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 Marti
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 Marti
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 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 contra
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 contra
law 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 com
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 com
court 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.