As anticipated, since the federal Pooled Registered Pension Plans Act came into force December 14, 2012, several provinces have followed suit and tabled legislation to implement the new kind of portable deferred income plan, which is designed to provide retirement income to workers and self-employed persons who do not have access to an employer-sponsored retirement pension plan.
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Last week the UK Supreme Court handed down its judgment in two appeals eagerly awaited by the Trusts and Estate bar: Pitt v. Holt and Futter v. Futter. They concern the rule which emerged since the 1975 decision in Hastings-Bass (HB) by which trustees could attack their own decisions where they had unintended consequences. Some commentators dubbed it the "morning after pill".

A Press summary of the UKSC decisions can be found here.

Typically the sorts of cases where the HB rule has been applied are to give relief to decisions which have resulted in taxation that was unintended and . . . [more]

One of the most common inquiries around reputation management law that I receive is how a business, brand or professional can access the names and identities of people who use review sites to unfairly malign them.

This is a valid question because review sites are frequently being used for a variety of other purposes. For example, business competitors can try to capture larger market shares by making themselves look better, and personal vendettas can play themselves out through negative reviews anywhere a person's name or their place of work is found online. The Terms of Service for most of these sites, . . . [more]

These are notes from a panel discussion by George Waggott, Partner, McMillan LLP, Toronto, Nina Barakzai, Sky Media, UK, Lyndsey Wasser, Partner, McMillan LLP, Toronto, and Lewis Gottheil, Counsel, CAW Canada, Toronto, on April 16, 2013 at the Canadian Corporate Counsel Association National Spring Conference 2013 in Toronto.

Note: these are my selected notes from this session; any inaccuracies or omissions are my own and not the speakers'. This session included a review of case law which was largely not included here.

The Social Network: What Should Employers Do?

Panelists:

George Waggott, Partner, McMillan
Nina Barakzai . . . [more]

On September 11, 2008 N.S., a sexual assault complainant sat in a court room in Ontario and struggled to explain to a judge why she shouldn’t have to remove her niqab, face veil, while she testified. “My face” she insisted, “is not going to show any signs of – it is not going to help, it really won't.” N.S., though unbeknownst to her at the time, had just pushed up against one of the most strongly held beliefs of our legal system – that faces ought to be visible in court and that credibility could be determined by observing a . . . [more]

The legal team for Omar Khadr announced yesterday that they intend to appeal his plea bargain before the military commission at Guantanamo Bay. Khadr is currently serving out his eight-year sentence at Millhaven Institution near Kingston, Ontario. Khadr is eligible for parole this summer.

The appeal would be to an American domestic court, the U.S. Court of Appeals for the District of Columbia Circuit, and if successful would result in Khadr being released immediately. The international transfer agreement under which Khadr was moved to Canada would no longer require his detention.

Khadr's guilty plea on October 25, 2010 included a confession to killing American Sgt. . . . [more]

The office of the Chief Justice of Canada issued the following press release April 26, 2013:

FOR IMMEDIATE RELEASE

The Supreme Court of Canada conducted a thorough review of its records and it does not have any documents relevant to the alleged communications by former Chief Justice Bora Laskin and former Mr. Justice Willard Estey in relation to the patriation of the Constitution of Canada. This concludes the Court’s review.

===============================

POUR DIFFUSION IMMÉDIATE

La Cour suprême du Canada a complété un examen exhaustif de ses dossiers. Ceux-ci ne contiennent aucun document au sujet de communications que l’ancien juge en . . . [more]

Beginning September 2, 2013, foreign nationals applying for Canadian visas from countries such as Haiti, Jamaica, Saudi Arabia, Albania, Afghanistan, Sudan, Syria, Columbia, Burma, Egypt, Yemen and Pakistan, will undergo mandatory fingerprinting and digital photo collection at new visa application centres being established by Canada overseas. Citizenship and Immigration Canada has indicated that the new measures are necessary because of a "rise in global identity fraud" and technological innovations that "make it easy to steal, forge or alter identity documents."
. . . [more]

Very shortly, at 7 pm ET, a presentation on Orphan Works and Digital Libraries will be live-streamed. The stream will be available at http://tfisher.org/hls1x-copyright.html.

For later viewing, the presentation and discussion will be archived in about a week at http://cyber.law.harvard.edu/people/tfisher/CopyrightX_Events_2013.htm.

The speakers are top-notch: Brewster Kahle, John Palfrey, and Robert Darnton. It seems likely their discussion will be set in the context of the Digital Public Library of America, which launched last week, and with which all are connected. Copyright themes likely will focus on US law.

More information on the DPLA is . . . [more]

In excess of 15% of the population of Manitoba face barriers to their full participation in the activities of daily living, according to recent estimates.  Addressing and removing these barriers is the purpose of Bill 26, Manitoba’s proposed Accessibility for Manitobans Act, introduced in the Legislature today.

This legislation has been in the works for some time. In its November 2010 Discussion Paper for Made in Manitoba Accessibility Legislation the government stated that:

“The proposed legislation will provide for a long-term, systematic and proactive approach to dealing with accessibility issues for seniors and persons with disabilities. With this approach,

. . . [more]

Recently a precedent setting family law case involving a sperm donor claiming to be a parent of a child born to lesbian mothers was settled out of court. Not unlike many non-traditional families the women in this northern Ontario case conceived a child by way of donor sperm, but precedent setting in that the sperm donor applied to the courts to be declared a parent and for liberal access rights to the child.

Settling out of court is great for the parties involved who got to determine the details of their settlement agreement and put an end to long and . . . [more]

Slaw readers might like to take a look at Senate bill S-7, the Combating Terrorism Act, now before the House for third reading, a bill that proposes to abridge our civil liberties to a degree. As is often the case with bills the main purpose of which is to amend existing legislation, the text of the bill itself is nearly incomprehensible on its own unless you're familiar with the relevant area of law.

The Globe and Mail has an article in this morning's paper that will give you a brief sense of the bill's main incursions into your Charter . . . [more]