As a professional working on the legal side of sport and recreation, I am often asked questions along the lines of the following: "When I register my child in a program, we are asked to sign a waiver form. Do these have any legal validity?" What follows is my answer to a not-so-simple … [Read more...]
The Vexatious Litigant
Vexatious litigation generally involves legal proceedings brought solely to harass or oppress the opposing party. Vexatious litigation may range from a first-time, frivolous lawsuit to repetitive, meritless applications brought within an otherwise proper lawsuit. In a nutshell, vexatious litigation … [Read more...]
Small Claims Court: A Venue Made for Self-Represented Litigants
Introduction A few years ago, while stopped on a major road in congested Calgary commuter traffic, our vehicle was struck from behind by another vehicle. We were hit with such force that our car was pushed into the car in front of us. The road and visibility were excellent and we all knew the … [Read more...]
What Self–Represented Litigants (Actually) Want
What should we do about self-represented litigants (SRLs)? Amid a backdrop of skyrocketing legal fees, decreased public funding, and a resultant wave of self-representation, this question seems to be on every reformer’s mind. Countless reports, working groups, and studies have asked this question, … [Read more...]
A Judge Balances Controversy with Compassion
No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing it was wrong. - Criminal Code of Canada, Section 16 This is known as the … [Read more...]
Essential Services and the Right to Strike
On January 30, 2015, the Supreme Court of Canada decided Saskatchewan Federation of Labour v Saskatchewan (“SFL”). In a 5-2 decision, the Court determined that the Public Service Essential Services Act (“PSESA”), in restricting certain public sector workers’ rights to strike, violated freedom of … [Read more...]
Medical Care and Children: Law, Ethics and Emotions Collide
While I imagine that being a judge is never easy, some situations and cases present more difficult decisions than others. And I imagine that the most troubling rulings a judge must make are those which may be expected to lead directly to the death of another person. While Canada does not have the … [Read more...]
The Engagement Ring: Whose Property is it?
As William Shakespeare once wrote "The course of true love never did run smooth." What happens when relationships turn sour and questions arise about property that a couple may have acquired together prior to marriage or given as gifts to one another? If diamonds are forever, does the bride-to-be … [Read more...]
Married vs. Common Law – What’s the Difference Anyway?
Introduction Most individuals who have recently wed realize this will change their income tax status, but common law couples often fail to realize they may also be considered married by the Tax Man. Many are surprised to learn that a different set of rules applies the next time they file their … [Read more...]
Wedding Law: By the Authority Vested in Me . . .
Add getting married to the list of activities in modern Canadian society which today is easy, chock full of options and as quick as you want it. This article is a brief summary of wedding law in Canada. Federal Marriage Legislation While our Constitution Act, 1867, section 91(26) confers … [Read more...]