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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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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

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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

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Ever wonder why you never read the fine print?

In this episode, Gavin and Stephen look into the often-overlooked world of waiver of liability clauses. They discuss a recent British Columbia case where a mountaineering company's liability waiver was scrutinized after a climber was injured.

They explain the importance of these clauses for businesses, the strict standards courts apply to enforce them, and how they balance protecting economic interests with ensuring consumer safety.

Listen For:
02:49 - The Case of the Injured Rock Climber
09:28 - The Role of Clear and Concise Language
18:00 - Waivers in Consumer Contracts
25:42 - Waivers and Minors: A Legal Gray Area

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From defamed to victorious: A mortgage manager’s triumphant battle.

In this episode, Gavin and Stephen discuss a case where the plaintiff, accused of fraudulently processing mortgages, was blackballed within the banking industry due to a defamatory alert.

The court found the bank's defenses of justification and qualified privilege unconvincing, leading to significant damages, including punitive damages for the bank's reckless disregard of the truth.

This case underscores the importance of careful and truthful communication, especially when wielding the substantial influence of a major financial institution.

Listen For:
02:21 - Defamation in Canada
08:48 - Fraud Discovery
17:14 - Investigator’s Role
24:03 - Damages Breakdown

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Weighing justice and prejudice in the Weinstein case reversal.

In this episode, Gavin and Stephen explore the controversial overturning of Harvey Weinstein's conviction. They explore the nuanced and often polarizing landscape of legal standards, particularly focusing on the balance of evidence and the dangers of prejudicial character evidence in sexual assault cases.

They discuss the implications of Weinstein's case on the #MeToo movement, the role of similar fact evidence, and how past behaviours are used in court to shape perceptions of guilt or innocence, shedding light on the complexity of ensuring fair trials in the emotionally charged atmosphere of high-profile sexual misconduct cases.

Listen For:
04:57 - Review of Weinstein’s charges and trial evidence
08:50 - Analyzing the Appeals Court decision
18:29 - Contextual challenges in the Weinstein trial
20:57 - Power dynamics and consent in sexual assault cases

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Judicial appointments spark controversy.

In this episode, Gavin and Stephen dive into the contentious debate surrounding the political nature of judicial appointments in Ontario. They discuss Ontario Premier Ford's candid remarks on crime and bail, the inherent political process of selecting judges, and the criticisms leveled against this system.

Addressing everything from the role of laypeople in judicial committees to the independence of the judiciary post-appointment, the hosts argue that while the process is far from perfect, it is deeply rooted in democratic principles.

They champion the idea that judges, once appointed, are shielded from the political fray, able to exercise their duties with impartiality—a cornerstone of the Canadian legal system.

Listen For:
4:20 The Provincial Power to Appoint
11:21 Reality of Supreme Court Appointments
19:36 Independence of the Judiciary

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It's a constitutional showdown. Gavin and Stephen discuss into the implications of the 14th Amendment of the U.S. Constitution, particularly in light of recent events including the January 6th riots and legal actions concerning former President Donald Trump.

They explore the historical context and application of the amendment, especially Section 3, which pertains to insurrection and its consequences for political participation.

The conversation also explores a recent legal decision from Colorado that sought to remove Trump's name from the ballot, examining its constitutionality and potential impacts on U.S. democracy and the electoral system.

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Gardiner Roberts website | Gavin email | Stephen email