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archive for the ‘Substantive Law: Judicial Decisions’ category
SCC Confirms That ISPs Are Not Broadcasters
by Simon
Chester
Thursday, February 9th, 2012
This morning in a brief decision Canada's top court ruled in a Reference that Internet service providers are not bound by the CRTC's broadcast regulations
The judgment is so brief… [more]
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
Factual Causation: 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]
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]
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]
English news sources reported yesterday that a three-judge panel of the High Court found Theodora Dallas, until recently a university lecturer in psychology, guilty of contempt of court and sentenced… [more]
Canada's Public Nudity Law Upheld
by Yosie
Saint-Cyr
Thursday, January 19th, 2012
One year ago I wrote about Brian Coldin, a naturist and owner of a nudist resort in Barrie, Ontario, who was charged with three counts of being nude in a… [more]
Tort of Invasion of Privacy in Ontario
by Omar
Ha-Redeye
Wednesday, January 18th, 2012
Summary
Historically actions around privacy stemmed from concepts of trespass in the common law, and were only recognized as cearly actionable where stipulated by statute. An Ontario Court of Appeal… [more]
Anti-Spam Law Musings
by David
Canton
Wednesday, January 4th, 2012
Pending legislation always makes good fodder for lawyers to comment on in annual predictions articles. The pending anti-spam legislation has resulted in several such comments.
In my predictions article scheduled… [more]
When the Ontario Superior Court of Justice released the decision in Kusnierz v. The Economical Mutual… [more], the Law Times described it as raising the "ire of plaintiffs’ bar." Justice Lauwers'
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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 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 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
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Available online today are four new chapters of the publication Women in Canada: A Gender-based Statistical Report, which explores the socio-demographic and economic circumstances of Canadian women in general.
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The bill amends the Constitution Act, 1867 by readjusting the number of members and the representation of the provinces in the House of Commons.
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Blueseed plans to buy a ship and turn it into a floating incubator anchored in international waters off the coast of California.
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Under Prime Minister Stephen Harper, the flow of information out of Ottawa has slowed to a trickle.
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"…the IPC has exclusive jurisdiction to decide whether a record is in the custody or control of a university in the context of an access request…"
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John J.L. Hunter, Q.C. of Vancouver has been elected President for 2011-2012
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Detailed results from 321 members.
These summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. More information.
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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’ ...
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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 ...
This is a listing of a few upcoming events in Canada of interest to lawyers, law students, legal librarians, and others involved in the practice of law.
Clicking on any event in the list below will give you access to more information and to links allowing you to see the full entry and to add the event to your own calendar.
Click this link for a fuller version of the TalkLaw/ParLoi calendar of events and for instructions as to how to add events and calendars to your own calendar.
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