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Supreme Court Will Announce Thursday if It Will Hear Rob Ford Appeal
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...
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A Koan for Clements
The Riddle: Q: How many Canadian judges does it take to create a paradox? A: 9 Supreme Court of Canada judges paying insufficient attention to the inconsistent text of their reasons for judgment and 1...
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Another Step Towards Recognizing Queer Parents
Last week the Alberta Court of Appeal ruled on a 7 year long custody battle between gay parents. At issue was the constitutionality of the Alberta Family Law Act and Family Law Relations Act. At the...
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The Right Against Unreasonable Search and Seizure and Geolocation
A recent American case has raised questions (more, again) about the future of privacy rights in the digital age and how to adapt current laws to an ever evolving technological world. On July 18, 2013,...
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Hamilton Tiger Cats Fail to Exercise Team Option on Star Receiver Due to...
Justice Pardu has quashed the decision of Arbitrator E.E. Palmer, and as a result (former) Hamilton Tiger Cats' wide receiver Chris Williams is free to explore greener pastures in the NFL. Williams had...
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Defending Quebec Against the Federal Government on Rules for Secession (Bill 99)
Instead of calling a fall election, the Parti Québécois government has decided, among other things, to devote resources to fighting the federal government over a court challenge to An Act respecting...
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Groupon Pays Over $500,000 to Settle Class Action Lawsuit
Justice Edward Belobaba has approved the settlement reached in the Groupon class action lawsuit. For those not familiar with Groupon, the company sells a variety of vouchers at a discount that can be...
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Are Reports to the Police Protected From Defamation Suits?
Preserving one’s reputation is a fine value – and one that the law of libel strives to protect. But it’s not absolute, and the law recognizes that some communications are so important that they must...
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Good Reasons for Giving Reasons
Administrative tribunals, in making decisions, are sometimes required by legislation to provide reasons for their decisions. Even where there is no legislative requirement to give reasons, principles...
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Lawyers and Their Clients: Who’s in Charge?
Lawyers who practice family law in Winnipeg are familiar with the Tuesday morning motions court, known as the “zoo” for reasons that will soon be obvious. For those unfamiliar with this docket court,...
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Court of Appeal Says Private School’s Decision to Expel Pot Smoking Student...
The Court of Appeal has unanimously ruled that a private school's decision to expel a student is not subject to judicial review. In September, 2012, the Divisional Court quashed Appleby College's...
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French Veil Ban Goes to European Court of Human Rights
On November 27, 2013, the European Court of Human Rights held a Grand Chamber hearing (which was broadcast on the Internet) in the case of S.A.S v. France (Application no 43835/11). The case concerns a...
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A Comment on Bedford
The Supreme Court of Canada was unanimous: our prostitution laws do more harm than good. The laws take a lawful activity and make it more dangerous. It is an important victory for sex workers and their...
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Bedford: A Significant but Cautious Victory
The Supreme Court of Canada’s much-anticipated decision in Canada (Attorney General) v Bedford (Bedford) represents an important victory for sex workers’ rights. Although there is a long road ahead in...
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Protection Against Copyright Infringement Strengthened by Robinson Case but...
On December 23, 2013, the Supreme Court of Canada rendered an important decision on copyright infringement in Cinar Corp. v. Robinson. The Court affirmed the trial judge’s finding that Cinar infringed...
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Real Estate Broker’s Failure to Disclose That It Was Acting for Both Buyer...
Justice Pollak of the Ontario Superior Court of Justice has ruled that a real estate broker is not entitled to nearly $18,000 in commission as a result of its failure to notify the seller that the...
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Fired for Being Too Pretty
I have wanted to write about this case for a while now, but waited to see if it would be appealed any further after last summer’s Iowa Supreme Court ruling. Unfortunately, it has not. On December 21,...
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Quebec Superior Court Invalidates Certain Provisions of the Pay Equity Act
A coalition of unions led by the Fédération interprofessionnelle de la santé du Québec (FIQ) has won a court challenge against certain provisions of the 2009 reform of Quebec’s Pay Equity Act. The...
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Objection? Filing a Settlement Reached in Another Jurisdiction
When can a party put into evidence a settlement reached between the parties, and to what end? In most cases, the answer is never. Not only are parties generally careful to insert a confidentiality...
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The Pastor Fred Phelps Has Died. Revisiting the Westboro Church’s...
The news last week that Fred Phelps, head of the Westboro Church had died, was not a particularly sad event for the vast majority of Americans. Fred Phelps had founded the « Primitive Baptist » Church,...
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