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Legal Updates

Are Canadian Courts Doing Justice to Section 1 of the Charter?

The global Covid-19 pandemic, and the unprecedented government incursions into the rights and freedoms of Canadians that have resulted from it, represents a pressure test for the section 1 analysis first developed in R v. Oakes, [1986] 1 S.C.R. 103 and synthesized in...

Unequal Distribution of Marital Property? When and Why?

The Marital Property Act, RSNB 2012, c 107, like other marital property legislation across Canada, contains a presumption that the property of both spouses is to be distributed equally between spouses upon the dissolution of the marriage.[i] This presumption is...

Publications

Jonathan Martin has published articles on a number of topics, including on construction litigation, family law, and constitutional law. Below is a list of his publications (online ones hyperlinked): "When Is A "Bridge" Not A "Road"?: The Application Of The Builders'...

Are Canadian Courts Doing Justice to Section 1 of the Charter?

The global Covid-19 pandemic, and the unprecedented government incursions into the rights and freedoms of Canadians that have resulted from it, represents a pressure test for the section 1 analysis first developed in R v. Oakes, [1986] 1 S.C.R. 103 and synthesized in subsequent decisions. Never...

Unequal Distribution of Marital Property? When and Why?

The Marital Property Act, RSNB 2012, c 107, like other marital property legislation across Canada, contains a presumption that the property of both spouses is to be distributed equally between spouses upon the dissolution of the marriage.[i] This presumption is enshrined at section 2 of the Act...

Publications

Jonathan Martin has published articles on a number of topics, including on construction litigation, family law, and constitutional law. Below is a list of his publications (online ones hyperlinked): "When Is A "Bridge" Not A "Road"?: The Application Of The Builders' Lien Act To Overpass Projects",...

Notable Matters:

Law Society of British Columbia v. Trinity Western University, 2018 SCC 32, [2018] 2 SCR 293   Trinity Western University v Law Society of Upper Canada, 2018 SCC 33, [2018] 2 SCR 453   Highwood Congregation of Jehovah’s Witnesses (Judicial Committee) v. Wall, 2018 SCC 26, [2018] 1 SCR...