Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from sixty recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Entertainment & Media Law Signal  2. BC Injury Law and ICBC Claims Blog 3. Western Canada Business Litigation Blog  4. The Court  5. Precedent

Entertainment & Media Law Signal

The monkey is back! The dispute between Wikipedia and the British photographer David Slater recently reported in various news outlets is not new. It is actually the continuation of a dispute that began in July 2011 between the UK based Caters News Agency, who had hired Slater to do a nature shoot in Indonesia, and the blog Techdirt….

BC Injury Law and ICBC Claims Blog
Two Sets of Costs Approrpriate When Two Actions Are Combined for Trial

Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, addressing what costs are payable when two actions, set for trial at the same time, settle prior to trial. In today’s case (Wang v. Dhaliwal) the Plaintiff was involved in two collisions and filed separate lawsuits both of which were set to be heard at the same time. The cases settled for trial for an agreed sum plus costs. The Plaintiff argued that two sets of costs were warranted while the Defendant suggested a single set of costs was appropriate given ‘the efficiencies achieved by having the cases joined“. …

Western Canada Business Litigation Blog
Commercial Arbitration May Not Be as Confidential as You Think

Choosing commercial arbitration over conventional litigation cannot guarantee confidentiality of the process, as a recent decision of the BC Supreme Court shows. The prospect of keeping a commercial dispute confidential has long been recognized as one of the main advantages of arbitration over litigation in the courts, along with the speed of the process, the ability to choose one’s decision-maker, and easier enforcement of awards internationally….

The Court
A Logical Flaw in the Supreme Court of Canada’s Analysis of Positive Entitlements to Expressive Freedom

n Baier v Alberta, 2007 SCC 31 [Baier], Justice Rothstein of the Supreme Court of Canada articulated a test for whether an underinclusive statutory platform of expression infringes section 2(b) of the Canadian Charter of Rights and Freedoms, and thus whether a claimant has a positive entitlement to access that platform. He adopted the test from Dunmore v Ontario (Attorney General), 2001 SCC 94 [Dunmore]. Dunmore decided that Ontario had a positive obligation to include agricultural workers under provincial labour relations legislation because excluding the workers infringed their section 2(d) freedom of association….

Four law-themed movies at TIFF

It’s that time of year again, when the red carpets get rolled out, champagne flows like water and A-List celebrities fill the streets of Toronto. TIFF, the Toronto International Film Festival, is back in town. This year’s festival is bigger than ever. And you know what that means: prime opportunities for celebrity stalking. (I’d recommend hitting up the Ritz Carlton or the Shangri-La lobby. You might have to shell out $18 for a cocktail, but that brief glimpse of Brad Pitt’s left sideburn will be totally worth it.)…


*Randomness here is created by and its list randomizing function.

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