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Archive for ‘Substantive Law: Judicial Decisions’

Litigation & Bankruptcy Services From CourtCanada.com

While on Twitter I recently came across Mari Moreshead who does “client services and community management” for CourtCanada.com. I had never heard of CourtCanada and so checked their website and asked if I might interview her for the purpose of reporting back to Slaw readers.

CourtCanada was started in 2006 by former bankruptcy lawyer Gregory Azeff who is the company’s President and Chairman of the Board of Directors. CourtCanada is currently comprised of two services:

InSolve – a bankruptcy case management system, first beta tested in February 2007 and released in final version January 2008. For cases in the . . . [more]

Posted in: Legal Information, Legal Information: Information Management, Legal Information: Libraries & Research, Legal Information: Publishing, Substantive Law, Substantive Law: Judicial Decisions, Technology

To Publish – or Not Publish – Judgments

At Slaw we’ve referred from time to time to the practice in some US courts of declining any precedential value to cases.

This week’s Minnesota Lawyer brings the debate into sharp focus with discussions of a recent case that appears to have been buried, despite its value. The case involved whether punitive damages could be awarded in defamation cases.

In Canada, the proliferation of electronically accessible case law of dubious value makes one nostalgic for the days when a stroke of the DLR editor’s pen could consign such case law to non-existence. . . . [more]

Posted in: Legal Information, Legal Information: Publishing, Practice of Law, Substantive Law: Judicial Decisions

The Editing of Reasons for Judgment Post-Release

There’s a possibly apocryphal story of Lord Denning MR changing his mind on who won an appeal after the judgment had been released to the WLR so that the WLR version has the plaintiff winning 2-1 while the All ER version had the defendant winning 2-1. [Challenge to those who have free access to Lexis – was there such a case?]

But this week’s Lawyer’s Weekly refers to a case being redacted by the Supreme Court of Canada after it had been released. The deletion was a reference to the Federal Government’s withdrawal from the Charter Challenges programme.

The counsel . . . [more]

Posted in: Practice of Law, Substantive Law: Judicial Decisions

SCOTUS to Hear Argument on Indecent Words

On Tuesday of this week, while the rest of the United States is going to the polls, the U.S. Supreme Court will hear argument in Federal Communications Commission v. Fox Television Stations, et al.. (The docket # is 07-582 but the link generated by the U.S.S.C. site is currently giving a 404 error.) This case has its recent origins in the reaction to a few television broadcasts in which performers used profanity, particularly, variations on the word “fuck.” The F.C.C. had a rule permitting “fleeting expletives,” which rule was changed in 2003 to forbid any use of certain words . . . [more]

Posted in: Substantive Law, Substantive Law: Judicial Decisions

Ontario Proposes Amendment to Limitations Period on Demand Loans

Schedule L of Bill 114 in Ontario, if passed, will effectively over-rule the Ontario Court of Appeal decision in Hare v Hare. The Bill will amend the Limitations Act, 2002, by tying the limitation period to the date of default under a demand loan rather than the date of the loan. The Ontario Bar Association discusses this issue in its October 28th e-newsletter. . . . [more]

Posted in: Legal Information: Libraries & Research, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Linking Isn’t Publication

Here is a link to a useful decision from the BC Courts yesterday which confirms what we always thought was the case: that linking to allegedly defamatory material does not constitute republication so as to expose the linking site to liability in defamation.

Good to have this confirmed. . . . [more]

Posted in: Substantive Law, Substantive Law: Judicial Decisions

Case Law Demonitized – Free at Last.

The significance of the offer by Maritime Law Book of free access to its collection of over 215,000 cases under the name “Raw Judgments” has not yet been given the attention it deserves in the world of Canadian legal information as a portent of things to come.

Eric Appleby, the founder of Maritime Law Book, has long been a leading innovator in Canadian legal publishing, from the launch of the New Brunswick Reports, to the creation of a national jurisdictional law reporter system in print and online, to the introduction of the MLB Key Number System. Based on his track . . . [more]

Posted in: Legal Information, Legal Information: Libraries & Research, Legal Information: Publishing, Reading, Substantive Law: Judicial Decisions

House of Lords, Shari’a Law and the Grant of Asylum

The House of Lords has just released a judgment, Em (Lebanon) (Fc) (Fc) v. Secretary of State For The Home Department [2008] UKHL 64, of some interest.

A mother and her seven-year-old son from Lebanon sought asylum in the U.K., claiming a right to remain under article 8 of the European Convention on Human Rights read in conjunction with article 14. She had been granted a divorce from her husband in Lebanon and had actual custody of their child; when the boy would turn seven, Shari’a law would automatically pass all custody, legal and actual, to the father; . . . [more]

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

SCC to Rule on Whether Licences Are “property”

Tomorrow morning, the Supreme Court of Canada will, finally, release its judgment in Saulnier v. Royal Bank of Canada. The case concerns whether a government-issued licence – in this case, a fishing licence – can be treated as a form of intangible “property” for purposes of the Personal Property Security Act and the Bankruptcy and Insolvency Act.

This case has the potential to be quite significant. The traditional common law position, represented by cases such as National Trust v. Bouckhuyt (1987), 61 O.R. (2d) 640 (C.A.), was that a discretionary licence issued by a government body grants a mere . . . [more]

Posted in: Substantive Law, Substantive Law: Judicial Decisions

Word Processors Won’t Help in Court

That’s the title of my latest London Free Press article. I thought Slaw readers might find the article interesting. Since my arrangement with the newspaper does not allow me to republish it for a period of time anywhere but on my own blog, you can read it on my blog, or on the Free Press site, or on the Canoe technology news page (although this weeks article is not yet there at the time I write this.)

The gist of the article is that a UK judge was very critical of the drafter of an agreement, accusing him/her . . . [more]

Posted in: Substantive Law, Substantive Law: Judicial Decisions

Publication Bans in the Era of Online Information

The website of the Ministry of the Attorney General for Ontario includes an interesting discussion of publication bans in Ontario, but really misses the point when it comes to the distribution of court judgments and publication bans in the era of online distribution and access to legal information.

Publication bans are described on the website as “an exception to the constitutional right of the media to publish information about court cases”. The website goes on to say that publication bans may be necessary in certain cases “to protect the fairness and integrity of the case, the privacy or safety of . . . [more]

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

Will Old Law Reports Ever Die?

From the earliest days of online legal research, the death of the traditional law report in print was predicted. Online access to cases would make print unnecessary. In the paperless world that was imminent, there would be no need for the traditional law report. Storage problems for sets of law report series would be eliminated and the cost of searching cases would be greatly reduced.

That was the vision for online legal research in 1973 when Lexis Nexis and Quicklaw pioneered in offering commercial online access to case law. It was going to be just a matter of time before . . . [more]

Posted in: Legal Information, Legal Information: Libraries & Research, Legal Information: Publishing, Reading, Substantive Law: Judicial Decisions