Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from sixty recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.
A union formed earlier in 2014 called the Toronto Harm Reductions Workers Union (THRWU) has adopted a strategy they call “do it yourself” unionism. This means apparently by-passing the formal union certification and collective bargaining process in the Ontario Labour Relations Act and instead trying to bargain outside that model, asking employers to voluntarily recognize the union on behalf of its members only. Here is how the THRWU explains its outlook…
Susan on the Soapbox
Mouseland (why do people vote against their self-interest?)
The other day I called Telus to cancel my campaign phones and internet service. Groan. After listening to canned music for 17 minutes I was transferred to a customer service rep. He took my information, argued with me when I wouldn’t give him my email address, and finally transferred me to the cancellation department…where I was put on hold. Groan. After listening to canned music for 6 minutes the cancellation rep came on the line….
Hanging in the court of public opinion
When we think of Julian Assange we tend to think WikiLeaks, and not the allegations of sexual misconduct and rape two women made against him four years ago in Sweden. The Swedish courts, however, have not forgotten. A Swedish appeals court has upheld the arrest warrant issued against Assange in 2010. Assange has reportedly fled to the Ecuadorean embassy in London in an effort to avoid extradition. When the allegations were first made against Assange it was at the height of the WikiLeaks scandal, and conspiracy theorists got busy suggesting that this timing was not a coincidence….
University of Alberta Faculty of Law Blog
Bhasin v Hrynew: Good Faith in Contracting
In Bhasin v Hrynew (2014 SCC 71), the Supreme Court of Canada charted a new course for Canadian common law contracts, stopping just short of holding in favour of a general duty of good faith. Instead, Justice Cromwell, writing for a unanimous panel, took “two incremental steps” in the development of the common law (para 33): first, he acknowledged “good faith contractual performance” as “a general organizing principle of the common law of contract”; second, he recognized as a “manifestation” of this principle, a duty of honest performance. …
On September 23, Canada’s Competition Bureau (“the Bureau”) announced landmark guidelines regarding the consideration of pharmaceutical patent litigation settlements under Canada’s competition law framework. The Bureau’s guidelines on this issue were released as part of a white paper titled Patent Litigation Settlement Agreements: A Canadian Perspective. These settlement agreements attract concern from competition regulators due to their potential to take the form of so-called “pay-for-delay” or “reverse payment” arrangements where a generic manufacturer agrees to delay the launch of a competing generic product in exchange for a transfer of value (monetary or otherwise) from the brand company….
*Randomness here is created by Random.org and its list randomizing function.