The Complete Brief
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August 15, 2025
Rectification: The court’s power to fix a contract
While written contracts are generally presumed to reflect the intentions of the parties that have signed them, this may not always be the case. What happens if one or both parties realize after the fact that the contract into which they entered does not accurately reflect their intended contractual terms?
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August 15, 2025
Murder trial jury instructions inadequate, new trial ordered
It was meant to be a coworkers’ celebration of life for a Boston Pizza employee who had died in 2018. That celebration turned tragic when three people were stabbed, one of whom died.
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August 15, 2025
Beyond the bar: When nobility rings hollow
I recently sat for the New York “bar exam” (also known as the Uniform Bar Exam or UBE), which is a gruelling and high-stakes test that marks the gateway to practising law in the United States. On the second day of this 12-hour exam, a tragic and jarring incident occurred: a fellow examinee collapsed from cardiac arrest while the test continued unabated.
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August 14, 2025
Court denies leave to dentist in case of restrictive covenant breaches
The British Columbia Court of Appeal has denied leave to appeal an interlocutory injunction in a case where restrictive covenants were allegedly breached in relation to the operation of dental businesses.
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August 14, 2025
DEI dilemma: U.S. state bars grapple with DEI programs, language amid legal threats
State bar leaders across the U.S. are wrestling with whether to stand firm on their diversity, equity and inclusion (DEI) programs or quietly rework programs and language as they face rising political pressure and potential legal challenges.
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August 14, 2025
Yukon looking at public, professional feedback on amending Health Professions Act
Yukon will use feedback from the public and other stakeholders to guide “policy and regulatory development” in revamping legislation governing health care professionals.
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August 14, 2025
BD&P welcomes Katerina Maragos to its energy group
Burnet, Duckworth & Palmer, LLP (BD&P) has announced that Katerina Maragos has joined its energy group.
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August 14, 2025
A slippery slope: When brokers bind insurers
In Deasan Holdings Ltd. v. Continental Casualty Company, 2025 BCCA 177, the B.C. Court of Appeal overturned the trial judge’s narrow interpretation of a certificate of insurance and reaffirmed core principles of agency and contract interpretation in insurance law.
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August 14, 2025
The ‘best interests test’ and cultural significance in Indigenous communities
As I entered the courtroom in Iqaluit, I was immersed in a world of child welfare, where the glaring significance of rich culture and heritage formed part of the backdrop and undertone in cases where it should be front and centre.
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August 14, 2025
Jury instruction missteps lead to retrial in Ontario murder case
John Wayne Pierre and Lesley Watterworth had a volatile, drug-fuelled relationship, made worse by Pierre’s jealousy over her former boyfriend. After leaving a rehab program early in 2016, Pierre resumed drug use with her.