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Archive for ‘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

Employer Monitoring Employees With GPS Tracking

In a recent training session I attended, I was surprised to hear how many of the participants indicated that, to control business-related driving hazards, they use global positioning systems, or GPS, to help keep track of their employees, whether using an employer-provided vehicle or personal vehicle.
Posted in: Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

BC Judge’s Reasons for Judgment: “What He Said.”

The British Columbia Court of Appeal (Cojocaru v. British Columbia Women’s Hospital and Health Center 2011 BCCA 192) has overturned — 2-1 –the ruling of a judge whose written reasons for judgment:

. . .cannot be considered to represent his reasons, do not meet the functional requirement of public accountability, and do not allow for meaningful appellate review.

The judge in question adopted 321 paragraphs of his 368 paragraph judgment “almost word-for-word” from the respondent’s written closing submissions and did not acknowledge the borrowing.

It’s by no means unheard of for judges to adopt counsel’s written submissions as . . . [more]

Posted in: Substantive Law: Judicial Decisions

Securities Regulation Reference Case Materials Available on Supreme Court of Canada Website

The Supreme Court has wrapped up its two-day hearing into the federal government’s request that the Court rule on the constitutionality of proposed legislation to create a national securities regulator.

Appeal courts in Alberta and Quebec have ruled that the proposal would violate the Constitution because it would intrude on provincial powers.

The facta of all the parties and intervenors of the case are available on the Court’s website.

As well, the hearings were broadcast via webcast and the webcasts are archived.

The Department of Finance has posted background material on the issue, as well as links to . . . [more]

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

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