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Archive for ‘Administration of Slaw’

Labour Day Holiday

Conspiracy in restraint of trade

466. (1) A conspiracy in restraint of trade is an agreement between two or more persons to do or to procure to be done any unlawful act in restraint of trade.

Trade union, exception

(2) The purposes of a trade union are not, by reason only that they are in restraint of trade, unlawful within the meaning of subsection (1).

[Criminal Code RSC 1985, c C-46]

This was a law that was slow in coming. In 1872 the Toronto Trades Assembly supported the Toronto Typographical Union’s strike for a 54 hour work week.

George Brown,

. . . [more]

Posted in: Administration of Slaw

SOQUIJ to Provide Summaries for Summaries Sunday

Slaw est très heureux d’annoncer que, grâce à la Société québécoise d’information juridique (SOQUIJ), nous présenterons un résumé hebdomadaire d’un jugement d’un tribunal québécois tous les dimanches comme un de nos billets «Summaries Sunday». SOQUIJ a dit qu’ils axeront leur sélection pour Slaw vers des décisions ayant un intérêt pancanadien.

SOQUIJ se joint à un groupe d’éminents comprenant Maritime Law Book, OnPoint Legal Research et Supreme Advocacy LLP, qui tous contribuent résumés pour Summaries Sunday.

Slaw is very happy indeed to announce that, thanks to the Société québécoise d’information juridique (SOQUIJ), we will offer . . . [more]

Posted in: Administration of Slaw

Bitcoins and Securities Law

Some publicity has been given to a recent Texas judgment that held that Bitcoins were a form of money, and thus a scheme by which investors hoped to increase their holdings of bitcoins was subject to securities regulations.

Is there any doubt that a similar holding would be made in Canada?

It was not necessary to find that bitcoins were a form of money in order for the investment to be a security. I recall from law school days securities that promised gains from chinchillas, for example.

The holding that bitcoins were money was needed in that particular case because . . . [more]

Posted in: Substantive Law: Foreign Law, ulc_ecomm_list

Can a Search Suggestion Be Defamatory? (Revisited)

Earlier this year I posted about a French case that held Google liable for search suggestions that pulled up defamatory senses. (Courts in other countries have also held Google liable for this; others have not.)

The highest court in France, the Cour de Cassation, has now held that Google was not liable after all. The search results were completely automated, thus not the expression of anyone’s intention, and thus not able to be the basis of an intentional illicit act like defamation.

As the court said:

la fonctionnalité aboutissant au rapprochement critiqué est le fruit d’un processus purement automatique dans

. . . [more]

Posted in: Substantive Law: Foreign Law, Technology: Internet, ulc_ecomm_list

Privacy Not Protected by Short Passwords?

The Commission nationale de l’informatique et des libertés (CNIL – the French privacy authority) has recently found a company in breach of its duty to protect the personal information of its employees because the company used unduly short passwords that were too easy to guess and that were not changed often enough. (See the story on Le Village de la Justice)

According to the CNIL, the employer should have had a password policy that required longer passwords composed of letters, numbers and special characters, and that also required that the passwords be changed frequently.

It was not demonstrated that . . . [more]

Posted in: Substantive Law: Foreign Law, Technology: Office Technology, ulc_ecomm_list

E-Signatures and Assents

Is clicking ‘OK’ on a web site the equivalent of a signature, or just an act of assenting with legal effect, e.g. to accept an offer to contract? Is there a useful or meaningful distinction any more between a signature and an act of assent (at least when the signature is intended to show assent)?

Recently an appellate court in the US found that clicking OK to a web form satisfied the requirements of the Copyright Act (US) that a transfer of copyright had to be in writing and signed by the transferor. The court relied on the Electronic Signatures . . . [more]

Posted in: Substantive Law: Foreign Law, Technology: Internet, ulc_ecomm_list

Search Engines and the Right to Be Forgotten

Some time ago it was reported that a Spanish court had ordered Google to delete records of people’s private information on the ground that the applicable privacy laws gave them a ‘right to be forgotten’.

The Advocate General of the European Court of Justice published an opinion on this topic last month. In short, he opined that the EU Privacy Directive did not include a right to be forgotten, and that search engines did not control personal information in any event so were not subject to rules about handling personal information as ‘controllers’ under the Directive (or the national laws . . . [more]

Posted in: Technology: Internet, ulc_ecomm_list

Adjudicators and Their Facebook Friends … Not So Fast?

Are there rules in Canada about, or practical examples of, judges or tribunal adjudicators being ‘friends’ on Facebook or otherwise connected by social media with counsel or parties to a dispute before them? What should be done?

The American Bar Association has an ethics opinion that is summed up in this high-level principle:

A judge may participate in electronic social networking, but as with all social relationships and contacts, a judge must comply with relevant provisions of the Code of Judicial Conduct and avoid any conduct that would undermine the judge’s independence, integrity, or impartiality, or create an appearance of

. . . [more]

Posted in: Practice of Law, Technology: Internet, ulc_ecomm_list

Electronic Real Estate Transactions (More …)

At the end of my previous post on the application of the E-Commerce Act to land transactions, I mentioned ‘measures that might be useful to ensure that the change does not increase the risk of real estate fraud’. (None of this affects the *registration* of land transfers by electronic means.)

I have recently had drawn to my attention a set of technical specification for electronic signatures in land transactions adopted by OACIQ, the Quebec governing body for real estate brokers (the equivalent of the Real Estate Council in Ontario and some other jurisdictions). These are very detailed, though in principle . . . [more]

Posted in: Substantive Law: Legislation, Technology, ulc_ecomm_list

Canada Day

Today is Canada Day, so there won’t be regular posting on Slaw. Instead, we’ll be outside (we hope) celebrating our country’s 146th birthday. Oh, and in Quebec there’ll be a lot of déménagement going on, because it’s moving day in that province, a traditional, rather than a legal event, when a too large number of leases terminate and moving companies experience a bonanza.

Thanks, by the way, to Google for the tip of the chapeau to our Parliament building:

Update: I should have mentioned that the link takes you to their “street view” of the inside of the Parliament. . . . [more]

Posted in: Administration of Slaw