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Archive for ‘Case Comment’

Court Agrees to Backdate Claim That Was Issued Outside Limitation Period

In a recent case, the Superior Court upheld the Master’s decision to backdate a Statement of Claim that was issued after the expiry of the limitation period.

The limitation period for the plaintiff’s claim was to expire on November 1, 2012.

On October 31st the plaintiff’s lawyer sent the Statement of Claim along with the necessary filing fees by overnight courier from Toronto to the Ottawa Court. Enclosed was a note for the Registrar which advised that the limitation period for filing the claim was November 1st and stating “I would really appreciate if you could call . . . [more]

Posted in: Case Comment, Practice of Law

Tenant Screws Landlord, and So Does the System

A recent decision from the Divisional Court provides an outrageous, and perfect example of how the legal system in the Province allows residential tenants to live rent free for over a year, and in this case, close to a year and a half.

The landlord originally applied to the Landlord and Tenant Board (the “Board”) for an order terminating the tenancy and evicting the tenant on the grounds that she had failed to pay her rent.

The first hearing was scheduled for April 8, 2013. That hearing was adjourned at the tenant’s request and was rescheduled to June 7, 2013. . . . [more]

Posted in: Case Comment

Quebec Bill Would Require Small Farms to Collectively Bargain

Quebec's new government wants to ensure that all farm workers have the right to unionize and collectively negotiate working conditions with their employers. Minister of Labour Sam Hamad has introduced Bill 8, An Act to amend the Labour Code with respect to certain employees of farming businesses, which would require small farms to let a union represent their employees.
Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

US Supreme Court Clarifies Law on Warrantless Cell Phone Searches. Will the Supreme Court of Canada Follow?

Lower courts in both Canada and the US have been deeply divided on the application of their respective Supreme Courts’ precedents on whether the police need a warrant to search the contents of a smart/cell phone seized during a lawful arrest. On June 25, 2014, the US Supreme Court unanimously settled US law in Riley v. California, No. 13-132. The court found that privacy interests at stake outweigh any legitimate governmental interest, absent any “exigent circumstances”.

The Fourth Amendment of the US Constitution provides protection against unreasonable search. A common law exception to the protection under the Amendment . . . [more]

Posted in: Case Comment, Substantive Law: Foreign Law, Substantive Law: Judicial Decisions

Grand Chamber Judgment Validates the Prohibition on Wearing the Full-Face Veil in Public in France

On July 1, 2014, in a final judgment that cannot be appealed, the European Court of Human Rights (ECHR) in the case of S.A.S v. France (application no. 43835/11), validated French Law no. 2010-1192, which prohibits concealment of one’s face in all places open to the public in France and found that the law does not violate the applicant’s rights under the European Convention on Human Rights.
Posted in: Case Comment, Substantive Law, Substantive Law: Foreign Law, Substantive Law: Judicial Decisions

Professor Joanne St. Lewis: Why I Stood Up to Racist Cyber Libel

The Case:

On June 5th, 2014, a jury ruled in the St. Lewis v. Rancourt defamation action. The decision before the Ontario Superior Court found that, the Defendant’s actions were malicious. They awarded $100,000 in general damages and $250,000.00 in aggravated damages. The Defendant has been ordered to take down his blog articles, cease defaming Professor St. Lewis and to assist in having the materials removed from Google and other search engines. The decision is likely to be appealed by the Defendant and awaits the imprimatur of the Ontario Court of Appeal and perhaps the Supreme Court of Canada. . . . [more]

Posted in: Case Comment, Justice Issues

The Duty Not to Find …

On the heels of the European Court of Justice’s decision, discussed on Slaw here and here, to require Google to suppress links to particular web sites that had ‘irrelevant and outdated’ personal information about a complainant, and US courts’ refusal to do the same, the British Columbia Supreme Court has now gone a step further: it has ordered Google to ensure that searches for particular topics or a particular company do not find the company defendant in the action before it.

The principals of the defendant company were accused of stealing trade secrets of the plaintiff and of . . . [more]

Posted in: Case Comment, Substantive Law: Judicial Decisions, Technology: Internet, ulc_ecomm_list

Employment Law and First Nation Band

In Canada, jurisdiction over employment law is normally within the authority of each province or territory, unless the employer or activity falls under the federal jurisdiction. This is a straightforward distinction under normal circumstances, but, in certain areas, it remains unclear. This was the case in Fox Lake Cree Nation v. Anderson, 2013, in which the Federal Court of Canada set aside the order of an adjudicator appointed by the Canadian Labour Ministry because that adjudicator did not have the jurisdiction to hear the complaint made by the terminated employee.
Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Have You Notified Your Insurer?

Manitoba lawyers recently received a memo from the Law Society’s Insurance Department reminding them that it’s time to pay their 2014/15 liability insurance premium.

That memo also contains the annual reminder to practising, insured lawyers to “Speak now or forever hold your peace” with respect to known or potential claims. The Law Society reminds lawyers that:

Because our Professional Liability Insurance coverage is written on a claims-made basis, if you know of any circumstances which might possibly, at some point in the future, give rise to an insurance claim against you and you want coverage under your Insurance Policy, then

. . . [more]
Posted in: Case Comment, Practice of Law, Practice of Law: Practice Management, Substantive Law: Judicial Decisions

Officers of the Worker and Employer Advisers Who Give Legal Advice Must Be Licensed Paralegals

The Ontario Superior Court of Justice has ruled that employees of Ontario’s Office of the Worker Adviser and Office of the Employer Adviser who provide legal services relating to the Occupational Health and Safety Act must be licensed paralegals. The Offices of the Worker and Employer Advisers provide certain legal services under the OHSA to employees and employers in non-union environments.
Posted in: Case Comment, Practice of Law, Substantive Law, Substantive Law: Judicial Decisions

Federal Court of Appeal Rulings on Landmark Family Status Cases

On May 2, 2014, the Federal Court of Appeal released its long-awaited decisions in Canada (Attorney General) v. Johnstone, 2014 FCA 110 (CanLII) and Canadian National Railway Company v. Seeley, 2014 FCA 111 (CanLII). The rulings confirm that child care obligations fall under the scope of family status under the Canadian Human Rights Act, and clarify the test for meeting a prima facie case of discrimination on the prohibited ground of family status. Let's examine what is involved in the accommodation of family status.
Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation