Okay a seasonal quiz question – in which work of art do a law library and a complex question of estate litigation feature prominently?

Okay – a big hint. It’s opera. . . . [more]

Most people are too busy shopping during the holidays to be worried about filing suits. Unless, maybe, you’re a celebrity.

Stephen Baldwin filed a lawsuit on Wednesday against Kevin Costner, not for any work they had done together in the entertainment industry, but for Baldwin’s investments in Costner’s company, Costner in Nevada Corporation (CNIC).

Baldwin claims he met Costner in April and decided to become a 10% partner in an invention backed by CNIC which could separate oil from water. With the backdrop of the April 20, 2010 BP oil spill, it seemed like a good venture. Interestingly . . . [more]

Clements (Litigation Guardian of) v. Clements, 2010 BCCA 581 – right result, bad reasons.

A sub-text to the case is the manner in which the panel used a hot-off-the press article in a law review to explain and justify its analysis and conclusion, introducing and setting up the manner in which it intended to use the article this way:

[54] The question of when it will be appropriate to resort to the material-contribution test discussed in Resurfice Corp. has been the subject of some appellate consideration and considerable academic writing. In my view, the answer to this question

. . . [more]

The Ontario government this week made public the final report of an advisory panel on SLAPP suits (Strategic Litigation Against Public Participation).

SLAPP suits typically take the form of abusive defamation lawsuits aimed at shutting down criticism by non-governmental organizations or citizen lobby groups. Targets of SLAPPs in various parts of North America have been local residents, neighbourhood associations, municipal governments, and peaceful protesters, who have been sued for acts such as reporting bylaw violations, speaking at municipal meetings or even just picketing and circulating petitions.

The panel recommends that Ontario adopt anti-SLAPP legislation to protect the freedom of the . . . [more]

The Office québécois de la langue française requires that all communications between the Commission de la Santé et de la Sécurité du Travail du Québec (CSST, Quebec’s workplace health and safety board) and employers, suppliers and partners take place in French only, to comply with the Charter of the French Language. However, if the head office of those parties is located outside Quebec, they may be served in English.

Companies are clearly interested in exploring alternative ways of resolving disputes. While only 14 % of corporations surveyed by Rochier in Finland and Sweden say they have so far participated in mediation or another alternative dispute resolution process, this percentage may rise as companies continue to seek simplified dispute resolution procedures and flexible solutions. The second most important conclusion is that corporations in Sweden and Finland are cost conscious, with an eye on cost cutting and improved cost management when it comes to conflict management and resolution. Conflict prevention is the buzz word over dispute resolution.

And now a post from snowbound London.

During the bail hearing of Julian Assange, the presiding magistrate, District Judge Howard Riddle, gave permission for journalists in attendance to use live blogging technology in reporting proceedings. In doing so, in the interests of practicality, he waltzed past provisions in the Contempt of Court Act 1981, which prohibited the use of recording media in court. It spurred a debate in England about the appropriate limits.

This spurred the senior judge in England – the wonderfully named Lord Chief Justice of England and Wales, Lord Judge – to issue formal guidance to the . . . [more]

A self-represented Applicant won an award of $5,000 from the Federal Court today in Nammo v. Transunion of Canada Inc. for violations of the Personal Information Protection and Electronic Documents Act (PIPEDA), the first time that damages have ever been awarded under this statute.

The Privacy Commissioner of Canada (PCC) made a finding on January 22, 2010 that the Applicant’s complaint, made on April 8, 2008, was well founded, but resolved. The hearing request was then made under s. 14 of the Act,

Hearing by Court

Application
14. (1) A complainant may, after receiving the Commissioner’s report, apply to the

. . . [more]

By now, those following discussions on Copyright Modernization Act Bill C-32, have found their favourite bloggers to follow. Also take the time to visit the where you can follow the introduction of the bill, the debates at 2nd reading, as well as the committee meetings in late November and December. . . . [more]

England’s top judge, Lord Chief Justice Lord Judge (that’s a great name!) has complained that “impenetrable” criminal justice legislation is causing major delays in British trials.

The remarks are contained in the most recent annual report of the Court of Appeal Criminal Division.

In his introduction, Lord Judge writes:

“It has been another year of unremitting commitment to the administration of criminal justice. That is as it should be. What remains less tolerable is the continuing burden of comprehending and applying impenetrable legislation, primarily but not exclusively in relation to sentencing. The search for the legislative intention in the

. . . [more]

Becoming an official regulatory body will enable the HRPA to ensure that human resources professionals are competent and behave in an ethical manner.

On December 15, 2010, the Attorney General of Quebec, Jean-Marc Fournier announced that the Quebec government has decided to appeal to the Supreme Court of Canada the Eric v. Lola case to determine whether common law partners should have the right to claim alimony after a breakup.