Real Estate
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November 18, 2024
Why lawyers need hobbies | Harjot Atwal
“Hobbies are great distractions from the worries and troubles that plague daily living.” — Bill Malone
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November 18, 2024
Why digital legacy planning should now be part of every estate plan
We’ve all seen the Facebook profiles of departed friends that appear on our timelines, floating by like digital zombies. Although social media platforms like Facebook have introduced procedures such as memorialization and legacy contact to manage the accounts of deceased or incapacitated users, many remain in cyber-limbo due to a lack of a proactive digital legacy plan, as any estate planning lawyer will tell you.
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November 15, 2024
B.C. Court of Appeal allows appeal relating to definition of sub-contractor in insurance policy
The British Columbia Court of Appeal has overturned a lower court ruling in an insurance dispute, concluding that the judge erred in interpreting the definition of “sub-contractors” pursuant to an insurance policy relating to defence costs of third-party claims.
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November 15, 2024
Federal government overestimating impact of reduced immigration on housing supply, says PBO report
The Office of the Parliamentary Budget Officer (PBO) is predicting that the federal government's decision to sharply cut immigration levels from 2025 to 2027 will significantly improve the availability of housing in Canada, leading to an estimated 45 per cent reduction in the housing gap by 2030.
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November 15, 2024
AI in the courtroom: Canadian Judicial Council’s new guidelines
With the rapid advancement of artificial intelligence (AI) technology, Canadian courts are under increasing pressure to address its impact. While some view AI as a possible threat to the rule of law and democracy within Canada’s justice system, AI also holds promise for enhancing court operations, reducing workloads, supporting judicial functions and improving access to justice.
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November 15, 2024
Regulatory discrimination is authorized | Sara Blake
The Supreme Court of Canada has confirmed that a regulation may discriminate among regulated entities for regulatory purposes: TransAlta Generation Partnership v. Alberta, 2024 SCC 37.
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November 14, 2024
Removal of untranslated English decisions on website won’t end novel lawsuit against SCC: plaintiff
The Supreme Court of Canada’s removal of thousands of pre-1970 (mostly unilingual-English) judgments from its website won’t end an unprecedented Federal Court lawsuit that aims to compel the top court’s registry to fix alleged violations of the Official Languages Act by translating the court’s unilingual decisions into the other official language, says the plaintiff language rights group Droits collectifs Québec.
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November 14, 2024
Limitation applicable to constructive trust and unjust enrichment claims
The decision in Ingram v. Kulynych Estate, 2024 ONCA 678 (Ingram), by the Ontario Court of Appeal addressed whether the 10-year limitation period under s. 4 of the Real Property Limitations Act R.S.O. 1990, c. L.15 (RPLA) applies to the respondent, Kathleen Ingram’s, constructive trust and unjust enrichment claim against Henry Kulynych’s estate rather than the two-year period under s. 38(3) of the Trustee Act, R.S.O. 1990, c. T.23 (Trustee Act).
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November 11, 2024
Court certifies class action related to Vancouver fire that killed 2, displaced 70
The British Columbia Supreme Court has certified a class action arising from a 2022 fire at a hotel housing vulnerable residents in Vancouver’s Downtown Eastside for negligence and occupier’s liability claims.
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November 08, 2024
SCC elaborates on framework, scope for judicial review of regs and other subordinate legislation
The Supreme Court of Canada has ruled 9-0 that the Vavilov “reasonableness” standard for judicial review — informed by some of the Katz Group principles — presumptively applies when courts review whether subordinate legislation is authorized by law.