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Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Legal Feeds 2. Lash Condo Law 3. SOQUIJ | Le Blogue 4. Vancouver Immigration Law Blog 5. Global Workplace Insider

Legal Feeds
Supreme Court majority confirms non-consensual condom refusal or removal constitutes sexual assault

When a person’s sexual consent is conditional on condom use, they have not consented to sex without a condom, the Supreme Court found this morning. In R. v. Kirkpatrick, the SCC unanimously dismissed an appeal brought by the accused in a sexual assault case. But the court was split on which Criminal Code provision applies to a situation where the complainant’s sexual consent was contingent on condom use and the accused did not wear one. …

Lash Condo Law
Common Elements Causing Noise Disturbances – A recent case

A recent case has highlighted the importance of timely and meaningful responses by condominium corporations to owner complaints – and the potential consequences for failing to adequately attend to the issues. The case, Wong v. TSCC No. 1918, 2022 ONSC 3409, centered on a unit owner who had been complaining of noise and vibrations emanating into her unit for over eight years. The unit was located directly adjacent to the condominium’s garbage room, where the garbage chute funneled, and where the compactor was located. …

SOQUIJ | Le Blogue
Fraude et biométrie: prendre la voie du vocal

Après 2 ans de pandémie, notre société est à même de constater que les ajustements temporaires apportés à nos vies personnelles et professionnelles engendrent certains changements qui pourraient demeurer. C’est aussi le cas dans le domaine de la fraude, où les criminels qui se spécialisent dans les crimes basés sur l’identité ont dû s’adapter à la disparition du service à la clientèle en présentiel. Les entreprises visées doivent donc optimiser leurs approches de détection de la fraude pour pouvoir faire face à ces nouvelles menaces virtuelles de plus en plus sophistiquées. …

Vancouver Immigration Law Blog
Ocran v. Thavaratnam and Hoku: How a Chinook Decision is Bootstrapped in Judicial Review and Strategies to Counter

I am writing this post after noticing a troubling trend and pattern. Unfortunately, counsel who are unprepared for how the Department of Justice and IRCC work in tandem on these cases (and to be honest, some Judges have also fallen into the trap of this strategy) can lead to JRs being dismissed at leave. …

Global Workplace Insider
New York State bill raises the stakes for employer safety liability: lifts caps on restitution and imposes significant fines for workplace deaths and injuries

A New York State bill, “Carlos’ Law”, is currently before Governor Hochul for signing, after having been passed both by the Senate and Assembly. The bill’s Sponsor Memo states that its purpose is “to protect workers from corporations and their agents that fail to comply with safety protocols. . .” and recalls that more than 400,000 workplace deaths have occurred since Congress enacted the Occupational Safety and Health Act of 1970 (the OSH Act). …

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*Randomness here is created by Random.org and its list randomizing function.

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