Canada’s online legal magazine.
LN Banner

Archive for ‘Substantive Law’

Report on the Accessibility for Ontarians With Disabilities Act Review

Brad Duguid, Minister of Economic Development, Employment and Infrastructure released the 79-page report on the Accessibility for Ontarians with Disabilities Act review to the public on February 13, 2015. Overall, the report indicates that although the government and public and private sectors have shown strong support and commitment to accessibility, the slow implementation of the AODA has resulted in rather modest improvements for persons with disabilities in the areas of jobs and access to goods or services.
Posted in: Legal Information, Legal Information: Information Management, Legal Information: Libraries & Research, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Privacy Commissioner Issues Guidance on Police Body Cameras

The federal Privacy Commissioner has just released a report giving guidance on the privacy implications of police wearing body-worn cameras, and what police need to do to comply with privacy laws.

It points out that the issues around body-worn cameras are more complex than on fixed cameras.

As is usually the case with privacy issues, it is about balance – in this case balancing the advantages of the cameras with privacy concerns.

The report has this to say about balance:

There are various reasons why a LEA might contemplate adopting BWCs. LEAs could view the use of BWCs as bringing . . . [more]

Posted in: Substantive Law, Technology

Of Digital Legacies and Changes to Facebook’s Memorial Pages

I must preemptively refer you to John Gregory’s post from last year when it comes to canvassing the laws, and lack thereof, around how third party services (like Google, Facebook, PayPal, etc.) are obliged to act upon the death of an account holder. The whole legal terrain is fascinating, and consists of a stewing heap of conflicting rationales, policies, privacy legislation and common laws around the rights of heirs, deceased people, states and private corporations. It’s all heading in a better direction, probably, with the advent of uniform legislation like FADA, but for some time it has been quite . . . [more]

Posted in: Announcements, Substantive Law: Foreign Law, Technology: Internet

Supreme Court Declines to Enshrine the Independence of the Bar as a Principle of Fundamental Justice

This morning in Federation of Law Societies of Canada v. Canada (Attorney General), the Supreme Court of Canada upheld (with minor adjustments) the decision of the British Columbia Court of Appeal and Canada’s Proceeds of Crime (Money Laundering) and Terrorist Financing Act, was held defective since it did not adequately protect solicitor-client privilege in its search procedures. Parliament will have to significantly revise the scheme to add more safeguards.

A narrow set of professional duties was held to meet the principle of fundamental justice test, established in the Malmo-Levine test: R. v. Malmo-Levine; R. v. Caine: . . . [more]

Posted in: Case Comment, Substantive Law: Judicial Decisions

UN Launches Database of Cases by Expert Committees on Human Rights

The UN Human Rights Office has launched a major public online database that contains all the case law issued by the UN human rights expert committees known as the Treaty Bodies.

The Treaty Bodies are committees of independent experts that monitor implementation of the core international human rights treaties. There are 10 of them including the Committee against Torture, the Committee on the Elimination of Discrimination against Women, the Committee on Enforced Disappearances and the Committee on the Rights of the Child.

The database was developed using data from the Netherlands Institute of Human Rights (SIM) at the Utrecht . . . [more]

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

Age Limit for Loss of Earnings Benefits Doesn’t Violate Charter

The Workplace Safety and Insurance Act’s age cut-off for loss of earnings benefits does not violate the Canadian Charter of Rights and Freedoms, Ontario’s Divisional Court decided in Gouthro v. Workplace Safety and Insurance Appeals Tribunal et al.
Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Plaintiff Awarded $13,000 Judgment and $90,000 in Costs

There are provisions in the Rules of Civil Procedure which provide that if a plaintiff brings a lawsuit in Superior Court and recovers an amount that is within the monetary jurisdiction of the Small Claims Court ($25,000), it is open to the court to order that the plaintiff shall not recover any of its legal costs of the lawsuit.

The rationale behind these provisions is straightforward. If a litigant fails to recover more than $25,000, then its claim ought to have been brought in the Small Claims Court which provides for a more streamlined, less expensive, procedure. A plaintiff, theoretically, . . . [more]

Posted in: Case Comment, Substantive Law

New Trial for Manager Terminated Over Misuse of Company Property

In Roe v British Columbia Ferry Services Ltd, a British Columbia trial judge made too many assumptions and not enough findings of fact when he decided that an employee’s dishonest conduct was “trifling,” “relatively minor” and not sufficient to justify termination. The Court of Appeal ordered a new trial for the employee after finding that the trial judge made a “palpable and overriding error” due to his failure to undertake an objective contextual analysis, as required for cases of alleged just cause.
Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions

ONCA Clears Up the Law on Expert Reports

Ontario litigators breathed a sigh of relief last Thursday when the Court of Appeal overturned a trial judge’s ruling that it was improper for a lawyer to review and discuss draft expert reports with an expert witness, and that such discussions must be documented and disclosed to an opposing party.

During the course of cross examination of an expert at the trial of a medical malpractice claim, it emerged that an expert had reviewed his draft report with defence counsel in a 90 minute phone call, and made changes to the draft. The judge took up the issue and directed . . . [more]

Posted in: Substantive Law

Finding More “Meaning” in the Future of Labour Law

We are all looking for meaning in life.

For some of us that means we want to make an impact on the world. For others, it means the mass accumulation of wealth. And for some, like the Justices of the Supreme Court of Canada, it means rendering every textbook published on labour law prior to 2015 entirely obsolete.

Hot on the heels of their recent decision Mounted Police Association of Ontario v. Canada (Attorney General), the Court released a decision on Friday in Saskatchewan Federation of Labour v. Saskatchewan. The majority overturned the Saskatchewan Court of Appeal decision . . . [more]

Posted in: Substantive Law: Judicial Decisions

Happy Data Privacy Day

From the Privacy Commissioner of Canada: “On January 28, Canada, along with many countries around the world, will celebrate Data Privacy Day. Recognized by privacy professionals, corporations, government officials, academics and students around the world, Data Privacy Day highlights the impact that technology is having on our privacy rights and underlines the importance of valuing and protecting personal information.”

Privacy becomes increasingly challenging with new tech such as big data, the internet of things, wearable computers, drones, and government agencies recording massive amounts of data in the name of security. Sober thought needs to go into balancing the . . . [more]

Posted in: Substantive Law, Technology