Law should be drafted in a way that prevents litigation. Statutes, regulations, and precedents should ideally let people predict the decisions that legal authorities would make, if presented with certain facts. If the “shadow of the law” is sharp and clear, then people can avoid and resolve disputes instead of spending time and money litigating over them. Often, however, it
Written by Daniel Standing LL.B., Editor, First Reference Inc. Many readers will remember the Bugs Bunny cartoons that featured an ostrich who would bury its head in the sand to avoid a predator or some other form of imminent danger. It turns out that ostriches do not really bury their heads in the sand to avoid problems, but the cartoon
Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law. The Legal Responsibilities of Healthcare Facilities in Canada. By Nicholas Léger-Riopel. Toronto: LexisNexis Canada,
In a previous column, I looked at some principles behind awards of legal costs and expenses in Canadian domestic arbitration. In international arbitration the general rule is that the unsuccessful party pays the successful party’s costs. The question, usually, is how much? The high cost of international commercial arbitration is the main source of complaint by users of the system,