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27 Feb 2015, 6:58 am
Our presence matters. [read post]
18 Feb 2015, 4:00 am
Although I will return to this matter in my discussion on the disclosure of records held by third parties, we must recall that, under certain circumstances, the defence will be unable to lay the foundation for disclosure of a certain item until the trial has actually begun and witnesses have already been called. [read post]
11 Feb 2015, 4:00 am
Canada (Procureur général), 2015 CSC 5 [1] Au Canada, le fait d’aider une personne à mettre fin à ses jours constitue un crime. [read post]
4 Feb 2015, 4:00 am
Counsel need to ensure that the expert witness understands matters such as the difference between the legal burden of proof and scientific certainty, the need to clarify the facts and assumptions underlying the expert’s opinion, the need to confine the report to matters within the expert witness’s area of expertise and the need to avoid usurping the court’s function as the ultimate arbiter of the issues. [64] Counsel play a crucial mediating role by explaining the… [read post]
12 Jan 2015, 12:59 pm
Why does that matter? [read post]
12 Jan 2015, 4:00 am
The CourtTipping the Scale for Unwarranted Arrests: R v Day Last month, the Supreme Court of Canada (“SCC”) delivered a single-paragraph oral judgment in the matter of R v Day, 2014 SCC 74, dismissing an appeal from the Supreme Court of Newfoundland and Labrador Court of Appeal (“NLCA”), 2014 NLCA 14 [Day]. [read post]
7 Jan 2015, 6:35 pm
Au contraire! [read post]
24 Dec 2014, 5:00 am
AU Optronics Corp., ___ U.S. ___, 134 S. [read post]
20 Dec 2014, 10:00 pm
Corneloup, Sabine: Rechtsermittlung im internationalen Privatrecht der EU: Überlegungen aus Frankreich (The Application of Foreign Law in European Private International Law: Reflections from a French Perspective) On 16 January 2014, a symposium of the German Council of Private International Law took place in honour of the 80th birthday of Hans Jürgen Sonnenberger. [read post]
1 Dec 2014, 9:41 pm
But none of it mattered. [read post]
17 Oct 2014, 3:00 am
AU Optronics, Corp., 701 F.3d 796 (5th Cir. 2012) affected the court’s subject matter jurisdiction. [read post]
17 Oct 2014, 3:00 am
AU Optronics, Corp., 701 F.3d 796 (5th Cir. 2012) affected the court’s subject matter jurisdiction. [read post]
10 Oct 2014, 12:51 pm
Use of the whole mark doesn’t matter; strength of the mark favors defendant; etc. [read post]
8 Oct 2014, 4:00 am
A two-part test is applied to determine whether the new matter will place the lawyer in a conflict of interest: (1) Did the lawyer receive confidential information attributable to a solicitor and client relationship relevant to the matter at hand? [read post]
18 Sep 2014, 12:20 pm
So what does this mean for other media companies – and all other companies, for that matter, since the legal principles aren’t limited to the media? [read post]
5 Sep 2014, 2:17 pm
With regard to the Proposal for a EU-Regulation in matters of Matrimonial Property, rules which prohibit interspousal gifts should be classified as being rules of matrimonial property. [read post]
4 Sep 2014, 7:16 am
Au contraire, the rule seems on its face to indicate otherwise. [read post]
3 Sep 2014, 10:43 pm
I had the pleasure of attending the 2014 IHL Dialogs last week in lovely Chautauqua, NY. [read post]
3 Sep 2014, 4:00 am
Substantial indemnity costs are awarded only on an exceptional basis, saved for extenuating circumstances such as situations where there has been egregious conduct or where the motion was brought unreasonably.[3] [16] The most contentious and time-consuming matter considered at the hearing of these motions was the continuation of the Garrett interim injunction. [read post]
26 Aug 2014, 3:00 am
AU Optronics Corp., 134 S.Ct. 736 (2014) (holding parens patriae action filed by state’s attorney general was not mass action under CAFA); Standard Fire Ins. [read post]
