A 5-member panel of the Ontario Court of Appeal released a significant, 150-paragraph reasoned decision this morning involving conflicts of laws and when Ontario should take jurisdiction over out-of-province defendants – see:

Van Breda v. Village Resorts Limited, 2010 ONCA 84
http://www.ontariocourts.on.ca/decisions/2010/february/2010ONCA0084.htm

At issue were claims for personal injury damages occasioned as a result of accidents suffered by Canadian tourists at resorts in Cuba and whether the plaintiffs could sue in Ontario.

In paragraph 109 (pasted below) the Court has “re-formulated” their own test in Muscutt from 2002.

[109] To summarize the preceding discussion, in my view, the Muscutt

One of the reasons I started the Cross-Border Biotech Blog a year ago was that the industry in Canada was in terrible shape. In the face of a global financial crisis, biotech as an industry was attracting some attention and some bailout funding, but by July last year, 70% of Canadian biotech companies reported having under 6 months of cash remaining.

This year has started with some new, and better, data. Equicom’s year-end review shows that although several Canadian biotechs did go under, the surviving companies overall outperformed market indices. BIOTECanada updated the July survey recently as well, . . . [more]

The Real-time web has been a popular topic in recent times as we all try to figure out how it is changing, and will continue to change our work lives. I’ve recently started Yammering here at Dalhousie; no not prattling on endlessly, but using the service Yammer or enterprise microblogging. In simple terms think Twitter, without the 140 character limit and limited to your workplace or business email domain. The product has been around for a couple of years and has been referred to in passing here at Slaw previously. In the short time that I’ve used Yammer at . . . [more]

Canada (Premier ministre) c. Khadr, 2010 CSC 3, (29 janvier 2010)
Le pourvoi etait accueilli en partie.

K a droit à une réparation en vertu du par. 24(1) de la Charte. La réparation demandée par K — une ordonnance intimant au Canada de demander son rapatriement — est suffisamment liée à la violation de la Charte survenue en 2003 et 2004 parce que les incidences de cette violation persistent jusqu’à présent et pourraient influer sur son procès lorsqu’il sera finalement tenu. Bien que le gouvernement doive disposer d’une certaine marge de manœuvre lorsqu’il décide de quelle manière il doit . . . [more]

On May 1, 2009, 23 library partners, including the Paul Martin Law Library at the University of Windsor went live with Evergreen – an Open Source integrated library system. With only 2 – 3 developers to take it out of the box (originally packaged for the public library world), development has literally happened on the fly for the past 10 months.

It has been hectic, but we have a project we can all be proud of. To top it off, yesterday we heard that OLA has awarded the Project Conifer partners with two Divisional Awards. All awards will be presented . . . [more]

On the afternoon of Friday January 29, the University of Texas at Austin will host a conference on judicial biography, as a tribute to Roy Mersky, who was the subject of an earlier Slaw post.

At 2 PM Texas time the discussion will turn to International Jurists, featuring Philip Ayers on Chief Justice Owen Dixon of Australia’s High Court, Philip Girard on Chief Justice Bora Laskin of Canada, and Pnina LaHav on Shimon Agranat of Israel.

We seem to be in golden age of judicial biography. Any recommendations from the readership? . . . [more]

Two completely different spheres have my thoughts overlapping like a Venn diagram. A recent interview with Arianna Huffington in the Financial Post and links from the Law Librarian Blog (among many other sources) showing an Inside Look at the WestlawNext and “New Lexis” Platforms.

Both these articles touch on monetization of web delivered services and how content producers may reap the rewards of their labours.

The Huffington Post model:

The Huffington Post is committed to the link economy and our business model is advertising-supported. The Greek philosopher Herodotus … said you cannot enter into the same river twice, and

Yesterday, two members of Slaw were given an in-depth look at the most profound re-engineering of a legal research system since the migration to the Web. In Thomson Reuters’ impressive Eagan facility we had a briefing on the new Westlaw – to be launched at New York LegalTech next Monday under the name WestlawNext.

WestlawNext is the culmination of five years of research and development and a massive amount of customer research into how legal research is actually carried out. . . . [more]

Are there any concerns from a risk management / liability perspective over the following warning/error message on the e-Laws website I noticed just now:

NOTICE OF ERROR
From December 18, 2009 to December 29, 2009, the e-Laws currency date should have been December 14, 2009.

See the screenshot here:

Do you review all of your legislative research from December 2009 within this time period?

Part of me says “no” since the Legislative Assembly adjourned on December 10, 2009, (to resume on February 16, 2010) and there appears to have been only 2 proclamations gazetted during the time period in question. . . . [more]

I learned recently that the University of Alberta has been digitizing microfilm or microfiche from the collection of Canadiana.org and placing the scans on the Internet Archive. (There’s a PowerPoint presentation online that will give you some sense of U of A’s digitization projects.) At present a search for [contributor:(canadiana.org)] turns up over 22,000 items. Of these, just under 800 are tagged “law” in some respect.

There is no attempt to catalog these items in any useful way, which means a researcher must rely on searching — not the easiest thing on the Internet Archive. (For example, . . . [more]

The most recent issue of The Lawyers Weekly provides a snapshot of the quantative output of the justices of the Supreme Court of Canada in 2009:

“Looking at the opinions the individual judges wrote last year (as distinct from judgments they simply signed on to without comment) Chief Justice McLachlin and Justice Charron were the most solid majoritarians in the sense that they did the least concurring and dissenting, both wrote a total of nine majority or unanimous opinions, and Justice Charron wrote more unanimous judgments than anyone else — five.”

“Justice Charron and Justice Morris Fish spoke most

John Morden and I have been discussing the extent to which Canadian courts look at cases from other courts, and I referred him to the excellent work of Professor Peter McCormick on the Supreme Court of Canada in a series of articles and a book Supreme at Last. . . . [more]