The High Court of England and Wales recently decided, in Southwark London Borough Council v IBM, [2011] EWHC 549 (TCC), that the provision of a licence of software was not a sale of goods, so the implied warranty of fitness for purposes contained in the Sale of Goods Act did not apply to the contract. (See paragraphs 94 – 98.)

The court went on, in obiter, to find that software could be a ‘good’ within the meaning of the Act, but in this case it was not sold (paragraphs 96 & 97). Providing the software on a . . . [more]

Bob Dylan's lyrics have been quoted 186 timesin judicial decision and court briefs, at least according to a study done by law professor Alex Long.

The long, slow slog towards equality for same-sex couples continues — with a victory, this time, in the European Court of Justice regarding status for employment benefits. The city-state of Hamburg declined to give a retired former employee supplementary retirement payments at the same tax rate as that due a married person. The plaintiff appealed the decision to the Labour Court of Hamburg, which referred a complex set of legal questions to the Court of Justice.

The Court [Jürgen Römer v Freie und Hansestadt Hamburg (URL imprecise) Case C‑147/08] made the following observation:

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As a preliminary point, it

. . . [more]

I, like many people no doubt, have one of those guilty pleasures that make little sense yet is so enthralling: reading up on the lives of the rich and famous. It is actually surprising how great a role law plays in the lives of celebrities, seeing how often the press reports on how they break, bend and use the law to their advantage , but one expression, new to me, has recently caught my eye: the super injunction.

Over the past few months, the British media have been reporting on these so-called super injunctions, which go beyond the prohibition of . . . [more]

We haven’t talked much about the killing of Osama bin Ladin here on Slaw, and there is considerable debate in international law over it. Contrary to what Jonathan Kay has said in the National Post, international law is still relevant, and even more so when the tables are switched.

Although it was completely unplanned, the Ontario Court of Appeal released a timely decision on Friday in United States of America v. Khadr dealing not with the more infamous Omar Khadr, but his brother, Abdullah Khadr, on extradition proceedings seeking to have him turned over to the United States.

In . . . [more]

The Ontario Court of Appeal granted leave recently to hear an appeal of Shoppers Drug Mart Inc. v. Ontario, a judicial review by the Ontario Superior Court holding that private product label regulations in s. 12.02 of Ontario Regulation 201/96 to the Ontario Drug Benefit Act (“ODBA”) and s. 9 of Ontario Regulation 935 of the Drug Interchangeability and Dispensing Fee Act (“DIDFA”) were ultra vires and of no force and effect.

Ontario has enacted sweeping reforms of the drug system in the province in the past year. The regulations discussed here prevented “private label” products from being sold . . . [more]

Several US blogs and media outlets have taken aim at Canada’s human rights system following a decision last month by the British Columbia Human Rights Tribunal ordering stand-up comedian Guy Earl to pay $15,000 to an audience member for insulting her.

For the record, I don’t support the NDP, and their fiscal policies are plain scary. But that doesn’t mean that their viewpoints on everything ought to be ignored. The NDP tech policies on issues such as net neutrality, usage based billing, and copyright are in many ways more compelling than the Conservative policies. Now that the Conservatives have a majority and don’t have to fight for their existence every day – lets hope they take a step back, take a deep breath, and take a fresh approach to tech issues.

The prosperous future of Canada is to a great extent . . . [more]

The Grievance Settlement Board’s March 28th privacy award made for some sensational headlines that decried the Ontario Ministry of Labour’s disregard for occupational health and safety inspector privacy by undertaking CPIC checks without consent. The headlines do not do justice to the difficult and significant issue dealt with in the award that relates to the MOL’s obligation to disclose information about inspectors pursuant to the Supreme Court of Canada decision in R. v. McNeil.

The Supreme Court issued McNeil in January 2009. The Court held that the Crown is not a single entity for the purposes of its prosecutorial . . . [more]

The Supreme Court of Canada released the much anticipated decision in Ontario (Attorney General) v. Fraser this morning.

The majority held that the Agricultural Employees Protection Act, 2002, (“AEPA”) which excluded agricultural workers from the Labour Relations Act (“LRA”) following Dunmore v. Ontario (Attorney General), 2001 SCC 94, [2001] 3 S.C.R. 1016 did not violate s. 2(d) of the Charter. . . . [more]

The Ontario Superior Court recently released a judgment about recovering domain names, South Simcoe Railway Heritage Corporation v. Wakeford 2011 ONSC 1234, in this case a .com name rather than .ca domain name.

Someone who had been active in a voluntary organization registered a domain name for the organization and later transferred it into his own name. He also changed all the registration information settings to private so no one, including the organization, could track who was responsible for the site.

The plaintiff organization brought actions in ‘detinue sur trover’ (a new cause of action for me after all . . . [more]

This Quebec-born boy still has trouble fathoming why so many people are going gaga over the English Royal Wedding. Don’t we all have hockey playoffs to think about? And isn’t there that little thing to do with the federal elections and Jack’s unexpected Big Orange Wave?

Never mind.

To help us out, the Harvard Law School Library has published a post on Royal Wedding: Pomp, Circumstance, and Law to explain all the legalities about how people in the British royal family get hitched.

Apparently, it is a lot more complicated than simply showing up at city hall, calling a florist . . . [more]