Sentences with phrase «canadian court of law»

Written consent is not the only form of consent accepted in a Canadian court of law.
Good e-Reader is a registered Canadian Corporation and any legal action against Good e-Reader, the Good e-Reader App Store and Oakbranch Media Inc shall exclusively be dealt with in a Canadian Court of Law in Vancouver, British Columbia Canada.
The duty of honest contractual performance is a duty imposed by Canadian Courts of law on all contracts in Canada.

Not exact matches

In 1989 the Supreme Court upheld the right of Canadian lawyers to form partnerships across the provinces, ushering in an era of unprecedented expansion for law firms.
«Their efforts to undermine the agreements were dishonourable and deserving of censure,» the Appeal Court said in its ruling, noting, however, that the state of Canadian law around grey marketing remains unsettled.
A new book on the Canadian workplace — Work on Trial: Canadian Labour Law Struggles, edited by Judy Fudge and Eric Tucker — provides an engaging and accessible account of various labour battles in the courts over the past 85 years involving human rights, employment fairness and union recognition.
There are a number of examples in Canadian case law where issuers were attempting to sell «utilities» or something similar to modern day tokens and coins, where the court simply didn't buy the argument.
Moreover, it seems very likely that limitations now included in the Canadian law (age of majority, closeness to natural death) will be removed over time, again by the courts.
Last year, Canada's Supreme Court unanimously decided that laws criminalizing assisted suicide are unconstitutional and in violation of the Canadian Charter of Rights and Freedoms.
One other feature of Canadian law that tends to discourage parties from suing physicians for malpractice is that the Supreme Court has set out guidelines that effectively cap awards for pain and suffering in all but exceptional cases.
I have reviewed, in my discussion of the inherent authority of superior courts, why everyone who is in Canada is subject to Canadian law and the Canadian courts.
The Canadian suit has been handled by a consortium of law firms before a Ontario Superior Court judge in Toronto.
A few years ago, a Canadian court ruled against a blogger who accused a law student of lying to the Ontario Human Rights Commission and supporting extremist violence.
Experts say the biting unanimous decision in Canada (Attorney General) v. PHS Community Services Society preventing the closure of North America's only safe - injection site for drug addicts has implications for the challenge to Canadian adult prostitution laws that is working its way through the courts.
Every day, Canadian courts and tribunals help resolve thousands of cases under the rule of law in a civilized, fair, impartial and independent manner.
The Court cited the test of originality in CCH Canadian Ltd. v. Law Society of Upper Canada, 2004 SCC 13 and noted that» An original work is the expression of an idea through an exercise of skill and judgment... Infringement consists of the unauthorized taking of that originality» per Cinar Corporation v. Robinson, 2013 SCC 73.
Canadian courts could strike down the country's anti-prostitution laws if judges follow the logic of a landmark Supreme Court of Canada ruling on drug policy that came out last week.
Mona Datt is the founder of Loom Analytics, a Canadian case law analytics platform that provides metrics such as win / loss rates and turnaround times for Canadian courts.
Focused on collecting stories from Nova Scotians about their experiences with legal services and the justice system, the project brings together NSBS, the Nova Scotia Department of Justice, the Courts of Nova Scotia, Nova Scotia Legal Aid, the Schulich School of Law at Dalhousie, the Nova Scotia branch of the Canadian Bar Association and a public representative.
On claims broader, following a review of Canadian case law, the court found the functional claim parameters were «readily understandable» by a skilled person and there was no indication that those parameters would not treat psoriasis.
Justice Mew referred to the decision of the Paris Court of Appeal in SA Auto Guadeloupe Investissements v Colombus Acquisitions Inc, RG 13 / 13459 (cour d'appel de Paris, 14 October 2014), in which the court declined to enforce an award because Canadian arbitrator Henri Alvarez did not fully disclose a conflict of interest relating to his law firm, Fasken MartiCourt of Appeal in SA Auto Guadeloupe Investissements v Colombus Acquisitions Inc, RG 13 / 13459 (cour d'appel de Paris, 14 October 2014), in which the court declined to enforce an award because Canadian arbitrator Henri Alvarez did not fully disclose a conflict of interest relating to his law firm, Fasken Marticourt declined to enforce an award because Canadian arbitrator Henri Alvarez did not fully disclose a conflict of interest relating to his law firm, Fasken Martineau.
This week, at the suggestion of Jordan Furlong, I've been exploring CanLII Connects, a site that does something similar for Canadian law, drawing on the legal community at large — as well as on blogs and publications — to provide commentary on and analysis of Canadian court decisions.
«finally affirms for all Canadians that the courts of this country are a public good and that under the Rule of Law -LSB-...] access to the courts is for everyone»
The necessary remedy is for the courts to use the Canadian Charter of Rights and Freedoms (Part I of The Constitutional Act, 1982), much more aggressively against governments and law societies because they control the resources necessary to make the justice system work adequately.
While the Canadian Bar Association is usually busy intervening in court cases, making submissions to government, commenting on proposed legislation and supporting members, it's not every day that the CBA is called upon to help the public understand the nuances of a pressing national issue which raises concerns about the rule of law.
For greater detail as to how this «trial penalty» system works, see: (1) «The Triumph of Plea Bargaining,» (2011), 85 Criminal Reports (6th) 29; and, (2) «Plea Bargaining Is Sentencing,» (2009) 14 Canadian Criminal Law Review 55, particularly this exchange of comments between a Superior Court Justice and the Crown, which clearly shows the presumptive power given the Crown's sentencing recommendations (at p. 59):
However, I have added to the Case Law page on my legal research and writing website a chart of links for accessing Canadian court dockets (and for those jurisdictions who do not provide access, I provide a link to contact the court registry).
One of the two men accused of an al Qaeda - backed plan to derail a passenger train in Canada questioned the authority of Canadian law to judge him, telling a court on Wednesday the Criminal Code is imperfect and is not a holy book.
A webpage of the Supreme Court of Canada states, inter alia: «Law Clerk Program: «Qualifications — Bachelor of Laws or Juris Doctor from a recognized Canadian university or its equivalent.»
[18] To the extent the doctrine of champerty and maintenance remains relevant in Canadian common law, even as means of protecting the courts and vulnerable litigants against abuses, its purpose is not and was never intended to be achieved by conferring on the courts the discretion to inquire into and approve or disapprove of a plaintiff's funding arrangements as a condition precedent to instituting or pursuing litigation.
I stumbled across part of the Philip C. Jessup International Law Moot Court Competition website, where I found a good swathe of the 6th edition of the Canadian Guide to Uniform Legal Citation available online in PDF.
Here's a random list of this year's winners and finalists: Canadian Legal History Blog, ClickLaw, Legal Feeds, Legal Post, Slater Vecchio Connected, Doorey's Workplace Law Blog, Legal Frontiers: McGill's Blog on International Law, The Court, Entertainment and Media Law Signal... more»
In a recent request to the Canadian Association of Law Libraries listserv I asked colleagues the current state of online access to Canadian court dockets.
Canadian courts continue to cite Consolboard for the definition of utility in Canadian patent law.
On LexisNexis Quicklaw, the secondary content includes the major encyclopaedias Halsburys Laws of Canada and Juris Classeur Quebec, as well as over 300 Canadian authored texts and treatises, an extensive collection of law reviews and journals, the Canada Digests and Classification System, Case and Statute Citators, and Words and Phrases, and in - depth collections of the cases of courts and administrative tribunals and legislation.
A caveat applies that the Supreme Court of Canada separately considered the constitutional and the international aspects of secession whereas the democratic aspects of independence referendums were expressly based on Canadian constitutional law.
In particular, the court noted [at paragraph 29] the established principle that «though discretionary decisions will generally be given considerable respect, that discretion must be exercised in accordance with the boundaries imposed in the statute, the principles of the rule of law, the principles of administrative law, the fundamental values of Canadian society, and the principles of the Charter.»
Justice David Stratas of the Federal Court of Appeal gave an excellent talk at the Canadian Constitution Foundation's Law and Freedom Conference on January 8, 2016.
Child Custody and Parenting Orders Emergency Protection Orders Exclusive Possession Orders Financial Support Options Gathering Evidence of Abuse If You're Thinking of Leaving Leaving an Abusive Relationship... If you are not a Canadian citizen No Contact Orders — Flowchart Peace Bonds Planning for an Emergency Preparing for Court Queen's Bench Protection Orders Restraining Orders Serving Documents on an Abusive Party Working with a Family Law Lawyer Writing an Affidavit
Vancouver, BC [September 13, 2016]-- Two individuals and the Council of Canadians with Disabilities filed a legal action in the BC Supreme Court today to challenge a BC law that forces psychiatric treatment on people without their consent.
By James Cooper www.selfreplawyer.ca In the decade since the Canadian Judicial Council published its Statement of Principles on Self - Represented Litigants and Accused Persons, there has been a developing body of case law across Ontario that recognizes the obligation of trial judges to sensitize themselves to the unique needs of litigants who represent themselves at court.
Citing the Canadian Judicial Council's «Statement of Principles on Self - Represented Litigants and Accused Persons», the Court went on to make a ruling that included an explanation of law and in particular procedure and limitations.
Most Canadian provinces provide for judicial oversight of prenuptial agreements but the standard of judicial review varies from province to province For example: - Ontario's Family Law Act permits a court to set aside a prenuptial agreement or any portion thereof if a party failed to disclose significant assets or liabilities, if a party did not understand the nature or consequences of the contract, or otherwise, in accordance with the law of contraLaw Act permits a court to set aside a prenuptial agreement or any portion thereof if a party failed to disclose significant assets or liabilities, if a party did not understand the nature or consequences of the contract, or otherwise, in accordance with the law of contralaw of contract.
The Commissioner is an advocate for the privacy rights of Canadians and her powers include: Investigating complaints, conducting audits and pursuing court action under two federal laws - Privacy Act and Personal Information Protection and Electronic Documents Act (PIPEDA); Publicly reporting on the personal information - handling practices of public and private sector organizations; Supporting, undertaking and publishing research into privacy issues; and Promoting public awareness and understanding of privacy issues.
The Federal Court of Appeal struck down U.S. Steel's efforts to overturn Canadian investment law — the second such court decision to go against the company — after almost two years of procedural and legal challenges by the Pittsburgh - based comCourt of Appeal struck down U.S. Steel's efforts to overturn Canadian investment law — the second such court decision to go against the company — after almost two years of procedural and legal challenges by the Pittsburgh - based comcourt decision to go against the company — after almost two years of procedural and legal challenges by the Pittsburgh - based company.
This and other mechanisms by which some courts have historically sought to control recovery for mental injury are, in my respectful view, premised upon dubious perceptions of psychiatry and of mental illness in general, which Canadian tort law should repudiate,» he added.
Just as the current edition took a major step forward by elimination of the heretofore sacrosanct, but totally useless period, in legal citation, the editors of the Guide to Canadian Legal Research are able to introduce reality into the practice of citing court decisions by a few simple changes to the recommended Hierarchy of Sources for case law.
In fulfilling their mandates to protect the public, law societies have implemented an anti-money-laundering regime for members of the Canadian legal profession that respects the fundamental rights of all Canadians as affirmed by the Supreme Court of Canada.»
If you look at the BBC's news website, the headline item is the Khadr interrogation video released as a result of Minister of Justice, Attorney General of Canada, Minister of Foreign Affairs, Director of the Canadian Security Intelligence Service and Commissioner of the Royal Canadian Mounted Police Appellants v. Omar Ahmed Khadr Respondent — and — British Columbia Civil Liberties Association, Criminal Lawyers» Association (Ontario), University of Toronto, Faculty of Law — International Human Rights Clinic and Human Rights Watch Interveners, in which the court held that
The court thoroughly reviewed US and Canadian law on the topic and recited a number of factors that might support a finding that a «browsewrap» contract (i.e. one that did not depend on any active assent to its terms, but that operated by mere use of the web site) would be enforceable.
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