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. Barry Sookman 2. IPilogue 3. Combat Sports Law 4. U of A Faculty of Law Blog 5. Éloïse Gratton

Barry Sookman
By-passing paywall and circumventing TPM sinks fair dealing defense: Blacklock’s Reporter v CVA

Does by-passing a subscription paywall to access a news article violate the new prohibitions in the Copyright Act that make it an infringement to circumvent a technological protection measure (TPM)? Yes, according to a decision just released by an Ontario court in 395804 Ontario Limited (Blacklock’s Reporter) v Canadian Vintners Association, 2015 CanLII 65885 (ON SCSM). …

H&M sues Forever 21? Beach Please!

In an interesting twist, arguably the two most common fashion design piracy defendants are pitted against each other. H & M Hennes & Mauritz AB (“H&M”) has issued a complaint against Forever 21, Inc., in the US District Court Southern District of New York. Below is a comparative image of the tote bags at issue. …

Combat Sports Law
Supreme Court of Canada Says Doping = Criminal Fraud in Sports

I have previously suggested that PED use can amount to fraud in the world of combat sports and a cheating athlete can be exposed not only to regulatory consequences but also criminal and civil repercussions as well. Today the Supreme Court of Canada released reasons for judgement making this more than a mere suggestion. In short the Court supported a decision finding that doping in sports does indeed amount to criminal fraud. …

U of A Faculty of Law Blog
Did Chief Justice McLachlin Just Send Signals About the UNDRIP?

Supreme Court of Canada Chief Justice McLachlin spoke a few hours ago at the Canadian Institute for Administration of Justice (CIAJ) conference in Saskatoon, with her comments focused on barriers to access to justice, especially cultural barriers faced by Aboriginal people. In the course of these remarks to four hundred people, including close to two hundred judges, Chief Justice McLachlin spoke of the need for judges administering justice “to understand Indigenous history, legal traditions, and customary laws”. …

Éloïse Gratton
Key IT Law Issues for Wearable & Mobile Devices

The Nineteenth Annual Canadian IT Law Association Conference is taking place this year in Toronto on October 26–27, 2015. I will be participating on the panel entitled “Key IT Law Issues for Wearable & Mobile Devices” moderated by David Canton, Harrison Pensa LLP, with co-panelists Sony Gokhale, Osler, Hoskins & Harcourt LLP and Rachael Vaughn, Attorney Next Generation Devices, Microsoft. …


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

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