The Supreme Court of the United Kingdom recently had to decide if a private commercial arbitration agreement could specify the religion of the arbitrator. The lower courts had gone in different directions. The trial court said that was not a problem. The Court of Appeal held that such a provision violated equality laws in the UK by requiring discrimination on the basis of religion.

In Jivraj v Hashwani [2011] UKSC 40, the Supreme Court said that arbitrators were not employees and the parties could properly (and enforceably) agree to prescribe their religion, nationality or other characteristics that would normally be . . . [more]

Let the speculation begin.

According to an article in The Hill Times, the process to choose the replacements for Supreme Court of Canada Justices Louise Charron and Justice Ian Binnie starts today.

Earlier this year, Charron and Binnie, both from Ontario, announced they were resigning from the Supreme Court.

As The Hill Times article explains:

MPs and human rights lawyers say they expect Prime Minister Stephen Harper will attempt to swing the pendulum of Supreme Court of Canada rulings toward the prevailing views of Conservative Party supporters as he fills the court’s two vacancies in a secretive and high-stakes

The US grants citizenship to anyone born within its jurisdiction, (as do Canada, Mexico and most South American countries). Recently, however, there’s been a growing debate about whether this practice is supported by the constitution and whether in any event it should be changed. A panel of immigration and constitutional law experts explored these issues this morning at the ABA meeting in Toronto. . . . [more]

[With special contribution by Jim Eckler]

In this article, I follow up on the statement made in my last column in which I said “I’d seek to bust the myth that what’s good for a vendor must be bad for a customer and vice versa.” In writing those words, what I had in mind was to explore a newly developing genre of outsourcing known as “Vested Outsourcing”^fn. To help with this undertaking, I’ve turned to the colleague who first introduced me to this outsourcing model – Jim Eckler, President of Eckler Associates and a leading expert in outsourcing . . . [more]

One of the first sessions at the ABA meeting had Tom Mighell and Nerino Petro, two legal tech experts, talking about using tablet computers in the practice of law. Essentially they took us through the competitors and their comparative advantages. 

(I must say one thing at the start: there was no wifi; there is no wifi at all at the ABA meeting. This is almost impossible to believe and very hard to understand today.)

Here’s how I understood what I heard.

Apple’s iPad is clearly in the lead. For one thing, Apple has an 18-month head start on the others, . . . [more]

A few of us are attending the American Bar Association (ABA) Annual Meeting in Toronto this week, and we’ll be posting a few updates on some sessions.

Rebecca Bowman of Pittsburgh, Pennsylvania spoke on how decision trees can be used in the negotiation and arbitration processes, specifically when dealing with right-brain clients. . . . [more]

The Saskatchewan Human Rights Code Amendment Act, 2010, S.S. 2011, c. 17 (former Bill 160), was proclaimed in force on July 1, 2011. The overall purpose of the Act is to make the human rights complaints process more timely and flexible by streamlining the process for dealing with complaints and allowing more cases to be resolved without litigation.

A major and, according to some, welcome change is the elimination of the Saskatchewan Human Rights Tribunal and the transfer of the tribunal’s powers to the Saskatchewan Court of Queen’s Bench, which will hear complaints that cannot be resolved by . . . [more]

How much noise must neighbours of a highway put up with?

As noted by Geneviève Lay here on Slaw recently, The Québec Court of Appeal has certified the Carrier class action by neighbours of a major Québec freeway, the Laurentian Highway (Highway 73) north of Québec City. I’d like to add a bit to her reportage here.

The neighbours have been complaining about noise from the highway since 1985, which (they say) interferes with outdoor use of their properties and requires them to keep their windows closed at all times. Even with the windows closed, their sleep is disturbed and . . . [more]

Yesterday Larry Alford joined the University of Toronto as its new Chief Librarian. Larry is responsible for the UofT Library system which is the largest research library in Canada and among the largest in the world. Mr. Alford is only the 6th permanent Chief Librarian at UofT since 1892. Larry replaces Carole Moore who retired earlier this summer after leading the Library for over 25 years and overseeing the transformation of the UofT Library system from a good Canadian library to one of the great research libraries in the world – matching the University’s aspiration to join the ranks . . . [more]

When referring to court or tribunal decisions in our daily lives, we generally use only the name of the main party or organization involved in the case. This “style of cause” or “case name” as we call it, doesn’t have to be unique in order to be specific: in any given legal context, the names of one or two main parties often suffice to refer to a decision, its full citation being used only in formal writings. Also, with electronic databases, we can afford to refer to only one decision and other decisions made in the same dispute are often . . . [more]

A short while ago the US House Judiciary Committee amended House bill H.R.1981 “Protecting Children From Internet Pornographers Act of 2011” so as to require ISPs in the United States to retain for 18 months a broad range of data about customers and their online activity. (It would seem that the version currently available on LOC’s Thomas does not yet reflect the changes.) To quote from the brief story by Conor Friedersdorf in The Atlantic:

…the firm that sells you Internet access would be required to track all of your Internet activity and save it for 18 months, along

For the past week, the U.S. National Public Radio has broadcast a series of shocking reports about corruption and abuse in how the US Patent system is set up, and who is abusing it to the detriment of everyone else and innovation.

I highly recommend that you listen to the audio version of these clips, as there are some great quotes included.

The original report is about 20 minutes and can be found here:
http://www.npr.org/blogs/money/2011/07/26/138576167/when-patents-attack
Follow up reports can be found here:
http://www.thisamericanlife.org/radio-archives/episode/441/when-patents-attack
and here:
http://www.npr.org/blogs/money/2011/08/02/138934689/the-tuesday-podcast-the-patent-war
These stories are fascinating, hard hitting and make me wonder whether there are any . . . [more]