The Ontario Court of Appeal affirmed the convictions of Garth Drabinsky and Myron Gottlieb but reduced their sentences by a total of two one years, each.

The reasons in R. v. Drabinsky 2011 ONCA 582 were posted on the ONCA website this a.m.

The reasons are “by the Court”. What comes through clearly (at least to me) is that the judges on the panel were not impressed by any aspect of the content of the appeal arguments. I emphasize content, not manner of presentation.

For those who care, I’ve pasted some highlights in the body of the message after the . . . [more]

This weekend I stopped by the Vegetarian Food Festival in Toronto to try out some new food products. The last thing I expected to see was a lawyer group. But there, prominently situated between food sample tables and advocacy groups was the Lawyers for Animal Welfare  booth.

University of Toronto law student Camille Labchuk and lawyer Nick Wright were staffing the booth, making members of the public aware of the group and a number of law-related animal welfare issues. I learned that Lawyers for Animal Welfare (LAW) is a registered charity dedicated to advancing public knowledge of animal practices and . . . [more]

Of the eight Canadian provinces and territories that have passed laws calling for fixed-date elections, five call for general elections to be held in October every four years. Those five jurisdictions will all hold general elections this October, as follows:

The European Court of Justice has issued a ruling in Case C‑442/09 Bablok et al v. Freistaat Bayern (Monsanto intervening) that might well cause difficulty for food producers and for Monsanto, the owner of patents to many genetically modified organisms used or sold in the food chain. The plaintiff, a beekeeper, sued the Bavarian state for compensation because pollen from a government owned test field of Monsanto’s GM corn (maize) found its way into his honey, polluting it.

The court agreed that the trace amounts of pollen from the Monsanto corn, even though the pollen was no longer alive or . . . [more]

Justice Secretary Kenneth Clarke announced today that Bills will shortly be introduced in Parliament to overturn prohibitions on cameras in the courtroom.

The media will only be allowed to film judges’ summary remarks only – victims, witnesses, offenders and jurors cannot be filmed.

Filming and broadcasting in court is currently banned under two Acts of Parliament and new legislation will need to be passed to allow cameras into the courts.

The Guardian reports that Clarke had intended to consult with senior judges but in recent days Downing Street had moved to circumvent this consultation process and support the change, whatever . . . [more]

A U.S. court has decided that a bank whose client lost money because someone hacked into its account and transferred funds out of it, was not liable to the client because the bank had used ‘commercially reasonable’ security. The case is described on the Goodwin Proctor website. The lengthy decision of the Judge Magistrate in Patco Construction v People’s Bank, later upheld, is available online. .

Is this the right standard of care for negligence? Does it matter that the bank is regulated strictly under the Bank Act? Does it matter that the U.S. bank could . . . [more]

If you’re interested in defamation law you’d do well to read the recently published piece by Bob Tarantino, “Chasing Reputation: The Argument for Differential Treatment of “Public Figures” in Canadian Defamation Law,” (2010) 48 Osgoode Hall Law Journal 595 [PDF]. The author, a partner at Heenan Blaikie and a blogger at their Entertainment and Media Law Signal argues for the:

recasting the tort of defamation into two different tracks: one for public figures, who pose the highest risk of abusing the tort, and one for private plaintiffs, whose reputational interest is akin to traditional notions of reputation.

This . . . [more]

Happy belated Labour Day! With Thanksgiving just around the corner, it is good to review the labour standards applicable to statutory general holidays like Labour day and Thanksigiving day (which will fall on October 10, 2011 this year) for the province of Québec. I have no doubt that there are many Québec-based readers on Slaw.

Although many people actually benefit from a paid day off on these holidays, the Québec Act respecting Labour Standards explicitly sets out the conditions surrounding those payments and what happens when you’re required to work on a statutory holiday or how you’re paid if you’re . . . [more]

This past week the Ontario Superior Court released the decision in Baglow v. Smith, where the plaintiff’s claim over an allegedly defamatory blog post was dismissed on summary judgment. The decision is also of interest for Judge Peter Annis’ discussion on how to “remove the sting” of internet postings, and the application of the fair comment defence. Matthew Nied has also posted a more concise summary of the case on his site.

Background

The plaintiff, John Baglow, is relatively renowned in Canadian political circles and operated under the moniker of “Dr. Dawg” on Dawg’s Blog. He describes . . . [more]

Profiling the behaviour of air travellers to help identify potential terrorists has been news in the United States for several years now, but there has been little public discussion of the practice in Canada. Indeed, airport authorities haven’t included profiling among their security tools here, until last year when the federal government began developing a pilot “passenger-behaviour observation program” for Canadian Air Transport Security Authority officers.

Now that the pilot program has ended, the Office of the Privacy Commissioner of Canada is making her position known. Jennifer Stoddart says she’s not convinced the technique will actually help . . . [more]

There can be many causes of automobile injuries. Fortunately carjacking is not a common cause of injuries in Canada, but when it does happen how should insurance companies treat them? Justice John Murray of the Ontario Superior Court dealt with the issue of an assault while operating an automobile this week by in Downer v. Personal Insurance.

On Feb. 26, 2000, the plaintiff was filling his car with gas at a gas station in Scarborough on a Saturday evening. He was counting his money for payment in his car with his internal lights on when we was approached by . . . [more]

As Slaw readers will likely know, the Internet Corporation for Assigned Names and Numbers (ICANN) has recently approved a change to the internet’s domain name system that will mean, in the words of the ICANN press release [PDF]:

Internet address names will be able to end with almost any word in any language, offering organizations around the world the opportunity to market their brand, products, community or cause in new and innovative ways.

This is not going to be an easy process, as regards either acquiring a new generic top level domain or coping with the extreme proliferation that’s anticipated. . . . [more]