Canadian and American courts (and others) have been making pronouncements about the reliability of electronic documents for various purposes, not all of them equally persuasive, and the Canadian ones more sceptical than the American courts — perhaps only because of the facts before them.

Comments welcome on any of these cases: were they rightly decided? Do they suggest gaps in legislation? . . . [more]

A new law came into effect yesterday: the Canada Consumer Product Safety Act, S.C. 2010, c. 21 (the “Act”).

While the definition of a consumer product is quite broad (according to s. 2 of the Act, it is “a product, including its components, parts or accessories, that may reasonably be expected to be obtained by an individual to be used for non-commercial purposes, including for domestic, recreational and sports purposes, and includes its packaging”), a number of goods are already excluded from this legislation under Schedule 1, products which are already covered by another piece of legislation. Such consumer . . . [more]

Last week Simon linked to the piece in the New York Times which described the remarkable trend in the USSC towards resorting to dictionaries to determine legal meaning.

The US doctrinal literature has quite a history in a trilogy of articles by Judge Samuel A. Thumma & Jeffrey L. Kirchmeier, The Lexicon Has Become a Fortress: The United States Supreme Court’s Use of Dictionaries, 47 Buff. L. Rev. 227 (1999); Appendix A, Appendix B, The Lexicon Remains a Fortress: An Update, 5 Green Bag 51 (2001), and Scaling the Lexicon Fortress: The United States Supreme . . . [more]

What do Estonia and Denmark have in common that sets them apart from the rest of Europe?

They’re the only two of the 27 countries in the European Union that have complied with a directive on privacy that came into force on May 26. [The Register has the story.] The directive — a 2009 amendment to the broader directive on privacy — concerns cookies, those tiny bits of script that web servers can lodge on your computer in order to record your preferences, report back on your choices, or perform other relatively simple acts of communication between your machine . . . [more]

…For Ice Cream or more properly “Iced” Cream, (this is one of those words that we have slang-ed much like Web Log to Blog). As we approach the Summer Solstice, the first day of summer, on Tuesday of next week, it’s time to celebrate our (all-too-brief) summer, notwithstanding that many of us have not experienced much summer-like weather yet. Nonetheless, I have already experienced more than one ice cream headache aka. brain freeze, cold stimulus headache or more accurately sphenopalatine ganglioneuralgia (say that 3 times fast). It is generally agreed that the feeling of someone driving an ice pick into . . . [more]

The Canadian Centre for Elder Law marked World Elder Abuse Awareness Day (June 15) by publishing a discussion paper entitled Moving From Scrutiny to Strategy: An Analysis of Key Canadian Elder Abuse and Neglect Cases.

The Centre is affiliated with the British Columbia Law Institute.

The discussion paper “reviews a number of recent elder abuse and neglect cases that have been recorded in Canadian court decisions – largely criminal cases. The cases serve as a backdrop for highlighting social dynamics at play in elder abuse cases, comparing relevant legislation across the country, clarifying legal obligations to respond to elder . . . [more]

Most Canadian jurisdictions (except PEI and the Territories) have Class Actions statutes and our courts are increasingly having to deal with the complex issues that class litigation presents. One of the most difficult issues is the co-ordination of litigation that involves class members in multiple jurisdictions. Because our federal courts (with a statutory jurisdiction) have not the sort of diversity jurisdiction that facilitates the consolidation of multi-state proceedings) our courts must fashion solutions within the structure of provincial superior court primacy over civil litigation.

The defects of the current system have been described as follows:

Overlapping, multijurisdictional class actions

. . . [more]

A New York Times article from Monday has been prompting some comment on the blogs and blawgs. In “Justices Turning More Frequently to Dictionary, and Not Just for Big Words,” Adam Liptak wrote about the considerable frequency with which U.S. Supreme Court Justices refer to dictionary definitions in their opinions, much to the concern — not to say derision — of linguists and lexicologists. This should come as only a mild surprise to lawyers, perhaps, who are used to the various and contestable ways meaning in statutes is determined and justified by judges.

As the linguists point out, . . . [more]

There are 320,000 inhabitants of Iceland, a country about twice the size of Nova Scotia. But small in size doesn’t mean small in thought. They’re in the process of revising their constitution at the moment, and one feature of the process is the invitation to the public to comment on committee drafts as they’re presented online. To get the widest possible involvement, they’ve established a Facebook page and a Twitter account for the purpose, as well as the basic web page.

As the official page states:

The Constitutional Council is eager to make sure the public can be up

. . . [more]

As many of you know, the right to freedom of expression is firmly entrenched in both our charters and human rights acts.

The Québec Labour Code contains a sections which have been held in the past to legitimately restrict an employer’s right to full and freely express his or her opion. This is particularly the case with regard to sections 12 and 13 of the Code by which an employer is prohibited from interfering in the activities of a union and/or intimidating employees regarding their union activity. Recently, some commissioners from the Québec Commission des Relations du Travail has taken . . . [more]

A guest drowns in the hotel pool. Does the hotel need to report the fatality to the Ontario Ministry of Labour under subsection 51(1) of the Occupational Health and Safety Act? According to a decision by the Ontario Labour Relations Board (OLRB), the answer is “yes”.

My dad made beautiful lawns. I cultivate no grass. This sort of careful sidestepping is part of the way that one generation succeeds another, I believe. And in my case it’s also how I avoid the plague that’s even now striking Calgary. I’m talking of Taraxacum officinale, better known as pissenlit and dandelion. Apparently they’re spreading like crazy in Calgary, and the city can’t do anything about it.

The reason is that provincial legislation no longer lists the humble (and edible) dandelion as a noxious weed. Alberta, like most provinces, has a Weed Control Act that lets you — . . . [more]