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. Labour Pains 2. Great LEXpectations 3. David Whelan 4. Lash Condo Law 5. Administrative Law Matters
In a statement of claim, in an action for misappropriation and misuse of confidential information what level of specificity is required as “material facts” pursuant to Rule 25.06 of the Rules of Civil Procedure? In Contino v. Olymel L.P, 2025 ONSC 7064, Associate Justice Nitchke held that broadly describing categories of allegedly confidential information was inadequate. The employer also failed to plead material facts explaining how the information was misused and how it suffered a resulting loss. The court struck the employer’s counterclaim, with leave to amend. …
Great LEXpectations
Looseleaf Updates – November 2, 2026
This release updates the commentary and caselaw in Chapter 5 (Functions of the Registrar), Chapter 6 (Land Descriptions and Registered and Deposited Plans of Survey), Chapter 12 (Leases), Chapter 13 (Mortgages), Chapter 15 (Lis Pendens), Chapter 16 (Transmission) and Chapter 18 (Statutory Exceptions to Indefeasibility of Title). …
David Whelan
The Frayed Value of a Death Notice
I’m writing my older brother’s obituary. It is not a genre I want to get good at although I know there are people who are. Books have been written on how to write a good one, whatever that means, and other books have collected the most memorable. I am reminded that my brother is dead and will not read whatever the obituary says. It makes me wonder who it is for and, knowing that, who benefits from its words. …
Lash Condo Law
When do reserve fund expenditures amount to additions, alterations or improvements?
Condominium corporations are permitted under sections 93(2) and 95(2) of the Condominium Act, 1998 (the “Act”) to use reserve funds for the major repair and replacement of common elements without requiring the consent of the owners.The line is less clear where a project could instead be characterized as an addition, alteration or improvement to the common elements, which may require notice to owners or an owner vote under section 97 of the Act. Section 97(1) helps draw that line. Where the corporation is carrying out its obligation to repair or maintain the common elements, the work is deemed not to be an addition, alteration or improvement (and can therefore proceed using reserve funds without owner approval) if the materials used are as reasonably close in quality to the original as is appropriate in accordance with current construction standards. …
Administrative Law Matters
Cabinet Directive on Regulatory Competitiveness and Red Tape Reduction
Canada’s federal government has published a new Cabinet Directive on Regulatory Competitiveness and Red Tape Reduction. The Directive applies to regulations (i.e. anything coming within the Statutory Instruments Act) and is designed as best practice for all other rule-making activities. As a central government initiative, the application to regulations is straightforward. But its application to everything else, for instance rule-making by regulators that are at arm’s length from government, will require reliance on the subtle arts of political persuasion and pressure. …
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*Randomness here is created by Random.org and its list randomizing function.
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