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. Canadian Combat Sports Law Blog 2. BC Estate Litigation Blog 3. Law of Work 4. Crossroad Family Law Blog 5. The Court

Canadian Combat Sports Law Blog
Zero Eligible UFC Fighters Asked To Opt Out of Class Action Lawsuit

In a court filing this week in the UFC antitrust lawsuit it was revealed that not a single eligible fighter asked to be removed from the lawsuit. By way of context several fighters started a proposed class action against the UFC arguing they are operating an unlawful monopsony which economically exploits fighters. The lawsuit was certified last year expanding it from a handful of fighters to include over 1,200 fighters who competed in the promotion from 2010-2017. …

BC Estate Litigation Blog
Wills Variation Claims by Adult Independent Children

In B.C., a spouse or child of a deceased person (the “will-maker”) can bring an action to vary a will if it fails to make adequate provision for their proper maintenance and support. This includes adult independent children. When determining whether a will-maker has made adequate provision, the Court will consider the will-maker’s legal and moral obligations. Legal obligations are owed to a spouse or dependent children and do not usually factor into the analysis of claims by adult independent children (unless the child contributed to the estate). …

Law of Work
Can Uber Workers “Strike”?

There’s news today of a North America wide “strike” by ride-share workers (Uber/Lyft, etc) to protest low wages in the industry. Some of these stories (like this one) proclaim that since ride-share drivers “are classified as contractors” they aren’t covered by employment standards laws, including the minimum wage laws. As I’ve been screaming into the wind for years now, the claim that ride-share drivers are not covered by employment standards laws is not what THE LAW says, it is what the ride-share companies claim. If I say that you are Prince it does make you Prince. You see the difference? …

Crossroad Family Law Blog
From Child Support to Parenting Time: Understanding Stepparent Rights

Blended families have become quite common in today’s society. According to a 2019 Canadian Health Survey on Children and Youth, 20% of children who have experienced parental separation or divorce, live with a stepparent – that equates to over 237,000 Canadian kids. There is no question that stepparents play an indispensable role in their family’s lives, offering emotional support and often contributing financially. However, the boundaries of their parental authority, including their rights and responsibilities, are not always clear-cut. While rewarding, the role of a stepparent comes with distinct legal and emotional challenges, particularly in maintaining a nurturing relationship with stepchildren while respecting the authority of their biological parents. …

The Court
Ewen: The judge-represented litigant

The Federal Court of Appeal (the “FCA”) resolved an “unusual question” about the Federal Court’s jurisdiction to raise a substantive question not raised by the parties in the context of an urgent motion for judicial review. In Canada (Public Safety and Emergency Preparedness) v Ewen, 2023 FCA 225 [Ewen], the FCA considered the unprompted decision of a Motion Judge to raise a new issue under the Canadian Charter of Rights and Freedoms [Charter]. …

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