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]

In the coming months, the Quebec Ministry of Culture and Communications will hold public hearings in 10 cities from October 6 to November 21, 2011, to collect feedback on regulating the media in Quebec by adopting a professional journalism accreditation and consolidating the Press Council.

Back in April, Apple filed suit in California against Samsung for patent violation, claiming that the latter’s Galaxy line of phones and tablets bore too much resemblance to its own iPhones and iPads. This is a tangled matter, as perhaps are most patent disputes among the biggies: for one thing, Apple is a large buyer of Samsung’s products, accounting for 4% of the the company’s revenue last year and likely more this year. At the moment, according to Foss Patents, where you’ll find a list, there are 19 ongoing lawsuits around the world between these two companies

Recently . . . [more]

There is an August 22, 2011 decision from the U.S. District Court, Eastern District, in the Matter of Historical Cell-Site Information, 10-MC-897 (NGG), NYLJ 1202511989637 that Slaw readers may find interesting. The U.S. Attorney’s office wanted 113 days of cell phone records from Verizon Wireless. The court said:

While the government’s monitoring of our thoughts may be the archetypical Orwellian intrusion, the government’s surveillance of our movements over a considerable time period through new technologies, such as the collection of cell-site-location records, without the protections of the Fourth Amendment, puts our country far closer to Oceania than our Constitution

. . . [more]

Background

I initially mentioned the lawsuit against Law Buzz last year when it was first launched. The case settled earlier this summer, with the plaintiff opting to move forward with her business. But a spin-off lawsuit was launched by Tycho Manson, one of the defendants in the original action, against anonymous posters commenting about him on the original case.

Pepall J. of the Ontario Superior Court heard a motion earlier this month in Manson v. Doe, dealing with a various forms of relief by the plaintiff, Manson:

1. an order seeking validation of service by e-mail
2. an injunction requiring

. . . [more]

Corruption in government and business can occur everywhere; no country is totally immune. (See, for example, Transparency International’s Corruption Perception Index.) But in some countries and in some industries the demands for bribes and kickbacks or the promise of favours for favourable decisions are a serious reality. Governments that wish to halt or hinder corruption have passed anti-bribery and corruption legislation, proscribing not only corrupt acts that take place within their jurisdiction but also acts that take place ex juris if committed by their nationals or businesses incorporated within their jurisdiction. Britain’s Bribery Act 2010, which came into . . . [more]

The Section of State and Local Government Law of the American Bar Association (ABA) hosted a panel on cyberbullying at the 2011 Annual Meeting.

The panelists included James Hanks of Ahlers & Cooney, Grant Bowers, Legal Counsel for the Toronto District School Board, Dr. Jeff Gardere, a psychologist from New York with expertise in mental health, and Kathy Macdonald, from the Calgary police.

Notes from James Hanks’ talk, focusing on American legislation, is available here. This post focuses primarily on the Canadian content by the rest of the panel.

Defining the Problem

Cyberbullying is completely different from . . . [more]

Offered in Beta from the Office of the Law Revision Counsel of the United States House of Representatives, this new website offers excellent access to the Code.

The US Code is an official consolidation of Federal US Laws by subject, and highly useful. Its various accessories, such as the indispensable Popular Name Tool make it a first resort of legal researchers. The online version, and various commercial print versions, are not considered official for US courts. However, this particular online version will likely be the most up to date version of the code, given its provenance. . . . [more]

Last week, the Law Commission of Ontario released its proposed Draft Framework for the Law as it Affects Older Adults:

“The Framework is intended to assist with the development and evaluation of laws, policies and practices to ensure that the realities of the circumstances and experiences of older adults are taken into account, and that laws, policies and programs promote positive outcomes for these members of society.”

“It is accompanied by an extensive Interim Report, which sets out the research and analysis which form the basis for the Framework, and provides examples of its implications and implementation.”

“It is

. . . [more]

The Saskatchewan Human Rights Commission’s appeal of the Whatcott freedom of expression case to the Supreme Court of Canada is scheduled to be heard in October 2011.

These are notes are from a panel presentation organized by the ABA Section on Labor and Employment Law at the American Bar Association 2011 conference in Toronto on Sunday, August 7, 2011. Panelists included Douglas E. Dexter, Farella Braun & Martell LLP, San Francisco; Roy L. Heenan, Heenan Blaikie LLP, Montreal; Mauricio Paez, Jones Day, New York; and Lauren Schwartzreich, Outten & Golden LLP, New York. The moderator was Cynthia E. Nance, Professor of Law, University of Arkansas, Fayetteville, Arkansas. Note: these are my selected notes from this session; any inaccuracies or omissions are my . . . [more]