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Archive for ‘Substantive Law: Judicial Decisions’

The Facebook Lawsuits

The United States Ninth Circuit Court of Appeal released its decision on Monday in FACEBOOK v. CONNECTU, INC., dismissing the claims of the Winklevoss twins, who wanted to renege on a cash and stock settlement deal with Facebook founder, Mark Zuckerberg.

The twins claim that Facebook hid information from them during settlement negotiations, estimated at $65 million. They are depicted in the 2010 Hollywood movie, The Social Network. . . . [more]

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

Amending Claims During Ongoing Mediation

The recently released case by Justice Guy DiTomaso in Kohl v. ING Insurance Company of Canada, 2011 ONSC 2138, discusses the ability to amend a claim while arbitration is still pending.

The Plaintiff, Roy Kohl, was involved in a car accident when his car hit a brick wall on October 18, 2005. Ian Hu of Oatley Vigmond LLP commenced an action on his behalf for accident benefits and damages for bad faith and mental distress on December 10, 2008 against his insurer, ING Insurance Company of Canada, represented by Deborah Neilson of Carroll Heyd Chown. . . . [more]

Posted in: Substantive Law: Judicial Decisions

Class Action Against Facebook Dismissed in Quebec

A number of Facebook users in Quebec tried to begin a class action against FB for alleged infringements on their privacy. A Quebec court has now refused certification as a class action and dismissed the case: St Arnaud c. Facebook Inc. 2011 QCCS 1506.

One ground for dismissal was that FB users sign an agreement that all disputes must be adjudicated in Santa Clara County, California.

A more interesting element of the decision was that the ‘contract’ with FB was not a consumer contract within the meaning of Quebec law, since there was no payment and no obligation on . . . [more]

Posted in: Substantive Law: Judicial Decisions, ulc_ecomm_list

Privacy and Driver’s Licenses and License Plates

Various Canadian Privacy Commissioners have taken the position that car license plate numbers are personal information, and thus subject to privacy legislation. That comes up, for example, in the context of Google street views, where Google has been told they must blur license plate numbers. 

Various Privacy Commissioner decisions have also limited the use of driver’s license information. For example, a store may ask to see a driver’s license as identification for someone returning a purchase as a fraud prevention measure, but the store is only supposed to look at it, not record the information on it.

Those principles are . . . [more]

Posted in: Substantive Law, Substantive Law: Judicial Decisions

Judge Chin Rejects Settlement in Google Books Litigation

The long-awaited decision of Judge Denny Chin was released yesterday. The court rejected the settlement because it is not fair, adequate and reasonable. There will undoubtedly be much written on the decision and predictions on what happens next. For some preliminary thoughts, see posting by Professor Kenneth Crews and read Judge Chin’s decision. . . . [more]

Posted in: Substantive Law, Substantive Law: Judicial Decisions

An Exciting Day at the Ontario Superior Court

By the judge’s own admission, February 24, 2011 was an exciting day at the Superior Court of Justice in St. Catherine’s, Ontario. J.W. Quinn J. stated in the costs decision released March 2, 2011 in Pirbhai v. Singh,

[1] This is an exciting day (and excitement does not often make it to my end of the courtroom). It marks the final chapter (at least at the trial stage) of the now-tiresome 12-year tale of what will be, by paragraph [134] of these Reasons, the most expensive Lexus motor vehicle in the world.

The costs decision deals with legal issues . . . [more]

Posted in: Substantive Law: Judicial Decisions

When in Rome

or, in this case, British Columbia.

The BCCA decision in Clements (Litigation Guardian of) v Clements 2010 BCCA 581, reversing 2009 BSCS 112, implicitly points to a potential source of public unhappiness with the Canadian legal system, because of Tolofson v. Jensen [1994] 3 S.C.R. 1022, the Constitution Act, 1867′s s. 92 provision that property and civil rights are a provincial jurisdiction, and inter-provincial mobility, combine to mean that it’s likely enough that accidents occurring in BC will injure Canadians (and others) who aren’t residents of BC.

Ms. Clements was very badly injured in a motor vehicle accident. . . . [more]

Posted in: Substantive Law, Substantive Law: Judicial Decisions


If you have been to Halifax, then you have seen the Citadel. The Halifax Citadel is a rather distinguishing feature of the capital of Nova Scotia, in fact it would be safe to say that the existence of the Citadel was the reason for the creation of the municipality known as Halifax. Technically; however, the citadel does not belong to Halifax, it is federal land, specifically a national historic site. Therein, lies the crux of a long simmering dispute between the Halifax Regional Municipality and the Federal Government that is heading to the SCC.

In short, the municipality feels . . . [more]

Posted in: Substantive Law: Judicial Decisions, Substantive Law: Legislation

The Prosecutor’s Job Is*

Consider this from the just released R v White  2011 SCC 13 at para. 133 per Binnie J, dissenting (McLachlin CJ and Fish J concurring)

  • [133] Yet experience has shown that prosecutors will occasionally put forward as evidence of guilt, post-offence conduct that is essentially equivocal — such as the accused’s strange behaviour when first spoken to by the police or the fact he failed to render assistance to the victim. Even where considered of some slight probative value in relation to an issue in the case, its persuasive value in the hands of a skilled prosecutor may create unfair
. . . [more]
Posted in: Substantive Law, Substantive Law: Judicial Decisions

Three Cheers for S. 99(2) of the Constitution Act

Happy Seventy Fifth Birthday to Justice Antonin Scalia, whose recent peevish dissents are discussed in a recent blog post from the NYT.

Had he been north of the border, he would have been packing his bags, just after blowing out the candles.

(2) A Judge of a Superior Court, whether appointed before or after the coming into force of this section, shall cease to hold office upon attaining the age of seventy-five years, or upon the coming into force of this section if at that time he has already attained that age.

. . . [more]
Posted in: Miscellaneous, Substantive Law: Foreign Law, Substantive Law: Judicial Decisions

Federal Government Loses National Securities Act Reference in Alberta Court of Appeal

In a decision just now handed down, the Alberta Court of Appeal has ruled against the federal government in Reference re Securities Act (Canada), 2011 ABCA 77. The main question put to the court by the government of Alberta was as follows:

1. Does the Parliament of Canada have the legislative authority under the Constitution Act, 1867:
(a) to pass sections 295, 296 and 297 of the Budget Implementation Act, 2009 S.C. 2009, c.2,
(b) to pass legislation that is co-extensive in substance with the Alberta Securities Act and similar to the draft Securities Act appended to the

. . . [more]
Posted in: Substantive Law: Judicial Decisions