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. BC Estate Litigation Blog 2. Le Blogue du CRL 3. Vancouver Immigration Law Blog 4. David Whelan 5. The Court

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). …

Le Blogue du CRL
EDroit de la famille — 24188, 2024 QCCS 459

FAMILLE : Le demandeur, qui ne doit pas pouvoir obtenir ni même solliciter le statut de père à l’égard de l’enfant né à la suite d’une agression sexuelle qu’il a commise, est tenu de payer une somme forfaitaire de 155 483 $ pour satisfaire aux besoins de celui-ci. 2024EXP-519*** Intitulé : Droit de la famille — 24188, 2024 QCCS 459 Juridiction : Cour supérieure (C.S.), Saint-Maurice (Shawinigan) …

Vancouver Immigration Law Blog
What is an AI Hype Cycle and How Is it Relevant to Canadian Immigration Law?

Recently I have been reading and learning more about AI Hype Cycles. I first learned this term from Professor Kristen Thomasen when she did a guest lecture for our Legal Methodologies graduate class and discussed it with respect to her own research on drone technology and writing/researching during hype cycles. Since then, in almost AI-related seminar I have attended the term has come up with respect to the current buzz and attention being paid to AI. For example, …

David Whelan
Data, Decisions, and Maps

I work at a county public law library that has transitioned from having physical branches to working with partner libraries. Soon after I arrived here, we closed our last physical branch law library and moved our resources to a different city within the county. This decision re-emerged recently as our governance Board was discussing our annual report. How did we choose? In particular, there was some discussion about whether we should retreat from our original decision and redeploy resources to the former location. It was useful to be able to fall back on the data we used when we made the original decision. …

The Court
APPEAL WATCH: Pepa v Canada, bound by obiter

The Supreme Court of Canada (“SCC”) granted leave to appeal Pepa v Canada (Citizenship and Immigration), 2023 FCA 102 (“Pepa FCA”), a pithy (16 paragraph) dismissal of a certified question for appeal from the Federal Court of Canada (“FC”) under the Immigration and Refugee Protection Act, SC 2001, c 27 (“IRPA”). The appeal material raises two main issues: first, whether a permanent resident visa holder loses the right to appeal a removal order if their visa expires in the course of administrative delays; and second, the reasonableness of an administrative decision-maker’s (“ADM”) reliance on obiter statements in case law when interpreting a statute. …

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