Canada’s online legal magazine.
CBA Skilled Lawyer Series
LexisNexis Legal Products

Archive for ‘Substantive Law’

What Can the Governor General Do?

Some background on the current fun and games / constitutional crisis / surrealist psychodrama on Parliament Hill:

And then my head exploded… . . . [more]

Posted in: Substantive Law

Ontario’s eLaws Are Now Official Copies of the Law

The Legislation Act, 2006 provided (in section 35) that a copy of a source law or consolidated law is an official copy of the law if accessed from the eLaws website in a prescribed form or format.

The regulation prescribing the form or format has now been filed and published and is effective as of November 30, 2008. A press release from the Ministry of the Attorney General is here.

Section 39 of the Act provides that an official copy is an accurate statement of the law, unless the contrary is proved. For official copies taken from the eLaws . . . [more]

Posted in: Substantive Law

Riches for Constitutional Aficionados

After the excitement of the American primaries and election, we political addicts thought we were going to have to go through withdrawal (or enjoy a respite – a “reassurance” that we really weren’t addicted). But just as we needed a fix, our own constitutional “crisis” comes along. How I wish I were still teaching constitutional law (or Canadian politics, but that was long, long ago in another galaxy). I would tell my students that I put “crisis” in quotation marks for a reason and then I would seize the opportunity to tell them that, recent developments notwithstanding, we still operate . . . [more]

Posted in: Substantive Law

La Mort Imminente Du Gouvernement Harper?

We edge close to a political crisis and constitutional history. Today the Opposition Parties agreed on an Accord on a Cooperative Government to Address the Present Economic Crisis, which should be read together with the Policy Accord to Address the Present Economic Crisis.

Mr. Dion’s letter to Her Excellency is an essential component since together with Mr. Layton’s parallel letter it makes clear that the Prime Minister may have difficulty maintaining the confidence of the House. I liked La Presse’s line: Les partis de l’opposition ont signé la mort imminente du gouvernement Harper.

And while there isn’t . . . [more]

Posted in: Substantive Law

Michael’s Great Film Adventure

Tip of the hat to Ian Kerr, who points us to Michael Giest’s latest project:

Why Copyright? Canadian Voices on Copyright Law

It’s a film on the significance of copyright as an issue in Canada. It features a wide range of Canadian voices – artists like Gordon Duggan of Appropriation Art; writers like award winning science fiction author Karl Schroeder; musicians like Wide Mouth Mason’s Safwan Javed; business people like Nettwerk Record’s Terry McBride,’s Bob Young, and Skylink Technologies’ Philip Tsui; government appointees like Privacy Commissioner of Canada Jennifer Stoddart and Ian . . . [more]

Posted in: Education & Training: Law Schools, Legal Information: Publishing, Miscellaneous, Substantive Law, Technology

Litigation & Bankruptcy Services From

While on Twitter I recently came across Mari Moreshead who does “client services and community management” for 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

New US Air Security Rules May Cause Problems for Canadian Passengers

The Canadian Press is reporting that the planned extension of US passenger screening is going ahead next year. Unlike existing rules, which require airlines to provide passenger information for flights headed to the US, the new rules will require them to provide this information even if the flight is only traversing US airspace. (See: The Canadian Press: New U.S. air security rules create turbulence in Canada.)

This raises a whole host of issues, particularly on the privacy front. The names are being scrubbed against the US no-fly list, which is notoriously of dubious quality. It has interfered with the . . . [more]

Posted in: Substantive Law

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

Canada’s “Simply Inadequate” Anti-Spam Laws

Earlier this week, Facebook won a huge judgment – $832 million to be exact – against a Canadian spam lord, Adam Guerbuez. This was the biggest award ever made under the US federal anti-spam legislation. Facebook doesn’t expect to collect much from the judgment, but it’s definitely another blow against spammers.

in an article in today’s Globe, Michael Geist explains that Facebook brought their action in California rather than Canada because Canadian law doesn’t provide an adequate remedy against spammers. He describes our own laws as “simply inadequate”.

I wonder if anti-spam legislation is on the Tories’ agenda for . . . [more]

Posted in: Substantive Law

Up-to-the-Minute News on Mumbai Attacks

I just arrived home and am catching up on the terrorist attack on Mumbai this evening (tomorrow morning in India).

BlogTalkRadio SAJA (South Asian Journalist Association) are holding web-based phone-in discussions every 12 hours, 10 – 11:30 am/pm ET or 8:30 – 10:00 am/pm Indian time. The guests on the first call (evening of Nov. 26 in Canada) included Benjamin Piven, former Fulbright Scholar in Mumbai and Suketu Mehta, author, “Maximum City: Bombay Lost and Found.” Author Rohit Bhargava has posted the details on his Influential Marketing Blog.

For those wishing to follow the latest news, some . . . [more]

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