To print this article, all you need is to be registered or login on Mondaq.com.
So, you re facing a charge by police and have to appear in
court. Sure, you can go to court by yourself and face the
magistrate alone. That is your right. But most of the time,
it s best to have a lawyer by your side to argue your case.
I spend a lot of time in the Local Court defending people
charged with offences ranging from traffic infringements and petty
theft through to drugs, bad public behaviour, family disputes and
physical altercations.
In my experience, many people underestimate the processes
To print this article, all you need is to be registered or login on Mondaq.com.
While COVID-19 forced us to work under lockdown last year,
Canada s court system continued to conduct hearings
electronically. In doing so, the highest courts in the land
delivered a number of precedent-setting decisions which have
changed the way that we view written contracts under the
law. While these decisions have been praised as positive
developments, they have also been met with controversy, in that
there is some concern that they may compromise the sanctity of
written agreements.
Unconscionability and Contractual Enforcement
Last June, the Supreme Court of Canada handed down a
1. General
Austrian Civil Law System
The Austrian legal system is a civil law one. Laws are based on
codes and statutes. Civil procedure provides an adversarial process
with inquisitorial elements: the proceedings and the judge are
limited to the factual allegations of the parties. The judge is not
a mere referee (eg, in the judge s inquisitorial
role, he or she will be the primary interrogator of parties and
witnesses).
Obligatory Public Hearings
A public hearing is obligatory. The judge will determine all
relevant facts of the case in the hearing, hear parties and
witnesses, discuss the content of documents and – if needed
To print this article, all you need is to be registered or login on Mondaq.com.
New Brunswick has a population of about 770,386 ranking it the
third smallest province in Canada. It covers 28,355 square miles,
the approximate equivalent of New Jersey, New Hampshire and Vermont
combined. New Brunswick is divided by the St. John River into north
and south portions. The river flows directly through Fredericton,
New Brunswick s capital and third largest city, which is
located in the heart of the province. Its most populated city,
Moncton, is located on the eastern side of New Brunswick. New
Brunswick is Canada s only officially bilingual province, and
To print this article, all you need is to be registered or login on Mondaq.com.
In August 2020, we discussed a pending test case that considered whether insurers could deny liability for small business insurance claims amid the COVID-19 pandemic. The Court found in favour of small businesses, which has resulted in a large number of businesses making claims pursuant to their policies.
These businesses may still find it difficult to make a successful claim however, and ClarkeKann Lawyers has recently been retained to act for a business involved in a dispute with its insurer.
In this article, we consider the decision of the recent test case, and how it will impact small businesses and insurers.