Whose Privilege, Who’s Privileged? A Look at Lawyer-Client Privilege

By: Noah S. Wernikowski*

Maintaining confidentiality is central to many professions’ relationships with the public, but confidential information shared with a lawyer receives far more legal protection than that shared with other professionals. This comment explores why.

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InterOil: Doubling Down on a Heightened Standard of Fairness Opinions

By: Braeden Pivnick*

This comment discusses Re: Interoil Corporation, a 2017 decision of the Yukon Supreme Court. In imposing a heightened standard for fairness opinions in the commercial context, the Court's decision represents a notable departure from accepted practice. If widely adopted, it could have a sign...

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Smoothwater: Smoothing a Ripple in Corporate Arrangement Proceedings

By: Carson Wetter*

This comment discusses the use and judicial interpretation of arrangement provisions in the corporate context through the lens of Smoothwater Capital Corporation v. Marquee Energy Ltd., a 2016 decision of the Alberta Court of Appeal.

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Alberta (Information and Privacy Commissioner) v. University of Calgary: The Supreme Court’s Administrative Law Equivocality

By: Ahmed Mudathir*

This is a comment on the Supreme Court of Canada's decision in Alberta (Information and Privacy Commissioner) v. University of Calgary. I focus on the inconsistency in determining the appropriate standard of review evidenced by the Court and the need for clarity in this area of law.

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What the Income Tax Act Can Teach Us About Homophobia in Canada

By: Jeremy Barber*

Tax law demands attention to detail. This post explains how certain details in Canada's Income Tax Act subtly discriminate against LGBTQ+ communities and posits that these details – however small – are worthy of our attention.

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Mental Illness and The Law: A Comment on Chief Justice McLachlin’s Talk

By: Firuz Rahimi*

On March 6, 2017, Chief Justice of Canada Beverley McLachlin came to Saskatoon to discuss the connection between mental health and the law. This comment situates McLachlin C.J.C.'s words in a broader discussion of how individuals with mental illness interact with the criminal justice system, and end...

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BC’s Civil Resolution Tribunal: A Case for Expanding Online Dispute Resolution in Canada

By: Ashton Butler*

In this comment, I discuss British Columbia's Civil Resolution Tribunal. Through a discussion of its processes, I argue that online dispute resolution should be expanded throughout Canada.

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Indemnity First, Interpretation Second: Sabean v. Portage La Prairie Mutual Insurance Co.

By: John Mansbridge*

This is a comment on Sabean v. Portage La Prairie Mutual Insurance Co., one of the first decisions issued by the Supreme Court of Canada in 2017. I argue that the SCC misconstrues the nature of SEF 44 agreements and decides the matter incorrectly.

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R. v. Bingley: A Problematic Decision

By: Patrick A Thomson*

In R. v. Bingley, the Supreme Court of Canada decided that subsection 254(3.1) of the Criminal Code allows for Drug Recognition Experts to be qualified as expert witnesses without fully complying with the rules for admitting expert testimony set forth in R v. Mohan. This i...

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Should the Canadian Legal Profession Embrace Mandatory Pro Bono Work as a Pillar of Increased Access to Justice?

By: Jayme Anton*

Is the idea of mandatory pro bono work for lawyers an internal inconsistency? I argue that such a proposal strengthens the privileged status and service-oriented nature of the legal profession.

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Sever the Land or Die Trying: Case Commentary on Thorsteinson Estate v. Olson

By: Matthew Barnes*

This is a comment on Thorsteinson Estate v. Olson, a 2016 decision from the Saskatchewan Court of Appeal. I focus on the Court's decision to deny an application by Marjorie Thorsteinson's Estate to sever a joint tenancy.

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An Express Contradiction: Moloney, 407 ETR, and Federal Paramountcy

By: Jonathan Milani*

In 2015, the Supreme Court of Canada rendered two decisions concerning the interplay of the federal Bankruptcy and Insolvency Act and provincial vehicle licensing regimes. In rendering its decisions, the Court altered the federal paramountcy test. I argue that the changes to the test are in...

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And and Or, or And or Or?

By: Michael Crampton*

A comment on Rooney v. ArcelorMittal S.A., a 2016 decision from the Ontario Court of Appeal that held that the word “or” can be construed inclusively in legislative text.

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TWU's Proposed Law School: Clarifying the "Gay Quota" Argument

By: Evan Hutchison*

This comment considers the effect of accrediting TWU's law school on prospective LGBT law students.

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