Jonathan’s Jots

Skiing and conflicts of laws   The law often tries to serve conflicting masters, like fairness on the one hand and predictability on the other. Businesses love and rely upon predictability. They also want to limit or cap their exposure…

There is an interesting Superior Court case out of BC to report, involving residential real estate and tax law.   Buried in the paperwork of a real estate deal is a clause about the seller being a resident of Canada for Income…

As often is the case, an unfortunate event has lead to some clarity of the law. In a recent case called Wilks, the defendant owned a Great Dane dog. The defendant asked a friend to walk the dog, and the…

For almost 20 years now, pursuant to a 1998 Supreme Court case, auditors have been largely shielded from liability for their work, if their corporate client goes bust because of fraud.   The reason is an old doctrine called "privity of contract."…

Another municipality has lost a wind fight. The City of Kiwartha lakes was dealing with a wind turbine project. The project backers had completed all the necessary permits with the province and their site plan was dependent on creating an…

The courts have always been loathe to convict someone from self incrimination until they can be satisfied that things were done fairly- that is why confessions cannot be accepted into court evidence until they have been proven to be truly…

The Saskatchewan Court of Appeal just dealt with an interesting impaired driving/over 80 case.   There was a very minor fender bender while cars were parking. A witness thought one of the drivers was impaired and called in the vehicle…

Governments, at the behest of "progressive forces" years ago, created Human Rights Tribunals in each of the provinces. There is even a federal one, which is restricted to matters of federal law. They seem to love their authority and ability…

Some of you may know that there exists a criminal law contempt of court concept. In addition, there is a civil law (party v party law, as compared to government against citizen criminal law) contempt of court concept. The punishment…

Our provincial legislature, ever conscious of the "woman's vote" has amended the limitations act to eliminate any limitation period for lawsuits alleging sexual assault. Thus, those of you males who went to any base, being 1st, second, third or fourth, anytime in…