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Published on: 23 Aug 2012 By

The Wedding Is Off! Now Who Gets To Keep The Ring?

Nadine Russell discusses the precedent and possibilities of the unfortunate circumstance of an ended engagement and what happens to the ring.Once upon a time, a man knelt down on one knee, presented a shiny diamond ring to his girlfriend and uttered the famous words “Will you marry me?”  Wit…

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Published on: 21 Aug 2012 By (Dianne Saxe)

Liability insurer need not pay for voluntary delineation and cleanup

According to Ontario’s Court of Appeal, General Electric Canada (GE) can’t make its liability insurer pay for the delineation and cleanup of a former GE property contaminated with trichloroethylene (“TCE”), because it voluntarily complied with a Ministry of the Environment …

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Published on: 20 Aug 2012 By (Dianne Saxe)

Certificate of analysis ok as evidence despite minor error and delay?

A court accepted a Maxxam certificate of analysis into evidence in an environmental prosecution, despite a minor error in an internal chain of custody, and a two month delay in issuing the certificate. The decision is useful for anyone who takes samples, analyses them or uses the result in court.

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Published on: 20 Aug 2012 By

Does your home renovation make you a “constructor”? Believe me, you need to know!

How often have you undertaken a home renovation project yourself? You might have hired out the more skilled aspects – maybe an electrician, a plumber, or a drywall taper (we all know “a guy”, don’t we?). You’re perfectly capable of overseeing the project generally; there’s no need to hire a …

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Published on: 16 Aug 2012 By (Dianne Saxe)

Science, proof and causation: when courts and scientists disagree

Bad science should be thrown out of court. When alleged scientific data fails to meet relevant, objective quality standards specifically developed for that kind of data, no one knows whether the claimed result is either reliable or correct. It is fundamentally unfair to punish anyone base…

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Published on: 16 Aug 2012 By

Social Media in Personal Injury Litigation: Will defence lawyers and insurance companies search my Facebook, Twitter and other social media pages?

Introduction Hiring private investigators to monitor plaintiffs in their daily lives is a common practice for defence lawyers and insurance companies, in order to find out if the plaintiff has lied about or exaggerated his or her injuries. In recent years, they have begun to regularly search…

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