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
  • Lawfare: When Law Courts Become Political Battlefields
    Sep 24 2024

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    Are the courts becoming the new political battlegrounds?

    Gavin and Stephen dive into the concept of "lawfare"—the weaponization of the legal system for political gain.

    Focusing on the Ontario Place redevelopment case, they explore the delicate balance between democratic governance and the courts' role as a check on power.

    As they reflect on the nostalgic past of Ontario Place, the hosts tackle complex legal issues like standing in litigation, the public trust doctrine, and the broader implications of challenging government decisions in court.

    Listen For:
    05:11: Ontario Place: A brief history of its rise and fall
    09:34: Standing in court: Who has the right to sue?
    19:58: Lawfare in action: How Ontario Place’s redevelopment became a battleground
    23:01: The “public trust” doctrine: A failed legal argument

    A Practical Guide to the Law of Defamation. ow.ly/Wnml50T6Zbe - This book offers guidance on current and developing defamation law in Canada. It lays out prominent cases, prevalent legal principles and more.

    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
  • Disney vs. The Doctor: A Case of Arbitration and Tragedy
    Sep 10 2024

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    Are you aware of the hidden dangers lurking in your restaurant orders and online agreements?

    In this episode, Gavin and Stephen discuss a tragic case involving a fatal food allergy at a Disney Springs restaurant.

    They dive into the legal complications that arose, particularly focusing on Disney's controversial attempt to force the case into arbitration based on a seemingly unrelated online agreement.

    The discussion highlights the broader implications of clicking "I agree" without understanding the potential legal consequences. Tune in to hear how this case unfolded and the lessons it offers about food safety and legal agreements.

    Listen For:
    02:29 - Tragic Allergy: A Fatal Dinner at Disney Springs
    09:27 - Wrongful Death Claims: Surprising Low Damages
    17:52 - Arbitration vs. Court: The Hidden Costs
    22:15 - Contracts of Adhesion: The Click That Binds You

    A Practical Guide to the Law of Defamation. ow.ly/Wnml50T6Zbe - This book offers guidance on current and developing defamation law in Canada. It lays out prominent cases, prevalent legal principles and more.

    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
  • Libel, Lies, and Lawsuits: Dong vs. Global News
    Aug 6 2024

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    Is the media failing us with sensationalism?

    In this episode, Stephen and Gavin explore the controversial defamation lawsuit involving Canadian MP Han Dong and Global News.

    They discuss the critical issue of media responsibility in reporting, the allegations of Chinese interference in Canadian politics, and the resulting legal battle.

    The conversation highlights the challenges faced by mainstream media in maintaining credibility in a sensationalized landscape, the legal principles surrounding defamation and anti-SLAPP motions, and the broader implications for democracy and public trust.

    Listen For:
    04:20 - Manipulation of Facts in Modern Media
    09:01 - Defamation Lawsuit Against Global News
    24:09 - Potential Consequences for Global News
    29:46 - The Future of Media Credibility and Public Trust

    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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