Archive for ‘Substantive Law’
Expert evidence is often perceived as a necessary evil by many judges. The “evil” of these experts is that they tend to enhance the adversarial nature of litigation, unduly complicate proceedings, and often add unnecessary costs for the parties.
What is the role of the court in excluding or managing this evidence?
Concerns over the excessive use of experts has been identified in several jurisdictions. A 2002 study by Carol Krafka in the US found that judges are becoming more recalcitrant towards accepting expert evidence post-Daubert. The 2009 Jackson Report in the UK accepted the manner in which expert . . . [more]
California has just enacted a law that prohibits ‘non-disparagement clauses’. These are clauses in consumer contracts that prohibit the consumer from criticising the product or services provided under the contract.
Specifically, the statute says this: “a contract or proposed contract for the sale or lease of consumer goods or services may not include a provision waiving the consumer’s right to make any statement regarding the seller or lessor or its employees or agents, or concerning the goods or services.”
Is there any need for such a provision in Canadian law (federal or provincial)? Are non-disparagement clauses ever seen here? Would . . . [more]
Happy New Year! For the next few posts, I thought I’d focus on lessons learned through employment law cases – essentially a list of resolutions to make and keep in 2015 – for employers and their HR departments, in particular. The first one, Shirbigi v. JM Food Services Ltd., 2014 BCSC 1927 (CanLII), comes to us from British Columbia and deals with what can happen when a boss has an affair with one of his employees and a Workplace Relationship Policy either isn’t in place or isn’t followed . The sordid details can be summarized as follows:
. . . [more]
In Edwards v. Canada (Attorney General), the Privy Council considered whether “persons” under s. 24 of the Constitution Act included women,
24. The Governor General shall from Time to Time, in the Queen’s Name, by Instrument under the Great Seal of Canada, summon qualified Persons to the Senate; and, subject to the Provisions of this Act, every Person so summoned shall become and be a Member of the Senate and a Senator.
Lord Chancellor Viscount Sankey of the Privy Council stated,
. . . [more]
…their Lordships have come to the conclusion that the word “persons” in sec. 24 includes
Car insurance premiums are an important public policy consideration, even in light of the compensatory rationale underlined in tort law. In Ontario, the legislature has created a balance through s. 267.5 of the Insurance Act and its Regulations, which creates a “threshold” before which an injured person can receive damages after a motor vehicle collision.
(i) Has the plaintiff sustained a permanent impairment of a physical, mental or psychological function? . . . [more]
According to a news report, “Earlier this week 28 technology and media companies, 23 trade associations and advocacy groups and 35 professors of computer science filed legal papers in support of Microsoft’s opposition to US court rulings earlier this year which said that US authorities’ search warrant powers apply to customer information held outside of the US.”
I have had difficulty understanding the legal basis for Microsoft’s objection. Is it not clear that either law enforcement authorities or civil courts can require the production of documents in the custody or control of an enterprise that is located in their . . . [more]
Brian Lloyd Sinclair died in September 2008 in the emergency department waiting room of Winnipeg’s Health Sciences Centre at the age of 45. He was pronounced dead in the early hours of September 21, 2008 after he had spent some 34 hours in the emergency room awaiting attention for what was initially a relatively minor health concern.
Brian Sinclair was an Aboriginal man who lived his early years on the Fort Alexander First Nation and went on to live in Powerview, Manitoba and ultimately, in Winnipeg. He faced a number of health challenges and as well as some cognitive impairment. . . . [more]
For the past few years (2011, 2012 and 2013), I’ve had the pleasure of sharing two “top 10” lists of the most consulted cases on CanLII with Slaw readers. One list is of all cases consulted and the other pertains only to consultations of cases decided within the year.
I’m very pleased to present the results for 2014.
I invite readers to weigh in with their thoughts on the significance of any case appearing on either list.
Top 10 most consulted cases of 2014[more]
On Parliament Hill there stands a statue depicting one of King Arthur’s knights, Sir Galahad. It was erected in honour of a heroic young civil servant who perished in the Ottawa River while trying to save a cabinet minister’s daughter who had fallen through weak ice. The tragic hero was Henry Albert Harper, and the statue of Sir Galahad, King Arthur’s most virtuous knight, was meant as a testament to Harper’s selfless heroism.
Speaking of Harper and paladins of another kind, 2014 might well go down as a banner year. The recent batch of Galahads on Parliament Hill kind of . . . [more]