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Archive for ‘Substantive Law: Judicial Decisions’

An Employer’s Right to Free Speech

As many of you know, the right to freedom of expression is firmly entrenched in both our charters and human rights acts.

The Québec Labour Code contains a sections which have been held in the past to legitimately restrict an employer’s right to full and freely express his or her opion. This is particularly the case with regard to sections 12 and 13 of the Code by which an employer is prohibited from interfering in the activities of a union and/or intimidating employees regarding their union activity. Recently, some commissioners from the Québec Commission des Relations du Travail has taken . . . [more]

Posted in: Substantive Law: Judicial Decisions

Reporting of Critical Injury or Fatality of a Non-Worker: The Blue Mountain Case

A guest drowns in the hotel pool. Does the hotel need to report the fatality to the Ontario Ministry of Labour under subsection 51(1) of the Occupational Health and Safety Act? According to a decision by the Ontario Labour Relations Board (OLRB), the answer is “yes”.
Posted in: Substantive Law, Substantive Law: Judicial Decisions

Disgruntled Former Worker Who Hijacked Network Must Pay City $1,485,791

In April 2010, Terry Childs, a former IT employee with the City of San Francisco was sentenced to four years in prison for blocking access to the city’s network (which he designed) and refusing to turn over the passwords. It took Childs...
Posted in: Substantive Law, Substantive Law: Foreign Law, Substantive Law: Judicial Decisions, Technology

Toronto Civil Court Lists Available

Forgive me, please if this is a tad parochial, but yesterday the Toronto Civil Court Lists were made available on the Internet

The Toronto Lawyers Association announced that working with Regional Senior Justice Ed Then, and his Court staff they have finally secured for the benefit of the profession internet access to the Toronto Civil Court lists.

They should be available here. They undertake to post the next day’s list by 5 pm each day (the lists are subject to change).

Currently they have Trials, Pre-Trial & Case Conferences, Motions and Masters’ Motions available. Soon they hope . . . [more]

Posted in: Legal Information: Information Management, Substantive Law: Judicial Decisions

Crimes of (Unconscious) Passion

Today’s release from the Supreme Court of Canada, R. v. J.A., 2011 SCC 28 is a real head-scratcher. The facts are both titillating and fascinating.

J.A. and his long time partner, K.D. were a sexually explorative adult couple. On several prior occasions they had experimented with the delicate art of erotic asphyxiation — in which one partner chokes the breath out of the other to heighten the sexual pleasure associated with a lack of oxygen to the brain. Now, during my recent trip to Ecuador’s Cotopaxi Glacier 5000 metres above sea level I don’t recall any sexual stirrings as my . . . [more]

Posted in: Substantive Law, Substantive Law: Judicial Decisions

Charter of the French Language

I attended a training last week on the Charter of the French Language (“Charter”), also known as Bill 101, a provincial law that has provoked a lot of reactions in the past from both ends of the spectrum.

This legislation was first adopted in 1977 under the Parti québécois’ first mandate. However, it is incorrect to think that the issue of language only became important at this point in Quebec’s modern history. Bill 63 or An Act to promote the French language in Quebec, passed in 1969 and Bill 22 or the Official Language Act, passed in 1974, . . . [more]

Posted in: Miscellaneous, Substantive Law: Judicial Decisions

Reverberations for Real Estate Agents

What is the duty of a real estate agent to verify the information provided by the vendor of the property to prospective purchasers?

In this space I frequently moan about the danger of mediation stemming the flow of judicial precedent, but here is a nice legal question answered by the Court of Appeal for Ontario this month.

The property was a residential home with significant structural and plumbing problems.

The agent, who acted for both the purchaser and the vendor, became the meat in the sandwich.

The purchaser sued the agent for failing to advise the purchaser to obtain professional . . . [more]

Posted in: Substantive Law: Judicial Decisions

The Social Media Election?

A simple question for Slaw-yers: was #Elxn41 the “Social Media Election”?

The term was tossed about during the campaign with conjecture on how social media would impact the election; so now that the election is over and we have had some time to reflect, was it the “social media election”? I am unsure, but my inclination is that it was not. Primarily because I did not see a lot of content generated specifically for social media, nor have I observed an impact that can be attributed to social media. I saw of lot of content generated in a traditional fashion . . . [more]

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

Two New Ontario Vacancies on SCC – Justices Binnie and Charon to Step Down


OTTAWA, May 13, 2011 – The Right Honourable Beverley McLachlin, Chief Justice of Canada, announced today that Justice Ian Binnie and Justice Louise Charron have written to the Minister of Justice, the Honourable Robert Nicholson, to inform him that they will retire from the Supreme Court of Canada. Justice Charron’s retirement will be effective August 30, 2011. Justice Binnie’s retirement will take effect upon the same date or, if there is a delay in the nomination process, so soon thereafter as his replacement is appointed. The Judges Act provides that a judge of the Supreme Court of . . . [more]

Posted in: Miscellaneous, Substantive Law: Judicial Decisions

The Claude Robinson Case – a Cause Célèbre in Plagiarism

I don’t know how many lawyers outside of Quebec know about this cause célèbre in plagiarism. Claude Robinson, a screenwriter and illustrator, has been fighting for the last 16 years against the television production company Cinar and others for plagiarizing his ideas and depriving him of his copyright on the television series Robinson Sucroë. So far this case has cost Robinson $2.4 millions dollars in lawyers’ fees. However, Mr. Robinson’s law firm, Gowlings Lafleur Henderson, has agreed to postpone their honoraries until the end of the legal proceedings.

Robinson Sucroë is an animated Franco-Québécois television series, created by . . . [more]

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

USA vs. Khadr – Judicial Quote of the Decade

We haven’t talked much about the killing of Osama bin Ladin here on Slaw, and there is considerable debate in international law over it. Contrary to what Jonathan Kay has said in the National Post, international law is still relevant, and even more so when the tables are switched.

Although it was completely unplanned, the Ontario Court of Appeal released a timely decision on Friday in United States of America v. Khadr dealing not with the more infamous Omar Khadr, but his brother, Abdullah Khadr, on extradition proceedings seeking to have him turned over to the United States.

In . . . [more]

Posted in: Substantive Law: Judicial Decisions