This week the Ontario Court of Appeal released the decision in Taylor v. Canada (Attorney General), 2012 ONCA 479, in a special case motion assessing the sufficiency of fresh pleadings. The conflicting law related to the alleged negligence of Health Canada in applying the Food and Drugs Act by allowing unsafe temporomandibular joint (TMJ) implants.

Justice David Doherty framed the case by opening as follows:

[1] Government regulation impacts on most facets of modern life, particularly matters of public health and safety. If a government regulator exercises its powers in a negligent way, people can be hurt and suffer

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Well, the 2012 Summer Olympic Games will soon begin in London, England.

I am sure many of you are thinking: 100m sprint, marathon, water polo, rhythmic gymnastics, pentathlon maybe.

Is it just me? I hear Olympics, and my mind starts imagining protests over athletes being excluded, the odd bribe here and there, a little bit of trade-mark infringement, a few doping scandals, maybe demonstrators being kettled and baton charged, which all leads to: lawsuits!

There are lots of resources out there to understand the legal aspects of this summer’s London sportapalooza (and of sports in general):

• The most recent issue

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In a previous Slaw post, we indicated that Quebec’s Minister of Justice and Attorney General Jean-Marc Fournier announced the filing of a draft regulation aimed at making the Gazette officielle du Québec available free of charge on the Internet. Well now it’s official.

This regulation is now in force and allows free access to parts 1 and 2 of the Gazette officielle du Québec published on Publications du Québec website.

The regulation also modifies the price of the paper based annual subscription as well as fees for notices, advertisements and documents published in Parts 1 and 2 of . . . [more]

Both Manitoba and Ontario recently added gender identity and gender expression to their human rights legislation as prohibited grounds of discrimination.

On June 29, 2012, legislation for Pooled Registered Pension Plans (PRPPs) has been given Royal Assent. PRPPs will be an excellent addition to the retirement savings options for small business owners and their employees. This legislation implements the federal framework for a new pension option for the millions of Canadians currently without access to a workplace pension plan.

Over the last few years there has been much controversy over the negotiation of the international Anti-Counterfeiting Trade Agreement, or ACTA. Problems included that it was being negotiated in secret with little information being disclosed, lobby groups were granted unequal access, and the substance of the agreement proposed heavy handed enforcement.

It was signed last October, but apparently needs to be ratified by a certain number of signatories before it comes into effect. And even after that, the substantive provisions of international treaties such as this are not binding on individuals in any country until that country adopts laws that . . . [more]

On June 25th, 2012, the Federal Court of Appeal denied the Canadian Society of Immigration Consultants (CSIC) appeal of the decision by the Minister of Immigration to appoint the Immigration Consultants of Canada Regulatory Council (ICCRC) as the Regulator of Immigration Consultants.

As Slaw readers know, the Canadian Legal Information Institute – best known by its acronym CanLII – is Canada’s paramount portal for free access to Canadian legal information. It’s administered by the Federation of Law Societies of Canada and funded by a levy on individual lawyers through the Barreau and the provincial and territorial law societies. As I continually tell legal audiences it’s the best bargain that lawyers get for their fees.

Now Canlii wants our help. Colin Lachance and his colleagues are engaged in a strategic planning exercise and have asked CorbinPartners Inc. to conduct an online survey to . . . [more]

The Independent Civilian Review into Matters Relating to the G20 Summit released its final report on Friday, and is available for download here. The 425-page report was led by former Ontario associate chief Justice John Morden, and highlighted communication problems between police services and the civilian review body that oversees it.

The report provides an overview of the legislative authority of the police services, stemming from the Police Services Act, R.S.O. 1990 c. P.15. and the role of the Toronto Police Services Board in ensuring adequate and effective policing services.

The report reviews the Board’s policies in light . . . [more]

The Supreme Court of Canada released its decision in Clements v. Clements today. David Chiefetz shared some thoughts about the case here earlier this week.

The majority, led by McLachlin C.J., expounded on the material contribution test, and indicated that it is better characterized as a “material contribution to risk” and not to injury. However, this approach should be rarely used to ensure that the fundamental principles of tort law for proof of causation are not undermined.

The court also clarified the principle found in Resurfice Corp. v. Hanke that the material contribution test is appropriate where causation under the . . . [more]

other than to the parties and their representatives?

__________________________________

(Rev’d June 30 by adding numbered points 2-9 n the Brief Summary of Consequences, the heading, and the underlined phrase in the next sentence)

It will, but it will not help plaintiffs other than Ms. Clements.

Appeal allowed and sent back for a new trial by a majority decision (7-2). The Court was unanimous on the law, just not the remedy.

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Here are links to the Report and to the Executive Summary of the Independent Civilian Review into Matters Relating to the G20 Summit.

Mr. Morden will be speaking at the release of the Report at Toronto Police Service Headquarters, 40 College Street, 2nd floor at 10 AM. Counsel to the Independent Civilian Review, Ryan Teschner, will be answering questions from the media.

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