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Archive for ‘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

Ontario Ministry of Labour Squeezed Between McNeil Duty and Inspector Privacy Rights

The Grievance Settlement Board’s March 28th privacy award made for some sensational headlines that decried the Ontario Ministry of Labour’s disregard for occupational health and safety inspector privacy by undertaking CPIC checks without consent. The headlines do not do justice to the difficult and significant issue dealt with in the award that relates to the MOL’s obligation to disclose information about inspectors pursuant to the Supreme Court of Canada decision in R. v. McNeil.

The Supreme Court issued McNeil in January 2009. The Court held that the Crown is not a single entity for the purposes of its prosecutorial . . . [more]

Posted in: Substantive Law: Judicial Decisions

SCC Decision in Fraser v. Ontario

The Supreme Court of Canada released the much anticipated decision in Ontario (Attorney General) v. Fraser this morning.

The majority held that the Agricultural Employees Protection Act, 2002, (“AEPA”) which excluded agricultural workers from the Labour Relations Act (“LRA”) following Dunmore v. Ontario (Attorney General), 2001 SCC 94, [2001] 3 S.C.R. 1016 did not violate s. 2(d) of the Charter. . . . [more]

Posted in: Substantive Law: Judicial Decisions

Domain Names – How to Get Them Back

The Ontario Superior Court recently released a judgment about recovering domain names, South Simcoe Railway Heritage Corporation v. Wakeford 2011 ONSC 1234, in this case a .com name rather than .ca domain name.

Someone who had been active in a voluntary organization registered a domain name for the organization and later transferred it into his own name. He also changed all the registration information settings to private so no one, including the organization, could track who was responsible for the site.

The plaintiff organization brought actions in ‘detinue sur trover’ (a new cause of action for me after all . . . [more]

Posted in: Substantive Law: Judicial Decisions, ulc_ecomm_list

British Columbia’s Civil Liberties Association Files Lawsuit Challenging Laws Against Euthanasia and Assisted Suicide

While Quebec is consulting and holding public hearings on euthanasia and assisted suicide, on April 26, 2011, British Columbia’s Civil Liberties Association (BCCLA) and three other plaintiffs filed a lawsuit in BC’s Supreme Court challenging Canada’s Criminal Code provisions against euthanasia and assisted suicide.
Posted in: Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation