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Beneath the Law

By: Stories and Strategies
  • Summary

  • If “No One is Above the Law,” then everyone is beneath it. Beneath the Law is a frank discussion between two lawyers who have lived and breathed the legal system in Canada for over 30 years.

    In this podcast hosts Stephen Thiele and Gavin Tighe of Gardiner Roberts, examine the arguments made in some highly contentious, and public cases, with a focus on the intersection between law and politics and where courtrooms become part of the political arena. In each episode Beneath the Law digs into interesting and current legal topics or legal battles and provides insight and commentary on the law and its application in our society.

    Law is at its core the expression of the fundamental framework of any organized society – it is the fine print of the social contract. Courts play a fundamental role in any democracy, getting underneath the surface and beneath the law requires an understanding of not only what courts are doing but why.

    © 2024 Beneath the Law
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Episodes
  • Balancing Rights: Protests and Property Law
    Jul 23 2024

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    "If you can't kick someone out, it's not your house."

    In this episode, Gavin and Stephen dissect the legal complexities surrounding recent pro-Palestinian protests on university campuses in Toronto.

    They contrast the swift eviction at York University with the prolonged encampment at the University of Toronto, attributing the differences to legal strategies and timing.

    The discussion explores the balance between property rights and freedom of expression, highlighting Justice Cohen's pivotal decision that set a precedent for handling such protests.

    Listen For:

    3:17 - Global Turmoil, Local Protests
    8:14 - Expression vs. Encroachment
    13:11 - Blueprint for Future Protests
    24:14 - Beyond the Campus: Public Parks and Protests

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    Contact Us Gardiner Roberts website | Gavin email | Stephen email

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    29 mins
  • REPLAY - If a Golf Ball Hits a Neighbouring House…
    Jul 9 2024

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    This episode was first published

    If you own a property bordering a golf course you know the risk involved. Stray shots will see golf balls enter your property or maybe even hit your house.

    Who is responsible for damages? The homeowner? The Golf Course? The Golfer?

    As with all things involving the Law, it depends. There are various claims homeowners can make including negligence and yes the Course and the golfer themselves can be named.

    In this episode Gavin and Stephen go through the case studies to find responsibility is a narrow fairway.

    Listen For
    9:35 The Assumption of Risk and Defense in Property Damage Cases
    11:41 Types of Legal Claims in Golf Ball Damage Cases
    13:50 Challenges in Obtaining Injunctive Relief
    16:42 Balancing Business Impact and Property Rights

    Read Stephen’s blog on this subject https://www.grllp.com/blog/Golf-course-liable-for-escaping-golf-balls-467

    Leave a rating/review for this podcast with one click

    Contact Us
    Gardiner Roberts website | Gavin email | Stephen email

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    28 mins
  • Justice Served: The Widow Who Defeated the Bank
    Jun 25 2024

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    An elderly widow scored a courtroom victory!

    In this episode, Stephen and Gavin dive into the gripping legal battle between a powerful Canadian bank and an elderly widow over a disputed $50,000 credit card debt.

    They unravel the complexities of the case, highlighting the bank's aggressive tactics, the widow's defense as an authorized user, and the court's sympathy for her plight.

    The discussion explores broader issues of predatory lending, the ethics of increasing credit limits without consent, and the nuances of law versus equity in the judicial system.

    Listen For:
    02:50 - The Modern Credit Card
    09:40 - Authorized User Defense
    14:03 - Missing Evidence
    23:12 - Law vs. Equity

    Leave a rating/review for this podcast with one click

    Contact Us
    Gardiner Roberts website | Gavin email | Stephen email

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    32 mins

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