When the tort of intrusion upon seclusion was introduced in 2012, it was of significant importance. A civil remedy for the growing area of privacy rights was desperately needed, but it was uncertain how extensive this tort would be used.

I’ve spoken about this tort at law schools, to industry, and even published a journal article on it. But the area of privacy law is about to become even more exciting with the introduction of yet another privacy tort this week in Jane Doe 464533 v. ND [there is no CanLii link on this yet].

The parties . . . [more]

Summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. Every Sunday we present a precis of the latest summaries, a fuller version of which can be found on MLB-Slaw Selected Case Summaries at cases.slaw.ca.

This week’s summaries concern: Arbitration – Estoppel – Administrative Law – Practice – Courts – Criminal Law – Evidence – Police

Enmax Energy Corp. v. TransAlta Generation Partnership 2015 ABCA 383
Arbitration – Estoppel
Summary: The appellant appealed a chambers judge’s decision where he held that the parties to an arbitration were not bound by a prior arbitration . . . [more]

One Sunday each month OnPoint Legal Research provides Slaw with an extended summary of, and counsel’s commentary on, an important case from the British Columbia, Alberta, or Ontario court of appeal.

Hugh’s Contracting Ltd. v. Stevens, 2015 BCCA 49

AREAS OF LAW: Contracts; Fire damage; Extra work; Quantum meruit

~Where parties have agreed for the provision of goods and services but failed to provide for terms of remuneration, they may be presumed to have intended a reasonable price and a contractual term to that effect may be implied.~

BACKGROUND:  In September 2008, the home of the Respondent, Laurie Stevens, was . . . [more]

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

FAMILLE : Alors que la mère porteuse a choisi de ne pas déclarer de filiation maternelle, la présentation d’une requête pour ordonnance de placement pour adoption avec le seul consentement du père déclaré ne constituait pas une démarche illégale et contraire à l’ordre public.

Intitulé : Adoption — 161, 2016 . . . [more]

Pretty much every organization that serves the public and sees itself as having a mandate to educate is starving for new content, and if not new content then new content providers. Libraries, drop-in and community centres and social service groups usually welcome anyone prepared to provide a seminar and, best of all, they’ll do the advertising for you.

Providing public lectures, seminars and workshops is an easy and fun way (I was going to say something more bookish like “stimulating” here, but it really is fun) to improve access to justice that will take a minimum amount of time . . . [more]

On January 6th, 2016, different media outlets reported that a certain number of federal courts, including the Supreme Court of Canada, were contesting the issue of a decree (2015-1071) stating that procurement for government IT services now needs to go through Shared Services Canada. As specified in the decree: “a department listed in Schedule I, I.1 or II of the Financial Administration Act must obtain the services specified in paragraph (b) exclusively from the Minister designated for the purposes of the Shared Services Canada Act through Shared Services Canada and is not permitted to . . . [more]

Denmark has been receiving significant attention for its so-called “Jewelry Law” that passed 81 to 27 on January 26, 2016. This new law gives authorities the power to seize valuables from asylum seekers (refugee claimants) who enter the country. Legislators included exceptions for items of “special sentimental value” such as wedding rings and medals; however, items such as cell phones and computers may be seized.

Based on reports from UNHCR, CCR and other organizations, the refugees flowing into Europe have been using their cell phones to communicate and exchange information about where to find shelter and safety, which borders are . . . [more]

A brand new two-day course, “Assessments and Interventions: The Intersection of Family Law and Psychology,” is coming to the Pan Pacific in Vancouver, British Columbia in March. The course is being put on by the Continuing Legal Education Society of BC and the course chairs are myself and Morag MacLeod, a noted Vancouver family law lawyer, and Alyson Jones, a well-known registered clinical counsellor based in West Vancouver. Morag frequently presents for groups including CLEBC and the Trial Lawyers Association of BC. Alyson teaches at the Adler University and presents for the Association of Family . . . [more]

This article explains how to prevent the very damaging ignorance and avoidance of the technology that underlies widely used important laws. For example, the probability of wrongful decisions, in both civil and criminal cases, has been raised to what should be considered to be an unacceptably high level by the very false and unanalyzed (blind) assumption that electronic records technology is just a speeded-up and more convenient version of paper records technology. In fact the wordings of the electronic records provisions of the Evidence Acts declare the law to be that they are very different technologies.

As examples of the . . . [more]

From time to time the question of electronic wills is raised for discussion. This Uniform Law Conference has visited the topic a couple of times.

I have a related question today: should people be able to use electronic means to designate beneficiaries of savings plans (pension plans, RRSPs, TFSAs etc.) or insurance policies? If so, how? And if not, why not?

Usually such designations have be in writing and signed. The Uniform Electronic Commerce Act permits both e-documents and e-signatures. However, the UECA excludes wills and codicils. Most if not all provinces and territories have adopted this exclusion.

It is . . . [more]

In Ontario, conventional wisdom was that invasion of privacy was not something you could sue for. But that is changing, as evidenced by a just released decision of the Ontario Superior Court of Justice called Jane Doe 464533. That decision awarded damages and costs totaling $141,000, plus an order for the defendant to destroy any video or images he may still have, never to share any intimate images of the plaintiff, and to not communicate with the plaintiff or her family. A pdf version of the decision is here: Doe – redacted

Until this decision, the first case of a . . . [more]

Can a unionized employee who received settlement money as a result of a union grievance also make an application under the Human Rights Code, alleging discrimination as a result of the same situation? Two recent cases of the Ontario Human Rights Tribunal have addressed this issue with opposite outcomes. In Ma v University of Toronto, an employee’s application was allowed to continue, whereas in Sikorski v Vaughan (City), the employee’s application was dismissed.

The tribunal reached these decisions after interpreting Section 45.1 of the Code, which states that: “The Tribunal may dismiss an application, in whole or . . . [more]