The Ontario Court of Appeal recently released its decision in Jaffer v. York University, 2010 ONCA 654, which reaffirms the proposition that the Superior Court of Justice does have jurisdiction over academic disputes that are grounded in contract or tort.

University administrators will find the ruling important in assessing their liability to civil claims, and students bringing civil suits against universities will find it useful in constructing proper pleadings.

Background

The plaintiff, Ashif Jaffer, had Trisomy 21, also known as Down’s Syndrome, and was accepted to York’s Glendon College in September 2006. Although attempts were made to determine . . . [more]

The fall 2010 session of the Supreme Court of Canada began earlier this week.

Not everyone knows that electronic facta filed by the parties in cases before the Supreme Court of Canada are available on the Court’s website. This has been so for cases filed since February 2009.

For example, if you want to find out about the arguments of the parties in upcoming hearings of the fall season, you only need to click on the style of cause (party name) link for a particular case.

For example, today, the Court heard an appeal in the case of Information . . . [more]

The European Court of Human Rights (ECHR) based in Strasbourg has published a series of Factsheets that deal with various themes such as the situation of the Roma, the rights of homosexuals, prison conditions and environmental rights. They include both decided cases and pending applications before the Court.

The full list of Factsheets:

• Case-law concerning the European Union
• Child protection
• Data protection (English version in progress)
• Detention and Mental Health
• Detention conditions and treatment of prisoners
• Dublin cases (which European state is responsible for asylum applications)
• The environment
• Expulsions and extraditions
• Forced labour and trafficking
• Homosexual rights
• Homosexuality: criminal aspects

. . . [more]

On September 28, 2010, the Superior Court, without deciding whether or not there is a constitutional right to sell sex or the right policy model (criminalization, regulation or abolition), agreed with the plaintiffs’ arguments, ruling that the Criminal Code provisions relating to prostitution contribute to the danger faced by sex-trade workers in Ontario.

As followers of Canadian legal news will know, a judge of the Ontario Superior Court today ruled that Canada’s prostitution laws violate the Charter. To quote from the National Post story:

The judge struck down three sections of the Criminal Code that make it illegal to operate a “common bawdy house,” to profit from prostitution-related activities or “communicates” on the street for the purpose of prostitution. The provisions “force prostitutes to choose between their liberty interest and their right to security of the person,” said the judge, in finding that the laws breached the Charter of Rights.

A PDF . . . [more]

Today the Audiencia Provincial in Madrid released a significant ruling in the fight between Spanish television channel Telecinco and Google’s Youtube service. Surprise, surprise, sometimes fans post videos from television broadcasts on Youtube without tracking down rights owners to clear copyright.

But is Youtube liable for any infringement?

The Spanish company argued that its intellectual property rights were being violated, but a court in Madrid ruled that it was the responsibility of the copyright owner to identify such infringement and alert Google. It had set out to obtain what it believed would be an international precedent.

Historically, . . . [more]

The Federal Court of Canada released the decision today in the George Galloway hearing, The Toronto Coalition to Stop the War et al. v. The Minister of Public Safety and Emergency Preparedness et al. I previously attended the hearing in Toronto and posted on it here, which was later picked up and expanded upon by The Court.

Mosley J. dismissed the request for judicial review, not because the case was without grounds, but because Galloway never actually tested the measures enacted against him,

[148] Had Galloway actually been found inadmissible by a visa officer relying on the

. . . [more]

On September 16, 2010, the Ontario Court of Appeal rendered an important ruling that examines discrimination based on disability under human rights law. The ruling confirms a lower court judgment that two individuals are entitled to long-term disability benefits under the Ontario Disability Support Program Act (ODSPA) because of their severe dependence on alcohol. The Court decided that denying such benefits violates Ontario’s Human Rights Code.

A colleague has made me aware of TransLex.org, a free website providing access to and information about transnational legal research.

The site can be searched by keyword with filters for such things as type of text (Court Decision, Arbitral Awards, Doctrine, Clause, Legislation or Principles) or language (English, French, German, Italian, Spanish, Dutch, Portugese and Latin).

The site can also be searched or browsed by one of 4 categories (the descriptions below are taken directly from the site):

1) Principles: The TransLex-Principles contain more than 120 principles and rules of transnational law, the New Lex Mercatoria, supported by . . . [more]

An Alberta woman did. She waited 19 years to be compensated over gender discrimination by her employer in an Alberta Human Rights Tribunal decision rendered on September 2, 2010. Her relentless battle against Mobil Oil Canada to receive the same pay as a man in the same position won her a damage award of more than $650,000.

A former Field summer student wrote this on my Facebook Wall:

I read your post on Slaw, but I can’t tell: what do you think of the new McGill changes? Are they retroactive– should we cite old cases with the new style? Won’t that make it difficult or impossible to do effective Westlaw citation searches? Do we *have* to follow the dumb ‘no periods!’ suggestion despite it being totally ridiculous? I’ve noticed the new AB courts judgments haven’t changed their style. If the SCC doesn’t start using the new guide suggestions (esp. the periods thing) in the upcoming term,

. . . [more]

This week the Quebec government opened public hearings on euthanasia and assisted suicide. The National Assembly selected the Select Committee on Dying with Dignity to travel to 11 towns and cities in Quebec to canvass public opinion on the various issues surrounding euthanasia and assisted suicide.