LegalMattersCanada

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Property defence must be reasonable in the circumstances

By LegalMatters Staff • Many Canadians are unclear about what rights they have when it comes to self-defence. In Alberta, that has been an issue in disputes where landowners have encountered uninvited people on their property. In one recent case, two men lost their lives, with the property owners claiming they were acting in self-defence. […]

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You have the right to self-defence, within reasonable limits

By LegalMatters Staff • What occurred during a home invasion in Halifax last year provides a good example of what is permissible under Canada’s self-defence laws. It started when two men wearing masks and carrying weapons broke into a home in the early evening. They were confronted by two male occupants and one of the intruders

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The right to bail is a pillar of our justice system

By LegalMatters Staff • Many organizations and people have been calling for bail reform following high-profile incidents involving those who committed crimes while on bail.  Some politicians, including Conservative Leader Pierre Poilievre, are pushing the federal government to ensure people accused of violent offences are kept in custody as they await trial. In Alberta, Justice

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Alberta’s IRS program puts efficiency before fairness

By LegalMatters Staff • In 2020 the Alberta government brought in the Immediate Roadside Suspension (IRS) program and many impaired driving offences are now dealt with administratively instead of going through the criminal justice system.  The government claimed this change “will keep our roads safer by providing serious and immediate consequences for all impaired drivers,” but

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Conditional sentences: they are punitive, fair and good for society

By LegalMatters Staff • There are many reasons to incarcerate as few people as possible in Canada, one being the cost.  Statistics Canada reports that taxpayers are on the hook for approximately $150,000 per year for every prisoner in Canada or a little more than $400 a night. From a purely financial standpoint, it doesn’t

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Seek legal advice when it comes to divorce and educational savings

By LegalMatters Staff • Many couples set aside money for their children’s education through registered education savings plans (RESPs). Both parents can contribute to the plan up to a set amount each year. However, issues may arise when it comes to divorce and educational savings. That is because under federal rules, RESPs are not required

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Understanding the reasons for launching an occupation rent claim

By LegalMatters Staff • Under common law, couples enjoy equal rights to occupy a property they jointly own. If one is forced out due to a breakdown in their relationship, the court can order the person remaining to compensate the other for the loss. This is known as occupation rent. It is usually determined as the

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Rudner Law tackled a myriad of employment issues in 2022

Toronto-area employment lawyer and mediator Stuart Rudner and his team at Rudner Law kept on top of the important issues affecting employers and workers in 2022. Associate Geoffrey Lowe started off the year explaining why the dismissal of almost 500 City of Toronto workers for failing to comply with a COVID-19 vaccination policy would lead to

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