MAY now do; for general causation in class actions, too.

see Bartram v. GlaxoSmithKline Inc., 2012 BCSC 1804 at para. 32:

[32] In an individual action, a plaintiff probably could not succeed by merely showing that the use of Paxil increased the risk of injury. In Clements v. Clements, , 2012 SCC 32, the Supreme Court of Canada re-affirmed the primacy of the “but for” test in proving causation and confined the alternate “material contribution” test to cases involving multiple negligent defendants where it is not possible to prove which one caused the injury. However, dicta in Clements

. . . [more]

Two privacy stories raise interesting issues.

1. Journalistic violation of privacy: PIPEDA s. 7(1)(c) gives an exemption from the rules about collection of personal information for journalistic purposes.

Section 32 of the Data Protection Act (UK), by contrast, provides a journalism exception only if, in addition,

(b) the data controller reasonably believes that, having regard in particular to the special importance of the public interest in freedom of expression, publication would be in the public interest, and

(c) the data controller reasonably believes that, in all the circumstances, compliance with [the provision being violated] is incompatible with the

. . . [more]

John R. Wood

Over recent years, rights of way have become a lightning rod for fundamental questions about the Ontario land registration system.

A recent example is MacIssac v. Salo, now going through the Ontario Court of Appeal. The Ontario Bar Association decided that the case was important enough for it to intervene in the appeal.

You may take many things from the case. Most important, perhaps, although the registers are well kept, don’t take them at face value. The decision could even be important for property rights in Ontario

You’re invited to read the summary of the case . . . [more]

J.B.S.Haldane is said to have remarked that one thing we know about the supreme being is that if he exists he has “an inordinate fondness for beetles,” there being more than 350,000 species of them (beetles, that is), with the count still rising. I’m pretty sure — but what do I know? — that it’s we ordinary folk and not any divinity who are inordinately fond of nifty sayings, rather like Haldane’s, because English has so many words for them. Anyone who has wandered thoughtlessly on to Twitter — and too often, alas, even tip-toed with care — has . . . [more]

The Great Encyclopedias of Legal Research

This is the fourth of a series of posts on the major encyclopedias of legal research in Canada that were prepared following a presentation to a seminar on legal information at the University of Montreal.

THE JURIS CLASSEUR MODEL

Joining the list of Great Encyclopedias of Legal Research in Canada is the new Juris Classeur Quebec, a series of encyclopedias modelled on those in France and Monaco. By way of an explanation to the uninitiated, it can be said that a Juris Classeur encyclopedia serves much the same purpose for a legal practitioner . . . [more]

The First Annual BAILII Lecture was given on 20 November by Lord Neuberger, the President of the Supreme Court of the United Kingdom. The event was hosted by the law firm Freshfields Bruckhaus Deringer LLP at their premises in Fleet Street , London.

BAILII stands for the British and Irish Legal Information Institute, which makes English jurisprudence and statutes available for free via the Internet. It is the equivalent of CanLII.

Entitled No judgment, no justice, the lecture focused on the importance of clearly written judgments and their wide dissemination:

1. Access to Judgments carries with it access to law

. . . [more]

The French language constitutes the foundation of Québec’s identity and of a distinct culture that is open to the world.

Much like Bronte sisters, French hens and celebrity deaths, my comments about the Law Society of Upper Canada come in threes. And in an effort to pull Malcolm Mercer away from the dark side and bring him into the light, my comments today will focus on solutions. : )

When LSUC was formed in 1797 it was a model for the Commonwealth. More than 200 years later, the governance structure has failed to evolve (ignoring the fact that Upper Canada itself was tiny and ceased to exist in 1841 before eventually evolving into the exponentially larger province of Ontario).

In . . . [more]

When we examine the glass ceiling that keeps so many women lawyers out of partnership and managing partner roles, we usually look at all the external factors that can impede a woman’s career – lack of mentoring, challenges with business development, family responsibilities, unconscious bias – to name just a few.

Chief amongst these external factors is how society defines power in very male terms. A powerful person is often seen as demanding, aggressive, decisive, self-confident, solitary and not collaborative. If a women exhibits many of these characteristics she risks being judged unfavourably and not someone whom many people, male . . . [more]

Each Thursday we present a significant excerpt from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

INTERVENTIONS AT THE SUPREME COURT OF CANADA: ACCURACY, AFFILIATION, AND ACCEPTANCE
Benjamin R.D. Alarie & Andrew J. Green,
(2010) 48 Osgoode Hall Law Journal 381
Excerpt pp. 408-410

[Footnotes omitted. They are available in the original via the linked title above.]

IV. SOME CONCLUDING OBSERVATIONS ON THE IMPACT OF INTERVENTIONS

There appear to be . . . [more]

It’s the festive season, which seems to free things up a little from the routines that otherwise govern our lives. It certainly has done that at Oxford’s Bodleian Law Library blog, Law Bod. They’re already in day three of “Twelve (Legal) Days of Christmas.” If you know the carol, you’ll know that day three involves French hens. What fowl français could have to do with law only a law library can tell you. So go take a look. You’ll want to catch up, too, with the Partridge in a Pear Tree (distress damage feasant? Rylands and . . . [more]

After a closed-door meeting on November 22, 2012, our Benchers decided to keep the Parental Leave Assistance Program (PLAP), previously discussed on SLAW here

But there are caveats, the first being that the PLAP pilot project has only been extended for the purposes of consultation with stakeholders. Secondly, the PLAP eligibility criteria is now modified by a means test where the applicant must have a net annual practice income of less than $50,000 to be eligible.

The Equity Committee, who reported to our Benchers on November 22, 2012, indicated that the proposed $50,000 means test model would result in a . . . [more]