This piece is released as part of a broader book project currently soliciting funds via Kickstarter. Aequitas sequitur legem: equity follows the law, which concept expresses the victory of common law over its equitable counterpart. There is good reason for this win, for the ancient law of equity was administered by the Lord Chancellor, a … Continue reading A broader honour for our Crown?
This post is cross-posted to CanLII. The Law Society of Ontario occupies a special place in most lawyers’ hearts, and much talk has sprung up in recent years about how that special place first forms, then concatenates. One reason that springs to mind among the next crop of legal advisers is that articling students are … Continue reading Articling students: unionize against the LSO
The Solicitors Regulation Authority (SRA), the United Kingdom’s statutory regulator for one branch of the legal profession, has done away with the requirement for a university degree in law, which news has caused me to wonder about Canadian legal education. As a law student paying $9 000 per term (for 6 terms, and my tuition … Continue reading For less specialist legal education
President Donald Trump has petulantly refused to accept the results of the American 2020 presidential election. His campaign and the Republican Party have filed almost a dozen lawsuits in Nevada, Michigan, Pennsylvania, and Georgia, with more on the way. His aggressive legal action—actions that are being described as ‘entirely without merit’ and ‘flailing’—will almost assuredly not affect the election’s outcome. They … Continue reading How to short circuit Donald Trump’s election suits: use a bill of peace to bring them into a single court
David Hume’s is-ought problem is oft-forgotten in Canadian political and legal circles, and it bears some repetition. We often forget the value of deduction in an algorithmic age, for computers and the science from which they stem cause us to increasingly rely on inductive logic. In this age of induction, we formulate general rules based … Continue reading Dicey’s ghost walks free
Visitors have the right to supervise and correct the affairs of a charitable corporation. The Law Society of Ontario had visitors mentioned in its charter, but this mention was removed. Does the visitor still exist? If so, what might that mean for the profession?
This note takes issue with the Court's refusal to hear more cases. I take a historical approach by examining the case of Sutton's Hospital, which was heard by the English Exchequer Chamber. The case gives us a beautiful note on which to consider the Supreme Court's function in Canada.