David Scrimshaw (dscrimshaw)'s Public Profile in the Diigo Community

http://davidscrimshaw.blogspot.com

I use Diigo because (a) It lets me highlight text and add sticky notes for when I go back to a site.
(b) It helps me keep track of pages I've visited when researching.

Member since Jan 14, 2006, follows 4 people, 0 public groups, 1488 public bookmarks (1522 total).

More »

Tags

Recent Tags:	Law(0), Municipal(0), todo(0), creditor(0), corporate(0), tools(0), oppression(0), limitations(0), statutory(0), Interpretation(0), director(0), Fraud(0), Administrative(0), Professional-Responsibility(0), Public(0), defamation(0), Criminal(0), Psychology(0)
Top Tags:	Law(861), Municipal(110), tools(107), Bankruptcy(76), Psychology(59), contract(57), observation(53), lifehacks(52), priority(49), defamation(44)

More »

Recent Bookmarks and Annotations

Full recovery now possible for an 'untreatable' mental illness on 2009-11-20
CanLII - 2009 CanLII 63131 (ON S.C.) on 2009-11-20
- Equity’s remedy of
  rectification is available when contracting parties make a mistake and do not
  correctly express their actual agreement in their written contract.
  Rectification is concerned with mistakes in recording an agreement in writing.
  It is not concerned about mistakes in the underlying agreement. The purpose of
  rectification is to ensure that the written contract accurately expresses what
  was the parties’ agreement.
Island Timberlands LP v. Canada (Foreign Affairs), 2008 FC 1380 (CanLII) on 2009-11-20
- given the importance of the October
  12^th decision to Island Timberlands, and given that the decision was
  rendered in such a non-transparent manner in form and substance, even at the
  highest level of deference, and the lowest level of due process, a breach of due
  process occurred.
Reviews of Cheap Products | Cheapism on 2009-11-16
Canada (Attorney General) v. Mowat, 2009 FCA 309 (CanLII) on 2009-11-16
- [50]
  There is
  binding authority to the effect that different standards of review can apply to
  different legal questions depending on the nature of the question and the
  relative expertise of the tribunal in those particular matters
- [75]
  The proper
  approach to statutory interpretation has been articulated repeatedly by the
  Supreme Court of Canada and is so entrenched that reference to specific
  authority is not necessary. The goal is to seek the intent of Parliament by
  reading the words of the provision in context and according to their grammatical
  and ordinary sense, harmoniously with the scheme and the object of the
  statute.
- 2 more annotations...
- - [77]
    A legal term
    of art is a word or expression that, through usage by legal professionals, has
    acquired a distinct legal meaning. It has a technical meaning because of its
    conventional use by lawyers and judges
  - [79]
    The concept of
    costs in the context of administrative tribunals carries the same general
    connotation as legal costs
Desjardins Ducharme Stein Monast v. Empress Jewellery (Canada) Inc., 2004 CanLII 15737 (QC C.S.) on 2009-11-13
Rassouli-Rashti v. College of Physicians and Surgeons of Ontario, 2009 CanLII 62055 (ON S.C.D.C.) on 2009-11-12
- courts have concluded that a regulatory body has implied authority to conduct an
  informal investigation in circumstances where it is not necessary to resort to
  the powers accorded to an individual who is conducting a formal investigation
Repic v. Hamilton (City), 2009 CanLII 60673 (ON S.C.) on 2009-11-12
- I find that the choice of the Parclo A4 interchange design at this location was
  a policy decision. However, the actual construction of the interchange,
  any modifications to the design, decisions regarding markage, signage, traffic
  control devices, or any other such controls, are operation or implementation
  decisions and are subject to scrutiny by the court
- the evidence of Mr. Vandermark was very telling. He testified that modifications
  to the design, such as signage, the movement of the light pole, or implementing
  concepts as suggested by Mr. Robinson, would not require City/Regional Council
  approval
- 6 more annotations...
- - The City led no evidence
    to suggest that budgetary constraints informed the decision to erect or not
    erect stop and dismount signs, or other traffic controls at the intersection. In
    fact, the evidence from all witnesses was that the project was under budget
  - [89] It is not for the court to
    dictate what measures should have been adopted only that the City’s failure to
    do anything with respect to this unprotected crossing fell below the reasonable
    standard of care of a municipality. The failure of the City to mark the
    crossing, alert motorists of the crossing, alert cyclists that the bike path was
    ending, or to consider any of the other modifications testified to by the
    various experts, left this intersection in a state of disrepair.
  - If the City did
    not want to interfere with the free-flow design of the ramp, by either markings
    or traffic controls, then it was incumbent upon the City to provide a warning to
    approaching motorists that they might be faced with the unexpected hazard of
    either pedestrians or cyclists crossing the on-ramp. Failure to do so is a
    breach of their statutory duty to keep the roadway in a reasonable state of
    repair
  - once the City opens a new freeway in a residential neighbourhood, the onus is
    on the City to inspect the new facility to see how it is being used by the
    public and assess any conflicts or safety issues that need to be addressed
  - I am satisfied that the absence of the warning sign was sufficient to deprive
    Mr. Powell of that additional one minute and, accordingly, contributed to the
    cause of the accident
  - I am also satisfied that if
    the stop and dismount sign as planned by the City had been erected, Daniel
    would have had a cue as to how he should have behaved and if he had stopped
    and/or paused for a moment longer before entering the intersection, the
    collision would have been avoided
Every Kilowatt Counts - Power Savings Event - Coupons on 2009-11-10
Nareerux Import Co. Ltd. v. Canadian Imperial Bank of Commerce, 2009 ONCA 764 (CanLII) on 2009-11-10
- letters of credit are an important mechanism for ensuring that international
  commerce flows smoothly, effectively, and with some degree of assurance.
  As one American authority has put it, albeit colourfully, letters of
  credit are intended “to grease the wheels of trade and commerce”: Alaska
  Textile Co., Inc. v. Chase Manhattan Bank, N.A., 982 F.2d 813 (2d Cir.
  1992), at p. 824. Care is required, therefore, to ensure that they are not
  interpreted and enforced in a way that might jeopardize their uniqueness and
  commercial efficacy or the relative certainty that must surround their
  use. Hence the doctrines of autonomy, strict compliance and strict
  construction that will be discussed below
- At the same time, however, letters of credit are not completely divorced from
  the general rules and principles of contract law, including those invoking
  notions of fairness and equity
- 6 more annotations...
- - also Sarna at p. 5-1.
    
    [55]
    The corollary of the issuer’s obligation to pay, however, is another
    fundamental concept relating to letters of credit: the beneficiary’s obligation
    of strict compliance with the terms and conditions of the credit. This
    includes the responsibility of the beneficiary to inspect the terms of the
    credit before accepting it in order to determine whether it meets the needs of
    the underlying commercial transaction, and to request any changes if the terms
    of the credit cannot be strictly adhered to
  - the equitable doctrines of waiver and estoppel apply in letter of credit cases:
  - Although Canadian law
    has not yet recognized a stand-alone “duty of good faith” in the performance of
    a contract that is independent from the terms of the contract, as the United
    States has done, the jurisprudence establishes that there is an implied
    contractual duty of good faith not to act in a way that defeats or eviscerates
    the very purpose and objective of the agreement
  - In such circumstances, the discretion must be exercised reasonably and in good
    faith
  - The issuer of a letter of credit has an obligation to give timely notice that
    it is refusing to pay when it is asserting non-compliance
  - Both custom and the provisions of the UCP 500 impose on the issuer of a letter
    of credit a duty to give timely notice of dishonour. This duty is the flip
    side of the strict compliance coin