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Archive for ‘Substantive Law’

Ottawa Crime Map

A U.S. company, CrimeReports.com, takes statistics given to it by various police departments and geolocates the instances on a Google map. So far as I can tell, Ottawa is the only Canadian city to enlist the company’s services. The Ottawa crime map sets out markers for various crimes — breaking and entering, theft, etc. — the nature of which can be controlled by a selection panel, so that, for instance, you could look at the location of all thefts from a vehicle. You can, as well, adjust the area, the date and the number of instances you wish to . . . [more]

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

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

Google Books Settlement

For a price-tag of $125 million ((Which must be small change for Google)) Google, the Association of American Publishers and the Authors Guild resolved a challenge to the Google Books project.

The settlement agreement resolves a class-action suit filed on Sept. 20, 2005, by the Authors Guild and certain authors, and a suit filed three years ago, by five major publisher-members of the Association of American Publishers: McGraw-Hill, Pearson Education, Penguin Group, John Wiley & Sons and Simon & Schuster. It is subject to approval by the United States District Court for the Southern District of New York.

For . . . [more]

Posted in: Legal Information, Legal Information: Publishing, Reading, Substantive Law, Technology: Internet

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

CTLS Launched Today

Dean Mayo Moran today presided over a webcast to launch UofT Law’s participation in Georgetown’s Center for Transnational Legal Studies which brings together in London faculty and students from ten nations and five continents to study international, transnational and comparative law. Georgetown Law Professors David Cole and Nina Pillard are the Academic Directors for the Center’s first year.

Georgetown’s initial partners in the Center include the Free University of Berlin, University of Fribourg (Switzerland), Hebrew University of Jerusalem, King’s College London, University of Melbourne, National University of Singapore, University of Sao Paulo, University of . . . [more]

Posted in: Education & Training, Education & Training: Law Schools, Substantive Law

The Common Law and the Law of Islam

This post is a minor riff on a sentence in Omar’s comment on the Lords’ decision on whether the European Convention on Human Rights can accommodate the child custody presumptions in Sharia law. Omar reminded us that Islamic legal scholars have been arguing about precedent and employing analogies long before the English common law.

Which led to a breathless DaVinci Code ((Complete with references to the Knights Templar and tantalizing links between Merton College and Sicily in the age of Islam – for which see Chapter 27 in the late Tim Reuter’s New Cambridge Medieval History)), style BBC . . . [more]

Posted in: Substantive Law

New Canadian Book on Email Law

I’m surprised it has taken so long for a Canadian book on the law of something so ubiquitous, email. Lexis Nexis Canada has released the new title E-mail Law by Charles Morgan and Julien Saulgrain, both of McCarthy Tétrault, and General Editor Dr. Sunny Handa. The description of this 188 page book is given here in the Butterworths catalogue. From the McCarthy Tétrault press release (Oct. 24/08):

It includes systematic analyses of current and upcoming trends, cutting-edge information on e-contracts, spam, e-mail monitoring, document retention, and e-mail as evidence.

Designed for legal counsel, human resource professionals and business leaders,

. . . [more]
Posted in: Practice of Law, Substantive Law, Technology

Copyrighting Facts in Movies – “We Are Marshall”

Movie producers often attempt to purchase the rights of real stories they want to turn into film. However, media sources reporting events have no copyright interest in the facts they are reporting.

A recent American case helps illustrate this point.

The 2006 Warner Bros. film We Are Marshall starring Matthew McConaughey depicted the true story of a plane that crashed on Nov. 14, 1970, killing all 75 people on board. The victims included 37 members of the Marshall University Thundering Herd football team.

Although Warner Bros. had approached the makers of an Emmy-winning documentary film, Ashes to Glory: The Tragedy . . . [more]

Posted in: Substantive Law

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

Google Sued for Placing Ads With Typosquatters

Benjamin Edelman, who teaches marketing in the Harvard School of Business, has initiated a class action against Google on behalf of trademark owners whose marks have been infringed by typosquatters. (See the story on Arstechnica.) Typosquatting is the practice of registering domain names that approximate the names of real companies’ websites in the hope of obtaining advantage from internet users who arrive there by mistyping (e.g. http://goggle.com/). Edelman claims that Google places ads on these fraudulent sites and benefits from revenue generated when a user clicks into the sites by mistake. Given the number of such pseudo-sites, Edelman . . . [more]

Posted in: Substantive Law, Technology, Technology: Internet