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	<title>Comments for Law is Cool</title>
	<atom:link href="http://lawiscool.com/comments/feed/" rel="self" type="application/rss+xml" />
	<link>http://lawiscool.com</link>
	<description>The law school blog and podcast from Canada</description>
	<lastBuildDate>Sat, 20 Mar 2010 00:09:38 -0400</lastBuildDate>
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		<title>Comment on On grandmothers and stunt driving by Marc</title>
		<link>http://lawiscool.com/2010/03/19/on-grandmothers-and-stunt-driving/comment-page-1/#comment-8403</link>
		<dc:creator>Marc</dc:creator>
		<pubDate>Sat, 20 Mar 2010 00:09:38 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/?p=2541#comment-8403</guid>
		<description>Apparently we should add tortoises and hares to cars on the list of things that you can&#039;t legally race on a highway:

Horse racing on highway
173.  No person shall race or drive furiously any horse or other animal on a highway.</description>
		<content:encoded><![CDATA[<p>Apparently we should add tortoises and hares to cars on the list of things that you can&#8217;t legally race on a highway:</p>
<p>Horse racing on highway<br />
173.  No person shall race or drive furiously any horse or other animal on a highway.</p>
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		<title>Comment on Student Prop for Harper is a High-Risk Vocation by Paul m</title>
		<link>http://lawiscool.com/2010/03/19/student-prop-for-harper-is-a-high-risk-vocation/comment-page-1/#comment-8402</link>
		<dc:creator>Paul m</dc:creator>
		<pubDate>Fri, 19 Mar 2010 22:37:18 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/?p=2543#comment-8402</guid>
		<description>Its pretty clear he didn&#039;t notice until someone pointed it out.  As for empathy, the man is very empathetic in person.</description>
		<content:encoded><![CDATA[<p>Its pretty clear he didn&#8217;t notice until someone pointed it out.  As for empathy, the man is very empathetic in person.</p>
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		<title>Comment on Former NHL&#8217;er Ramage Has Appeal by John</title>
		<link>http://lawiscool.com/2010/03/03/former-nhler-ramage-has-appeal/comment-page-1/#comment-8391</link>
		<dc:creator>John</dc:creator>
		<pubDate>Tue, 16 Mar 2010 19:40:14 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/?p=2498#comment-8391</guid>
		<description>Where in all this &quot;legal&quot; debate is the rights of the other driver considered?
If memeory serves me correctly the accident was in 2003. The other driver was badly injured and crippled, does she not warrent consideration? I have not heard one high priced lawyer speak out on her behalf in all this debate about rights.
Also if memory serves me again did the Mangnuson family not get several million dollars for a wrongful death claim in the USA?
How could he not be guilty????
Puzzled in Scarborough</description>
		<content:encoded><![CDATA[<p>Where in all this &#8220;legal&#8221; debate is the rights of the other driver considered?<br />
If memeory serves me correctly the accident was in 2003. The other driver was badly injured and crippled, does she not warrent consideration? I have not heard one high priced lawyer speak out on her behalf in all this debate about rights.<br />
Also if memory serves me again did the Mangnuson family not get several million dollars for a wrongful death claim in the USA?<br />
How could he not be guilty????<br />
Puzzled in Scarborough</p>
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		<title>Comment on Could lawyers provide material support to terrorist organizations? by Omar Ha-Redeye</title>
		<link>http://lawiscool.com/2010/03/15/could-lawyers-provide-material-support-to-terrorist-organizations/comment-page-1/#comment-8388</link>
		<dc:creator>Omar Ha-Redeye</dc:creator>
		<pubDate>Tue, 16 Mar 2010 01:15:43 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/?p=2536#comment-8388</guid>
		<description>Perhaps one of the biggest setback of the Bush era is a deliberate obscuring of what the goals might be. It&#039;s difficult to make any generalizations of such disparate groups, but it&#039;s the tactics that are used that usually invoke the criminal element.  

I think legal counsel can play an important role in this respect, but I&#039;m not certain there are many opportunities in which it could be done without invoking the disclosure rule in &lt;a href=&quot;http://csc.lexum.umontreal.ca/en/1999/1999scr1-455/1999scr1-455.html&quot; rel=&quot;nofollow&quot;&gt;&lt;em&gt;Smith v. Jones&lt;/em&gt; 1999 1 SCR 455&lt;/a&gt;:


&lt;blockquote&gt;
&lt;strong&gt;(1)  Determining When Public Safety Outweighs Solicitor‑Client Privilege&lt;/strong&gt;
&lt;strong&gt;77 &lt;/strong&gt; There are three factors to be considered:  First, is there a clear risk to an identifiable person or group of persons?  Second, is there a risk of serious bodily harm or death?  Third, is the danger imminent?  Clearly if the risk is imminent, the danger is serious.

 

&lt;strong&gt;78    &lt;/strong&gt;  These factors will often overlap and vary in their importance and significance.  The weight to be attached to each will vary with the circumstances presented by each case, but they all must be considered.  As well, each factor is composed of various aspects, and, like the factors themselves, these aspects may overlap and the weight to be given to them will vary depending on the circumstances of each case.  Yet as a general rule, if the privilege is to be set aside the court must find that there is an imminent risk of serious bodily harm or death to an identifiable person or group. &lt;/blockquote&gt;

</description>
		<content:encoded><![CDATA[<p>Perhaps one of the biggest setback of the Bush era is a deliberate obscuring of what the goals might be. It&#8217;s difficult to make any generalizations of such disparate groups, but it&#8217;s the tactics that are used that usually invoke the criminal element.  </p>
<p>I think legal counsel can play an important role in this respect, but I&#8217;m not certain there are many opportunities in which it could be done without invoking the disclosure rule in <a href="http://csc.lexum.umontreal.ca/en/1999/1999scr1-455/1999scr1-455.html" rel="nofollow"><em>Smith v. Jones</em> 1999 1 SCR 455</a>:</p>
<blockquote><p>
<strong>(1)  Determining When Public Safety Outweighs Solicitor‑Client Privilege</strong><br />
<strong>77 </strong> There are three factors to be considered:  First, is there a clear risk to an identifiable person or group of persons?  Second, is there a risk of serious bodily harm or death?  Third, is the danger imminent?  Clearly if the risk is imminent, the danger is serious.</p>
<p><strong>78    </strong>  These factors will often overlap and vary in their importance and significance.  The weight to be attached to each will vary with the circumstances presented by each case, but they all must be considered.  As well, each factor is composed of various aspects, and, like the factors themselves, these aspects may overlap and the weight to be given to them will vary depending on the circumstances of each case.  Yet as a general rule, if the privilege is to be set aside the court must find that there is an imminent risk of serious bodily harm or death to an identifiable person or group. </p></blockquote>
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		<title>Comment on Motor Vehicle Lemon Laws in Canada by Wayne Garden</title>
		<link>http://lawiscool.com/2008/09/14/motor-vehicle-lemon-laws-in-canada/comment-page-1/#comment-8387</link>
		<dc:creator>Wayne Garden</dc:creator>
		<pubDate>Mon, 15 Mar 2010 23:22:07 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/?p=877#comment-8387</guid>
		<description>At what point can someone seek compoensation.  Since December 26, 2009, I have had to had my 2009 Vibe towed back to the dealer three times after it refused to start.  Ther forth time it returned to the dealer, I drove it in after it hesitated to start four times in a row.  Each time the dealer informed me it could diagnos the problem, though it appeard to be electronic.
I cannot rely on the car because I do not know when this  electronic bug is about to bite.

How many more times do I need to endure the problem before I can ask for the car to be replaced?

Wayne Garden

&lt;hr&gt;

&lt;b&gt;Lawrence Gridin&lt;/b&gt;: As law students, we are prohibited from giving you legal advice. You can seek free legal information at &lt;a href=&quot;http://www.advicescene.ca&quot; rel=&quot;nofollow&quot;&gt;advicescene.ca&lt;/a&gt;. Alternatively, for specific advice, we recommend that you contact a local lawyer who specializes in consumer protection law.</description>
		<content:encoded><![CDATA[<p>At what point can someone seek compoensation.  Since December 26, 2009, I have had to had my 2009 Vibe towed back to the dealer three times after it refused to start.  Ther forth time it returned to the dealer, I drove it in after it hesitated to start four times in a row.  Each time the dealer informed me it could diagnos the problem, though it appeard to be electronic.<br />
I cannot rely on the car because I do not know when this  electronic bug is about to bite.</p>
<p>How many more times do I need to endure the problem before I can ask for the car to be replaced?</p>
<p>Wayne Garden</p>
<hr />
<p><b>Lawrence Gridin</b>: As law students, we are prohibited from giving you legal advice. You can seek free legal information at <a href="http://www.advicescene.ca" rel="nofollow">advicescene.ca</a>. Alternatively, for specific advice, we recommend that you contact a local lawyer who specializes in consumer protection law.</p>
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		<title>Comment on Could lawyers provide material support to terrorist organizations? by Marc</title>
		<link>http://lawiscool.com/2010/03/15/could-lawyers-provide-material-support-to-terrorist-organizations/comment-page-1/#comment-8386</link>
		<dc:creator>Marc</dc:creator>
		<pubDate>Mon, 15 Mar 2010 23:11:44 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/?p=2536#comment-8386</guid>
		<description>From Mohammad Fadel&#039;s post:
&quot;One of the ways to convince terrorist organizations to abandon terrorism is to convince them that they can achieve their legitimate political goals without resorting to terrorism.&quot;

It strikes me that at least one important issue is whether or not a terrorist group&#039;s goals are, in fact, legitimate.  Perhaps denunciation of these goals is an intended purpose of listing some as &quot;terrorist groups.&quot;</description>
		<content:encoded><![CDATA[<p>From Mohammad Fadel&#8217;s post:<br />
&#8220;One of the ways to convince terrorist organizations to abandon terrorism is to convince them that they can achieve their legitimate political goals without resorting to terrorism.&#8221;</p>
<p>It strikes me that at least one important issue is whether or not a terrorist group&#8217;s goals are, in fact, legitimate.  Perhaps denunciation of these goals is an intended purpose of listing some as &#8220;terrorist groups.&#8221;</p>
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		<title>Comment on Wikileaks considered a &#8220;threat&#8221; by US Army by Mendy White</title>
		<link>http://lawiscool.com/2010/03/15/wikileaks-considered-a-threat-by-us-army/comment-page-1/#comment-8384</link>
		<dc:creator>Mendy White</dc:creator>
		<pubDate>Mon, 15 Mar 2010 20:50:31 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/?p=2537#comment-8384</guid>
		<description>The question here is, how far does the power of freedom of speech go when weighed against national security?

It can be argued that there can&#039;t be a bright line rule because the level of importance associated with every piece of information is different. 

However, it can be argued that any information that is for example, a top secret mission would be associated a level 5 which could be withheld such as information on where army troops will be stationed.</description>
		<content:encoded><![CDATA[<p>The question here is, how far does the power of freedom of speech go when weighed against national security?</p>
<p>It can be argued that there can&#8217;t be a bright line rule because the level of importance associated with every piece of information is different. </p>
<p>However, it can be argued that any information that is for example, a top secret mission would be associated a level 5 which could be withheld such as information on where army troops will be stationed.</p>
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		<title>Comment on How lawyers think by brian</title>
		<link>http://lawiscool.com/2010/03/05/how-lawyers-think/comment-page-1/#comment-8383</link>
		<dc:creator>brian</dc:creator>
		<pubDate>Mon, 15 Mar 2010 16:48:55 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/?p=2518#comment-8383</guid>
		<description>What were the lawyers thinking who &quot;forgot&quot; to check Carter out with the CPO??? See current Law Times re:

Lawyers targeted in row over expert witness 
March, 2010 
A man who says he lost custody of his children due to the testimony of a Whitby, Ont., man who allegedly falsely represented himself as a doctor of psychology in court now wants to hold lawyers and the legal system to account for his ordeal.
Read more...</description>
		<content:encoded><![CDATA[<p>What were the lawyers thinking who &#8220;forgot&#8221; to check Carter out with the CPO??? See current Law Times re:</p>
<p>Lawyers targeted in row over expert witness<br />
March, 2010<br />
A man who says he lost custody of his children due to the testimony of a Whitby, Ont., man who allegedly falsely represented himself as a doctor of psychology in court now wants to hold lawyers and the legal system to account for his ordeal.<br />
Read more&#8230;</p>
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		<title>Comment on Motor Vehicle Lemon Laws in Canada by R. McFarland</title>
		<link>http://lawiscool.com/2008/09/14/motor-vehicle-lemon-laws-in-canada/comment-page-1/#comment-8379</link>
		<dc:creator>R. McFarland</dc:creator>
		<pubDate>Mon, 15 Mar 2010 05:28:06 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/?p=877#comment-8379</guid>
		<description>F150 Ford . On July 28th 2009 I took delivery of this truck. I was thrilled as it was a dream truck. Sometime in September 2009 we noticed a musty smell in the cab but thought it would go away. I do not use the truck often and as of today it has 4000 Kilometers. The dealer has been great and I mean really great. The trouble is that they have had my truck for more than a month (I have a dealer paid rental)(problem was water leak thru satelite radio antena)I visited saturday February 13th and found my truck stripped , no seats,consol headliner,carpet. All that was left was the seat belts,dash and door panels and the smell. The smell was not as bad as before but still there.I NEED HELP ! When the smell was at its worst I drove the truck about 6 miles return trip and my wife made me change my clothing as she said I stunk and I did. If they should get rid of my stink, do I have to take back a disasembled truck? I am concerned that the factory installs things to certain tourques and the dealer does not have this available. AGAIN!!! The dealer has been bending over to try to fix my problem but as of yesterday I,m not sure I want this truck back after seeing it stripped out interior.


&lt;hr&gt;

&lt;b&gt;Lawrence Gridin&lt;/b&gt;: As law students, we are prohibited from giving you legal advice. You can seek free legal information at &lt;a href=&quot;http://www.advicescene.ca&quot; rel=&quot;nofollow&quot;&gt;advicescene.ca&lt;/a&gt;. Alternatively, for specific advice, we recommend that you contact a local lawyer who specializes in consumer protection law.</description>
		<content:encoded><![CDATA[<p>F150 Ford . On July 28th 2009 I took delivery of this truck. I was thrilled as it was a dream truck. Sometime in September 2009 we noticed a musty smell in the cab but thought it would go away. I do not use the truck often and as of today it has 4000 Kilometers. The dealer has been great and I mean really great. The trouble is that they have had my truck for more than a month (I have a dealer paid rental)(problem was water leak thru satelite radio antena)I visited saturday February 13th and found my truck stripped , no seats,consol headliner,carpet. All that was left was the seat belts,dash and door panels and the smell. The smell was not as bad as before but still there.I NEED HELP ! When the smell was at its worst I drove the truck about 6 miles return trip and my wife made me change my clothing as she said I stunk and I did. If they should get rid of my stink, do I have to take back a disasembled truck? I am concerned that the factory installs things to certain tourques and the dealer does not have this available. AGAIN!!! The dealer has been bending over to try to fix my problem but as of yesterday I,m not sure I want this truck back after seeing it stripped out interior.</p>
<hr />
<p><b>Lawrence Gridin</b>: As law students, we are prohibited from giving you legal advice. You can seek free legal information at <a href="http://www.advicescene.ca" rel="nofollow">advicescene.ca</a>. Alternatively, for specific advice, we recommend that you contact a local lawyer who specializes in consumer protection law.</p>
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		<title>Comment on Iacobucci to Investigate on Detainee Documents by Jamie Burgess</title>
		<link>http://lawiscool.com/2010/03/07/iacobucci-to-investigate-detainee-docs/comment-page-1/#comment-8370</link>
		<dc:creator>Jamie Burgess</dc:creator>
		<pubDate>Fri, 12 Mar 2010 21:34:34 +0000</pubDate>
		<guid isPermaLink="false">http://lawiscool.com/?p=2520#comment-8370</guid>
		<description>Bill was a member of the Defence committee but not the chair.  They looked into the subs we purchased from Britain.</description>
		<content:encoded><![CDATA[<p>Bill was a member of the Defence committee but not the chair.  They looked into the subs we purchased from Britain.</p>
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