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Archive for ‘Substantive Law’

Charities Political Activities: CRA Consulting on Rules

The Government of Canada has committed to modernizing the rules governing the charitable sector to ensure that they are operating in a regulatory environment that respects and encourages their contribution to society. One of the areas they are looking into is to clarify the rules governing charities political activities. . . . [more]

Posted in: Miscellaneous, Substantive Law, Substantive Law: Legislation

A Sentence to Go “Home”

The bar has often lamented the lack of “plain language” by the bench, a necessary prerequisite for transparency and open access to the public.

At times, the need for this approach has been criticized as overlooking the needs of the parties. Sometimes, like in the Meads case, this approach is intended to address broader, systemic problems. As I told Canadian Lawyer Magazine a few years ago,

“I think the fact that the judge even made this ruling suggests how big a problem it is,” says Toronto lawyer Omar Ha-Redeye. “This is a hot issue. Family law is in crisis

. . . [more]
Posted in: Case Comment, Substantive Law: Judicial Decisions

Update: Brexit Score – End of Second Period: Henry VIII 2 Henry II 1

Or, Ms May may not and must not; at least, not yet.

(For readers outside of the (ice) hockey world, substitute “end of first half”.)

The UK QB ruled unanimously (3-0) this fine English morning that the Tory gov’t cannot use the Crown’s prerogative to initiate the UK’s withdrawal from the EU. The decision to withdraw or not – the decision whether to give notice under the applicable EU treaty – is for Parliament to make, not the party in power in Parliament; aka the “gov’t” or the Crown.

[111] for the reasons we have set out, we hold the

. . . [more]
Posted in: Case Comment, Justice Issues, Miscellaneous, Substantive Law, Substantive Law: Foreign Law

Consulting With Canadians on a Federal Accessibility Legislation

Between July 2016 and February 2017, the federal government is consulting Canadians on planned federal accessibility legislation. The goal of the law would be to promote equality of opportunity and increase the inclusion and participation of Canadians who have disabilities or functional limitations in all areas of every day life. It is expected that the new legislation will incorporate many features from Ontario and Manitoba’s accessibility laws that would include the process or processes that the Government would use to develop the accessibility standards, as well as the areas or activities to which the standards would apply. . . . [more]

Posted in: Justice Issues, Legal Information, Legal Information: Information Management, Legal Information: Libraries & Research, Legal Information: Publishing, Miscellaneous, Practice of Law, Practice of Law: Marketing, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation, Technology, Technology: Internet, Technology: Office Technology

Uber Loses Free Ride on Employment Laws

Technological disruption comes at a price.

I’m not talking about the price of lost jobs, disappearing economies, or even the competitors that go under. I’m talking about the cost to the innovator themselves as they create new models and paradigms that historic regulatory structures are unprepared for.

One of the most talked about contemporary change these days is Uber (although its status as disruptive is disputed). The obvious regulatory burdens faced by the company include the anticipated clash with taxis, notable for the protests in Toronto and Montreal.

The more significant legal challenges faced by Uber is the . . . [more]

Posted in: Substantive Law: Foreign Law, Technology

Is the Debate on a Secular State Useless and Fruitless?

Here we go again. Quebec Justice Minister recently tabled Bill 62, An Act to foster adherence to State religious neutrality and, in particular, to provide a framework for religious accommodation requests in certain bodies fostering respect for religious neutrality of the state and aimed in particular to frame requests for religious accommodations in certain organizations. This is this sitting government’s attempt to draft a charter of secularism.

This is the fourth time that the Quebec government (under different leadership) has tried to pass a bill to clarify the religious neutrality of the state and set guidelines for the granting of . . . [more]

Posted in: Justice Issues, Miscellaneous, Substantive Law, Substantive Law: Legislation

Ontario Land Titles System to Add Risk to Owners

The Ontario Land Titles Act pushes onto an owner the risk of the owner’s transfer being void. It does so, even if the owner took proper care when buying. This is an outdated idea. Most modern land titles systems don’t use it.

Ontario’s Bill 27, the Burden Reduction Act, 2016, includes a major change to the Ontario Land Titles Act. The bill aims to modernize Acts and reduce their burden. The bill would put a new definition of a “fraudulent instrument” into the Ontario Land Titles Act. This would push even more risk onto an owner. It . . . [more]

Posted in: Substantive Law: Legislation

Entire Agreement Clause Doesn’t Trump Unconscionability

Donald Trump is estimated to have been involved in over 3,500 lawsuits, unprecedented for any presidential nominee. Most recently, he threatened to sue for defamation over further allegations of groping. Sources, however, indicate he hasn’t actually sued a news outlet in decades, and his threats may have a boomerang effect.

It’s clear that he has other legal disputes on this side of the border as well. Many of them involve the tower in downtown Toronto which bears his name. Only one of them has been reported though, and the Court of Appeal recently weighed in on this action . . . [more]

Posted in: Case Comment, Substantive Law: Judicial Decisions

New Law Library of Congress Reports on Encrypted Communications and Foreign Intelligence Gathering

In Custodia Legis, the blog of the Law Library of Congress in Washington, D.C., reported earlier this week on two recent comparative law reports published by the institution.

The first, Government Access to Encrypted Communications, “describes the law of 12 nations and the European Union on whether the government, pursuant to a court order or other government process, can require companies to decrypt encrypted communications or provide the government with the means to do so”.

The other one is an updated version of an earlier report entitled Foreign Intelligence Gathering Laws that examines the legislation regulating the . . . [more]

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

Measuring “Serious Harm” in a Data Breach

The prevailing legislative standard in Canada for a duty to report a breach of data security (loss of data, compromise, etc) seems to be that there is a real risk of serious harm as a result of the breach.

Have Canadian courts or regulators given useful guidance on when that happens, and what kind of harm is serious and likely? I am especially interested in court rulings, since the threat of litigation can focus the data holder’s mind as much as or even more than a regulator’s order. (Have privacy regulators cracked down on reporting requirements or other useful follow-up . . . [more]

Posted in: Substantive Law: Judicial Decisions, ulc_ecomm_list

Electronic Chattel Paper – Changing the Medium

A private correspondent writes: “Have you ever heard of any cases on electronic chattel paper that is subsequently printed out (apparently called “papering out” in the biz) and the printed version being considered as an ‘original’?”

Views? What protections are there in law or in practice to avoid duplication of a record that should be unique, or at least have a single authoritative version?

On what basis is electronic chattel paper issued or used in Canada, if at all? UCC Article 9 makes special provision for it, and negotiable electronic records generally, but Canadian e-commerce law has not followed that, . . . [more]

Posted in: International issues, Technology, ulc_ecomm_list