Canada’s online legal magazine.

Archive for ‘Substantive Law’

Supreme Court of Canada Statistics 1998-2008

The Supreme Court of Canada recently published a special edition of its Bulletin of Proceedings called Statistics 1998 to 2008.

The statistics are broken down into 5 categories:

  • Cases Filed: the number of complete applications for leave to appeal and notices of appeal as of right filed by litigants with the Court’s Registry each year
  • Applications for Leave Submitted: number of leave applications submitted to panels of the Court for decision, the number of leave applications granted and the percentage granted of the total submitted
  • Appeals Heard: number of appeals heard each year and the number of hearing days
. . . [more]
Posted in: Legal Information, Substantive Law, Substantive Law: Judicial Decisions

SCC Grants Leave in Important International Arbitration Case

The Supreme Court of Canada announced this morning that it has granted leave to appeal the decision of the Alberta Court of Appeal in Yugraneft v. Rexx Management. This decision has been the subject of considerable discussion among arbitration practitioners: as was discussed several months ago on Slaw, the case raises a number of difficult questions about how international arbitration and Canada’s treaty obligations in that respect interact with local procedural law – specifically limitation of actions – when seeking to enforce the award, and more generally whether foreign judgments and arbitral awards should continue to be treated, . . . [more]

Posted in: Legal Information, Substantive Law, Substantive Law: Judicial Decisions

Where’s the Beef (From)?

Way back in the early 80s Wendy’s hamburger chain ran a TV commercial that featured three old ladies exploring a competitor’s “really big bun” and the relative absence of meat; one of the women had a deep, harsh voice and used it repeatedly to bark out: “Where’s the beef?” Now, in this day of supersizing, the question isn’t so much about the size of the patty as its provenance. That goes for just about all forms of food, our concern fuelled by dangerous additives, e coli, listerosis, and the lack of control over suppliers distributed across the globe.

As of . . . [more]

Posted in: Substantive Law

Breaking Legal Stories From Chennai

One of the great wonders of the web is the ability it affords us to glimpse the world from different perspectives by reading current papers from around the world.

Starting with today’s Hindu, a great paper from Chennai, we find the following stories:

Bloggers not entitled to any special protection for expressing critical views, Supreme Court of India holds:

Bloggers may no longer express their uninhibited views on everything under the sun, for the Supreme Court said they may face libel and even prosecution for the blog content. Chief Justice K G Balakrishnan and Justice P Sathasivam refused to . . . [more]

Posted in: Education & Training, Legal Information, Practice of Law, Substantive Law, Substantive Law: Judicial Decisions

CRTC Deadline to Comment Re: Net Neutrality Is Today

Today is the deadline for public comment submissions to the CRTC with regard to their net neutrality hearings in July. This is from Michael Geist:

The CRTC has set out a series of questions in its public notice, some of which may be too technical or legal for many Canadians. However, there are some key questions that anyone with an interest in net neutrality can address including questions about how network management could result in unjust discrimination or undue preferences as well as how network management could result in controlling content or influencing telecommunications. Moreover, the CRTC asks

. . . [more]
Posted in: Legal Information, Substantive Law

Brian Bowman’s Blog

Brian Bowman (Pittblado, LLP) has a new blog — Brian Bowman – On the Cutting Edge — that’s been active since the beginning of the month. The blog:

provides practical assistance to Canadian businesses so they can better deal with issues related to privacy, access to information, online reputation management, intellectual property and technology legal matters.

Bowman is a Past Chair of the Canadian Bar Association’s National Privacy and Access Law Section. Welcome to the blogosphere, Brian.

[via Information Roundup] . . . [more]

Posted in: Substantive Law, Technology: Internet

Comparative Guide to Family and Estates Law

Master’s students at the Université de Paris X – Nanterre have produced a comparative guide that provides an overview of the legal situation in 70 countries on issues relating to:

  • nationality, adoption, marriage and divorce
  • estates
  • international private law

The guide is written in French.

[Source: Précisément.org, un blog pour l’Information juridique] . . . [more]

Posted in: Legal Information, Legal Information: Libraries & Research, Substantive Law, Substantive Law: Foreign Law

Advance Notice: LCO’s New Project

We will be posting news of our new project on our website shortly, but let me give Slawyers advance notice. The Board of Governors recently approved a project on joint and several liability, primarily considering whether the Ontario Business Corporations Act should be amended to eliminate or restrict the joint and several liability imposed on professionals. For example, auditors may be liable if there are misrepresentations or omissions in the financial materials and statements they prepare for their clients and if the other defendants are unable to pay damages awarded for their wrongdoing in the same case, the auditors may . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

Securing Your DNA From Prying Corporate Eyes

I’ve always had a fascination with DNA, simply because it tells the hidden story of our species that should put to rest many of the controversial debates on the issue.

I have already spent a small fortune investigating my Y-chromosome and mitochondral DNA. Given our very mixed ancestry, I was curious to see what I came up with.

Apparently I’m haplogroup R1a1a from my father’s side, not that exciting because it’s the largest group in the world. But I can also cross-reference my markers with samples of human populations around the world, and I seem to have an remarkable . . . [more]

Posted in: Substantive Law

Internet BlackOut NZ


Have you noticed any blanked out avatars or websites in your travels lately? February 16 – 23, 2009 thousands of New Zealanders are protesting “Guilt Upon Accusation” pending new section 92A of their Copyright Act being brought in by Copyright (New Technologies) Amendment Act 2008 No. 27 that they say

assumes Guilt Upon Accusation and forces the termination of internet connections and websites without evidence, without a fair trial, and without punishment for any false accusations of copyright infringement.

This legislation reportedly puts the emphasis on internet service providers (ISPs) having to police who is using their services and, according . . . [more]

Posted in: Substantive Law

Privacy Expectations of Unionized Employees in the Workplace

After doing online writing for about a year and a half now, one of my most read pieces is Employee Privacy in Canada. I also get plenty of legal inquiries by e-mail on it, and of course have to respond that I cannot provide legal advice.

It’s also a topic of interest to in-house counsel, who increasingly have to respond to managers about the checks and monitors they are allowed to use for their staff.

Perhaps then it’s no surprise that the subject was also prominently featured at the OBA 2009 Institute of Continuing Legal Education on Feb. 3, . . . [more]

Posted in: Substantive Law

Science, Pseudoscience, and the Law

Following up on Simon’s vaccines post from earlier this week comes the encouraging news that on Thursday (happy 200, Charles Darwin) the U.S. Court of Federal Claims issued decisions in three vaccine-related test cases rejecting any causal link between vaccines and autism.

Yet, much like with the Pennsylvania victory in the battle over teaching evolution, I can only manage a half-hearted cheer at this latest triumph of science over superstition and ignorance. That it is even necessary to take this to trial – to say nothing of the refusal of so many to accept the correctness of . . . [more]

Posted in: Miscellaneous, Substantive Law, Substantive Law: Legislation

3li_EnFr_Wordmark_W

This project has been made possible in part by the Government of Canada | Ce projet a été rendu possible en partie grâce au gouvernement du Canada