Select Legal Articles

  • Canadian Matrimonial Property Law - A Primer Matrimonial property is property owned by one or both of married spouses. Under the old common law system, married women did not own matrimonial property. Upon marriage, husband and wife became a single person in the eyes of the law.

  • License v Lease: Distinguishing the Oft-Indistinguishable In the real-world realm of contractual use of another's land, law-makers around the world mostly now interfered with the common law and established rights and obligations, primarily as to tenancies, both residential tenancies and commercial tenancies.

  • Euthanasia in Canada "I will neither give a deadly drug to anybody if asked for it, nor will I make a suggestion to this effect." So goes the medical profession's Hippocratic Oath. And yet, it does seem "hypocritical" to compare that oath with the stark reality of medical practise in geriatric, cancer, AIDS or incurable disease wards of modern hospitals.

  • Nuisance Sic utera tuo ut alienam non laedas said the Romans: use your property in such a fashion so as to not disturb your neighbours. Doing otherwise constitutes nuisance under tort law.

  • The Canadian Guide to Enforcing Your Judgment Collections. Now there's a dirty word. Of all the wonderful things one can do in law, this can rank low on the "feel-good" totem pole, as in the image below of a downcast debtor leaving a Court in ancient Rome, hanging on to his boots, having lost all other possessions.

  • Human Rights Law in Canada Human rights are a recent invention of the law.

  • Parole In Canada The goal of all parole decisions is the protection of society. The National Parole Board looks at protection in the long and short term. In the short term, the Board examines whether there is an undue risk to society if the offender is released. To meet the longer term goal, the Board considers whether parole would help the offender return to the community as a law-abiding citizen. The Board has developed detailed policies to guide this task of risk assessment.

  • Children's Liability for Torts and Personal Injury Liability for personal injury and other torts caused by children: parents, guardians, babysitters and guardians listen up!

  • Alcohol Liability A must-read for any bar owner; notwithstanding the dire topic. From the local pub, the Jones’ annual Christmas Party to the beer in the locker room after a hard fought old-timers hockey game, any amount of alcohol sets off a ticking time bomb of liability.

  • Severance: How Much? Squabbling over severance pay for dismissal without cause is often the biggest sticking point between an employer who wants to shed an employee and an employee who wants fair terms. Here, we dissect a few representative cases.

  • Extradition From Canada For a citizen habituated to, and confident in the laws of their native or adopted land, especially one as free and democratic as Canada, extradition can be a terrifying prospect. This article looks at the extradition process, especially as it concerns extradition from Canada.

  • Pre-Nuptial Agreements - Just In Case With a high divorce rate, and older betrotheds, pre-nuptial agreements, or marriage agreements, are no longer distasteful. Historically, it wasn't cool for young lovers to even countenance irreconciable differences, let alone divorce. But today, unless you have a perfect match, a pre-nup is a great insurance policy.

  • Marriage Annulment Why get a divorce if you can get a marriage annulment ... and ... why get a marriage annulment if you can get a divorce!

  • Views of a Child & Separated Parents: Living With Dad or Mom They can't vote, drink beer or drive a car. Sometimes, when their parents separate or divorce, they are not even heard on the issue most dear to them: whether they live with Mom or Dad. But it's not all gloom and doom. Kids can get a say albeit much can depend on which trial judge their parents draw.
  • About Marriage in Canada Marriage is a contract between two persons to live together as a family. That's where the simple information ends and the legalese takes over ....
  • Wills in British Columbia In God's country, aka British Columbia, Canada, wills are, as elsewhere, the primary legal document in which to give marching orders in respect to a person's estate, which includes debts and assets. This article looks at wills from a decidedly BC slant