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Archive for ‘Substantive Law: Legislation’

Recent Developments in Foreign State Immunity

The visibility and relevance of foreign state (or sovereign) immunity has grown significantly in recent years. States and state-related entities are playing a growing role in international investment and commerce, while seeking civil remedies against states in domestic courts is increasingly seen as an important tool in holding states accountable for torture or other breaches of human rights.

State immunity, in its most traditional formulation, is the rule that a domestic court will not implead a foreign state in its proceedings without the state’s consent. It is, in effect, the expression of judicial deference to the executive’s responsibility . . . [more]

Posted in: Legal Information, Substantive Law, Substantive Law: Foreign Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

CanLII User Meeting in Toronto – Feb. 11/09

Just posted to the CanLII blog:

CanLII invites you to a user meeting in Toronto

CanLII is pleased to invite you to a user meeting in Toronto on February 11 2009. On the agenda:

  • demo of SATAL – the point-in-time legislative system soon to be launched on CanLII;
  • creation of a CanLII users group;
  • demo of APIs developed to streamline use of CanLII content by institutional users.

The presentation will be followed by a cocktail. They ask you inform them if you plan to be present.

For more info, check their blog post for time, location and RSVP contact . . . [more]

Posted in: Legal Information, Legal Information: Libraries & Research, Legal Information: Publishing, Substantive Law: Legislation, Technology

Newfoundland Standing Up for the Rights of Its People, or Opening the Way to Trade Disputes?

Yesterday the Government of Newfoundland and Labrador created history when it introduced and passed Bill 75 (now S.N.L. 2008, c. A-1.01), Abitibi-Consolidated Rights and Assets Act. The legislation takes away land and water rights, including ownership of all hydroelectricity rights from the generating station at Star Lake, and timber rights to forests on Crown land, from the U.S.-based company AbitibiBowater as of the end of March 2009 given to the company’s predecessor in 1909. Media are characterizing this both as “expropriation” and “repatriation” of the lands. . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

BBC Radio 4 on Drafting Legislation

The BBC is currently offering its program, “The Draftsman’s Contract,” online. It’s an examination in two parts of “the people who actually write our country’s legislation…” The first part, 15 minutes in length, is available now and for the next 6 days — after which it disappears, I suppose. The second part will be broadcast on December 17 at 20:45, and will presumably be similarly available for a number of days afterwards as streaming audio.

The BBC uses its own iPlayer format, which contains DRM restrictions, and has been the object of much criticism. . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

Legal Information in NB Throne Speech

As delivered by the wonderfully named Herménégilde Chiasson, yesterday’s Throne Speech in Frederickton contains a paragraph on legal information.

The speech from the throne opened the third session of the 56th Legislative Assembly of New Brunswick.

* Timely access to justice is important and your government will receive the report of the Task Force on Access to Family Justice. It is expected that the report will provide recommendations for improved access to justice, expanded use of alternatives to family court, and increased access to legal information and legal assistance in family law matters. Your government will provide its . . . [more]

Posted in: Legal Information, Substantive Law, Substantive Law: Legislation

Limitation Periods and Enforcement of International Arbitral Awards

The Globe and Mail’s article yesterday on the Alberta Court of Appeal decision in Yugraneft Corp. v. Rexx Management Corp. left me wondering. In Yugraneft, the Court held that an application to register and enforce a foreign arbitral award under the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (a.k.a. the New York Convention) is subject to the ordinary limitation period of two years.

The decision has indeed been the source of much concern among Canadian arbitration practitioners; even the decision by the Court of Queen’s Bench in 2007 created quite a stir. My own sense . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

Where Are You Bill C-2?

Like many Slaw readers, I monitor legislation in Canada, especially federal legislation. Our 1st session of the 40th parliament officially began on November 18, 2008 with the Throne Speech on November 19, 2009. We are now on day 8 of this parliament and Bill C-2, the first government sponsored bill, has yet to appear on the Projected Order Of Business or the Order and Notice Paper.

As I clicked my shortcut to LegisINFO and saw no Bill C-2 again today, I found myself wondering if this long delay was out of the ordinary. To do a fast grab of . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

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

Persistent URLs for Legislation

The Library of Congress website THOMAS, which provides information about U.S. legislation, has established a system of persistent URLs for legislative documents. This means that hyperlinks using this format will always (i.e. for the foreseeable future) take a reader to the desired document, regardless of any server changes that might have occurred since the link was created.

The persistent link is created by following a syntax that assembles a document’s URI. (A “uniform resource identifier” is a unique string of characters that is used to identify a particular resource on the internet; a URL — “uniform resource . . . [more]

Posted in: Legal Information, Legal Information: Publishing, Substantive Law: Legislation

De Wolf v. Bell ExpressVu and the Law of Unintended Consequences

The recent decision of the Ontario Superior Court in De Wolf v. Bell ExpressVu has been hailed, at least by the plaintiff, as a win for the consumer. Myself, I admit to some doubts: the reasoning of the decision suggests that any victory is Pyrrhic at best.

For those who haven’t read the decision, the plaintiff challenged Bell ExpressVu’s practice of charging an “administration fee” of $25 on delinquent accounts, on the basis of the Criminal Code prohibition of “interest” exceeding 60%. Bell argued – and, in fact, the court agreed – that the fee was a fair estimate of . . . [more]

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

Wine Law, Again

An article in today’s Globe and Mail, “Wine drinkers are voters too,” by Beppi Crosariol, talked about a crackdown by the Liquor Control Board of Ontario and Manitoba Liquor Control Commission on the practice of direct importation of wine from British Columbia. The infraction, it seems, is of a 1928 statute, the Importation of Intoxicating Liquors Act, R.S.C. 1985, c. I-3 (considerably updated over the years). The kick in this act is in section 3 (1):

Notwithstanding any other Act or law, no person shall import, send, take or transport, or cause to be imported, sent, taken

. . . [more]
Posted in: Substantive Law: Legislation

Extended Powers of Attorney: WCLRA Report

The “Western Canada Law Reform Agencies” — i.e. those of B.C., Alberta, Saskatchewan and Manitoba — have together produced a report entitled “Enduring Powers of Attorney: Areas for Reform” [PDF] with the aim of harmonizing their separate pieces of legislation. The report is 90 pages in length and contains the following substantive chapters:

  • Recognizing and Extended Power of Attorney
  • Clarifying Attorney Duties Under an EPA
  • Preventing Misuse of an EPA
  • Transitional Provisions
. . . [more]
Posted in: Legal Information, Substantive Law, Substantive Law: Legislation