Archive for ‘Substantive Law: Judicial Decisions’
In five days, Justice Clément Gascon of the Cour d’Appel will assume Justice Fish’s seat on the Supreme Court.
The announcement from the Prime Minister’s office is terse:
. . . [more]
« Je suis ravi d’annoncer la nomination de M. le juge Clément Gascon à la Cour suprême du Canada. M. le juge Gascon, qui siège actuellement à la Cour d’appel du Québec, possède un important bagage d’expérience et de connaissances juridiques dont profitera grandement cette importante institution canadienne. Sa nomination survient au terme de vastes consultations menées auprès d’éminents membres du milieu juridique du Québec. » –
Three delightful legal curios remind us that when neighbours fall out, balance and judgment cascade out the window – or are defenestrated.
Let’s start with Monsieur Proust – who was sensitive beyond sensitivity. Yet even a cork-lined writing room couldn’t shield him from shoes on wooden floors and thin walls, from the harp-playing wife of an American dentist, Marie Williams.
Gallimard published the recently found letters as an epistolary novel, Lettres à sa voisine, last year. The catalogue descibes it thus::
. . . [more]
«C’est un vrai petit roman, fondé sur une surprise : la découverte de ces vingt-trois lettres
Twenty-month old Jaylene Redhead was killed by her mother on June 29, 2009 while both were resident in a second-stage housing facility in Winnipeg. Jaylene had been apprehended from her mother’s care at birth by Awasis Agency of Northern Manitoba but had been returned to her mother’s care at the Native Women’s Transition Centre in the months before her death.
The Inquest Report of Judge Lawrence Allen into her death, released May 23, reveals the awful details of this child’s short life. The inquest was called in 2011 under the provisions of Manitoba’s Fatality Inquiries Act to:
- inquire into the
The Supreme Court of Canada decision in McCormick v. Fasken Martineau DuMoulin LLP, mentioned recently by Simon Chester, will have implications beyond just how human rights legislation applies to mandatory retirement provisions in partnership agreements. Because such provisions will be upheld, firms can be expected to include and rely on them further, and the baby boomer population of lawyers who are quickly approaching retirement age may now expect a forced retirement from partnership.
By some weird synchronicity, the Supreme Courts in both the United Kingdom and Canada in the last 24 hours have considered the nature of partnerships and the extent to which employment law protections also applied to partners.
Yesterday’s decision in Clyde & Co LLP and another (Respondents) v Bates van Winklehof (Appellant)  UKSC 32 held that a junior partner (unhelpfully called an Equity Partner) in a London firm was protected by the whistle-blowing protections of the Employment Rights Act 1996. She had been involved in a rather dubious file in Tanzania and reported to the firm’s money laundering reporting . . . [more]
Speaking of media neutrality … a US judge has ruled that a search warrant served on Microsoft in the US required the company to divulge records stored on servers outside the US. An account of the decision is here.
The company argued that the court could authorize a search only of premises within the territory of the court’s jurisdiction. The court held that a search warrant that applied to electronic records was in the nature of a subpoena as well as a search warrant. Since MS had control of the documents, it had to turn them over.
Does this . . . [more]
Five and a half years ago, I wrote a comment on Slaw questioning why the Canada Elections Act precluded most non-resident Canadians from voting. The prohibition bothered me on a very personal level: I had many Canadian friends and acquaintances living abroad long-term, who almost without exception felt closely connected to Canada and invested in its future. Moreover, the ban was plainly inconsistent with the Charter, it lacked any clearly articulated justification, and it had been widely criticized. Yet no one seemed particularly moved to do much about it.
Well, I’m happy to admit I was mistaken. Someone did . . . [more]
On April 9, 2014, the Quebec Superior Court ruled that businesses in the province of Quebec may continue to display their trademarks on public signs outside their premises in a language other than French if no French version of the trademark has been registered.
Facts of the case
On November 13, 2011, during an enforcement campaign called “Une marque de respect de la loi” (A sign of respect for the law), the Office québécois de la langue française (OQLF) took the position that the trademark exception found in the Charter of the French Language (loi 101) does not . . . [more]
In a rather strange case, the plaintiff alleged that the defendants sold the plaintiff a commercial property that was haunted. The plaintiff alleged that this constituted a latent defect in the property which the defendants knew about and concealed from the plaintiff.
The plaintiff’s lawsuit was based solely on a newspaper article in which a director of one of the defendants was quoted as saying that the property in question was haunted.
Oddly, the plaintiff’s representative testified that he had never seen a ghost, did not believe there was a ghost and that all conversations about the property being haunted . . . [more]