Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed on CanLII and we give you a small sense of what the cases are about.

For the week of November 28 to December 4th:

1. Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd. 2013 SCC 34
   

   [3] The legal issue at the heart of this case is the interpretation of the management rights clause of a collective agreement. This is a labour law issue with clear precedents and a history of respectful recognition of the ability

In theory, Canadians are pretty comfortable with the polluter pay principle, at least when it applies to other people. (We do not seem to feel the same way about carbon taxes.) In theory, the polluter-pay principle ensures that polluters, rather than the public or the immediate victims of pollution, bear the cost of repairing damage done to the natural environment.

As described by the Supreme Court of Canada in Imperial Oil Ltd. v. Quebec (Minister of the Environment):

In fact, that principle has become firmly entrenched in environmental law in Canada. It is found in almost all federal and

I used to have a working VHS player and a copy of the movie Speed. Often a scene from the movie will pop into my (overactive?) mind when I am looking for legislation from my desk:

01:03:38 – Jack, what did he say?
01:03:42 – What’s the matter?
01:03:49 – There’s a gap in the freeway. – What?
01:03:53 – What do you mean? – How big is a gap?
01:03:56 – 50 feet. A couple of miles ahead.

I remember when looking for legislation at my desk was rarely a reasonable option. Today, if I can’t browse my . . . [more]

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on technology, research and practice.

Technology

Use Google Docs to Alter PDF Documents
Dan Pinnington

PDF documents are great when you want to make it easy for anyone to view or print a document. But what happens when you need to alter a PDF? You can, of course, do it with Adobe Acrobat or other expensive PDF Editors, but you can also do it for free with Google Docs! It’s easy. First, take the PDF . . . [more]

The Supreme Court of Canada will announce Thursday at 9:45 am whether or not it will hear Magder’s appeal in the ongoing Rob Ford case.

In case you have been living under a rock (or outside of Toronto at least), Justice Hackland ordered the Mayor of Toronto out of office last September. The Mayor won his appeal before the Divisional Court in January, and was permitted to remain in office.

With an election scheduled for 2014, the Supreme Court ruling, should the Supreme Court elect to hear the appeal, will likely be largely academic.

Nevertheless, many will be . . . [more]

A driving force for the development of the internet was to provide certainty for internet service organizations on the liability exposure they may have for acts of third parties on their internet sites.

Given that many Canadian internet web sites do receive U.S. visitors and many also utilize a DMCA safe harbor provision, understanding the scope of protection that the safe harbor provides can be important to Canadians. The ongoing legal saga in Viacom International Inc., et al. v. YouTube, Inc., YouTube, LLC, and Google, Inc., 07 Civ. 2103 illuminates the scope of the DMCA safe harbor.

The DMCA . . . [more]

CBC news recently reported that the average Canadian spent over 41 hours online each month in the fourth quarter of 2012, and that Canadians are the world’s second-heaviest users of the internet (just behind Americans). While there is a great deal of variety when it comes to the nature of this online activity, there is no question that a substantial proportion of it leads to the creation of property that has value – whether it’s objective, measurable commercial value, or simply personal value.

In his article “The legal status of virtual goods” in the May 31 edition of the Lawyers . . . [more]

Unfortunately, Project Loon doesn’t have anything to do with Canada — yet. But there’s potential here for a great benefit to Canadians in rural areas, particularly in the far north.

Google, where people are paid to brainstorm and pursue ideas that are often “wacky,” has initiated a project to place a chain of balloons into “orbit” around the globe and to use them as a way of providing internet connectivity for people who would otherwise not be able to access the internet.

Of course, being balloons, these relay stations won’t actually be in orbit. They will be in the stratosphere, . . . [more]

Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from forty-one recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Environmental Law and Litigation  2. SOQUIJ Blogue  3. Legal Feeds Blog  4. Legal Post  5. Thoughtful Legal Management

Environmental Law and Litigation
Oil Sands tailings pond management not meeting environmental targets
The Alberta Energy Resources Conservation Board has released its 2012 Tailings Management Assessment Report, Oil Sands Mining Industry. . . . [more]

More back-seat drivers for the major legal publishers.

Robert Mackay’s recent post about how publishing is becoming an academic discipline highlights yet another source of analysis and commentary on the strategies being pursued with varying degrees of success by the legal publishers. To the growing list of blogs such as House of Butter and the Justitia Blawg, to name but two, has been now added the academic community.

This point was brought home to me by one of Robert’s students who recently completed an MA dissertation on corporate branding in the publishing industry. Her research included a survey of . . . [more]

The Quebec Soccer Federation (QSF)/ Fédération de Soccer du Québec (FSQ) has reversed its ban against turbans, relieving tensions reverberating across the country.

The move only came though after a suspension by the Canadian Soccer Association (CSA) on June 10, and a statement by on Friday by the Fédération Internationale de Football Association (FIFA) that it allowed soccer players to wear the religious headgear. Sikhs in Quebec were dismayed over being excluded from the sport, and Canadians outside of Quebec questioned the approach of the organization.

The incident served as a flash point over the issues of integration, accommodation and . . . [more]

Twitter has been ordered by French courts to reveal the names of people responsible for anti-semitic tweets (using a standard hashtag) to a number of public interest organizations. Though Twitter said it would cooperate if it received an order from the American courts acting on the request of the French courts, the Court of Appeal said it has to cooperate because the direct order of the French court.

Would such an order be made in favour of private parties here? Would the private bodies first have to begin a legal proceeding against the pseudonymous tweeters – a civil action? a . . . [more]