archive for the ‘Substantive Law’ category



A Judicial Finger Wag

by Omar Ha-Redeye

Wednesday, February 8th, 2012

Here is what Justice Corbett of the Ontario Superior Court of Justice had to say recently in Sri Guru Nanak Sikh Centre Brampton v. Dhadda,… [more]
[1] It is not open

Here We Go … Again?

by David Cheifetz

Wednesday, February 8th, 2012

The Supreme Court is scheduled to hear the appeal in Clements (Litigation Guardian of) v. Clements, 2011 BCCA 581, reversing 2009 BCSC 112;… [more] leave to appeal granted 2011 CanLII

The Courts and Social Media

by Simon Chester

Monday, February 6th, 2012

Library Boy told us last year about some tentative steps that courts were making to embrace – or to sniff around tentatively – the whole subject of social media. Today's… [more]

Information Requests From Public Bodies

by Omar Ha-Redeye

Sunday, February 5th, 2012

What is the responsibility of a public body to notify a third-party when a request for information is made? The Supreme Court of Canada considered this question in Merck Frosst … [more]

Can a Google Search Suggestion Be Defamatory?

by John Gregory

Friday, February 3rd, 2012

The Paris court of appeals has decided that a suggested search query generated by the Google Suggest function defamed the company whose name was first entered into the search box. This feature works by… [more]

Quebec Bar Association Presents First Report Card on Rule of Law

by Michel-Adrien Sheppard

Thursday, February 2nd, 2012

The Quebec Bar Association last week published its first annual report card on the rule of law in the province, or Bilan de l’état de droit au Québec… [more] (in French

Privacy Commissioner Explains Problems With Proposed Lawful Access Law

by David Canton

Wednesday, February 1st, 2012

With Parliament back in session, we are seeing more attention on the proposed "lawful access" legislation. There is good reason for that. Many of us believe the proposed legislation is… [more]

Right-to-Work Legislation

by Geneviève Lay

Tuesday, January 31st, 2012

The state of Indiana may soon become the 23rd state in the US to adopt right-to-work legislation. With the Senate Committee having already passed the Bill, it will go to the… [more]

The House of Commons Returns Today

by Connie Crosby

Monday, January 30th, 2012

After a 6 week break the Members of Parliament return to Ottawa today starting at 11 am ET. The Projected Order of Business mentions resumption of the debate over Bill… [more]

Fair Use in the U.S. Copyright Act – Analysis and Interpretation

by Lesley Ellen Harris

Sunday, January 29th, 2012

Fair use (s. 107) is an intentionally drafted ambiguous provision in the U.S. Copyright Act for the purpose of defending users of copyright works from a variety of otherwise infringing… [more]

Prisons as a Dumping Ground for Mental Health

by Omar Ha-Redeye

Sunday, January 29th, 2012

Steven Slevin had a lifelong history of mental illness. On August 24, 2005, Slevin was charged with driving while intoxicated and receiving or transferring a stolen vehicle, and checked into the… [more]

US Supreme Court Approves Copyright of Works in Public Domain

by Simon Fodden

Thursday, January 26th, 2012

Globalization takes its toll. This time the toll is to be paid by Americans who want to use works that had, according to US law at the time, entered the… [more]

SlawTips      

SlawTips Top 10 Financial Errors: #9 Avoid Having a Written Office-Sharing or Partnership Agreement
Thursday, February 9

Max Amsterdam once said: “Business is the art of extracting money from another man’s pocket without resorting to violence.” The purpose of having a written agreement between all … »»

Practice

SlawTips Open Access Journals
Wednesday, February 8

There is good leagal content that doesn’t necessarily come in the neat packages that we usually look in.  Though our commercial legal database subscriptions have linked, vetted, edited, and easily. […] »»

Research

SlawTips Use join.me to Get on the Same Page Across the Web
Wednesday, February 8

When you need to collaborate on a document displayed on your screen, it’s great to have a colleague from down the hall come into your office and look over your … »»

Technology

noted on Slaw    

MLB Selected Case Summaries    

These summaries of selected recent cases are provided each week to Slaw by Maritime Law Book.
More information.

  • Banks and Banking - Liability of banks to third parties - Negligence - General

    The plaintiffs were the former shareholders of a company that failed. They sued the defendant bank alleging that it breached its contract with the company and the plaintiffs and breached a duty ...

  • Actions - Cause of action - General principles - New or extended cause of action - Opening of floodgates

    The plaintiff and defendant worked at different branches of the same bank. The defendant’s common-law husband was the plaintiff’s ex-husband. Over a four year period, the defendant ...

  • Aliens - Definitions and general principles - Immigration consultants

    The Canadian Society of Immigration Consultants (CSIC) had been designated as the sole regulatory body of immigration consultants in Canada from 2004 until June 2011. On June 30, 2011, Bill C-35 came into force, which significantly amended ...

  • Criminal Law - Sexual offences, public morals and disorderly conduct - Public morals - Obscenity - Possession of child pornography

    The accused was convicted of making child pornography available and two counts of possession of child pornography (see [2010] Sask.R. Uned. 197). Subsequently, he was sentenced ...

  • Criminal Law - Procedure - Charge or directions - Jury or judge alone - Directions regarding pleas or evidence of witnesses, co-accused and accomplices

    Rowe was convicted by a jury of five offences. He appealed.

    The Ontario Court of Appeal allowed ...

  • Narcotic Control - Offences - Possession - General

    The accused wished to access marijuana for medicinal purposes but did not have an authorization to possess marijuana issued under the Marihuana Medical Access Regulations. He was notified that a package of marihuana addressed to him had been ...

  • Narcotic Control - General - Legislation - Exemptions - Medicinal marijuana

    McCrady, who had an application pending under the Marihuana Medical Access Regulations (MMAR) to possess and grow marijuana, was convicted of possession of marijuana (Controlled Drugs and Substances Act (CDSA), s. 4(1)). Hearn pleaded guilty ...

  • Criminal Law - Sentence - Trafficking in hashish or marijuana (incl. possession for purposes of trafficking)

    The accused pleaded guilty to one count of possession of marijuana for the purpose of trafficking. He was sentenced to 30 days’ imprisonment to be served intermittently and 11 months’ ...

  • Municipal Law - Powers of municipalities - Particular powers - Imposition and collection of taxes or fees 

    Catalyst Paper Corp. operated a paper mill in the District of North Cowichan. Catalyst objected to the tax rate that it paid compared to residential ratepayers. In 2009, the ...


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