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6 Oct 2023, 12:27 pm by Michael Oykhman
R v Ladue held that not knowing the human body was dead is only a defence if the accused’s actions would have been lawful if the body had been alive. [read post]
6 Oct 2023, 4:30 am by Eric Segall
This post cannot analyze all those cases in detail but here is one representative example (there are many more).In Seila Law v. [read post]
4 Oct 2023, 6:30 am by Guest Blogger
In this post, I lay out the ways in which deferential interpretation occurs, and consider the risk engendered by the lack of articulated limits to such deference. [read post]
29 Sep 2023, 4:00 am by Michael C. Dorf
.* * *Cheeseburger consists of a Foreword by Jeffrey Moussaieff Masson, an Introduction in which Sherry lays out what she called "the simple case for veganism," thirteen substantive chapters addressing, as the title says, questions non-vegans commonly ask vegans, and a conclusion that summarizes and draws connections among the various questions in the thirteen chapters.The conclusion begins: "I have written most of this book with an audience of non-vegans in mind. [read post]
25 Sep 2023, 6:25 am by Gabrielle Rollin
  L’employeur, quant à lui, affirme qu’il n’avait pas connaissance du handicap de l’Employée au moment du congédiement et qu’à tout événement, la déficience de l’Employée, soit la dépendance à l’alcool, n’a pas été prouvée. [read post]
15 Sep 2023, 6:08 am by Andrew Lavoott Bluestone
A party seeking summary judgment should anticipate having to lay bare its proof and should not expect that it will readily be granted a second or third chance. [read post]
15 Sep 2023, 4:00 am by Deanne Sowter
It is the second mode of liability that is unique compared to the incident-based nature of existing torts, by capturing “the cumulative harm associated with the pattern of coercion and control that lays at the heart of family violence cases and which creates the conditions of fear and helplessness” (at para 54, emphasis in original). [read post]