At a time when York University and the University of Windsor have experienced disruptions due to labour disputes, it seems unusually timely that the Ontario Court of Appeal would deliver a resounding re-articulation of the right to collective bargaining as found in s. 2(d) of the Charter. On its face, the decision in Fraser v […]
The election of President-elect Barack Obama on November 4th was a euphoric moment for socially progressive American voters. The jubilation, however, was attenuated by the simultaneous passage of anti-gay legislation in four states. California, Arizona and Florida voted to ban same-sex marriages while, in a move targeting gays and lesbians, Arkansas banned unmarried couples from […]
On Thursday, November 20, 2008, the Supreme Court of Canada ("SCC") will release judgment in several applications for leave to appeal, including the case of Garratt v Orillia Power Distribution Corporation, 2008 ONCA 422, which involves the tort of negligence. On November 6, 2002, Lynda Garratt, the plaintiff, was driving under an overpass on Highway […]
On November 13, 2008, the Supreme Court of Canada ("SCC") heard Judy Ann Craig’s appeal of a judgment rendered against her by the British Columbia Court of Appeal ("BCCA"). Ms. Craig’s appeal was heard alongside R c Ouellette, 2004 CanLII 26616 (QCCQ) and R v KT Nguyen; R v NT Nguyen, 2007 BCCA 474, but […]
The Supreme Court of Canada dismissed application for leave to appeal on October 30, 2008 in Tsuu T’ina Nation v Bearchief 2008 ABCA 74 [Tsuu T’ina Nation]. Jakki Warkentin canvassed the facts of the case in her November 4, 2008 post, and therefore it is unnecessary to provide complete details again at this time. Instead, it […]
Hyperlinking (the practice of publishing a link to a webpage or file), introduced with it a number of legal questions regarding publication and copyright infringement when the practice became commonplace. In the United States, many of these issues were resolved in Ticketmaster v Tickets.com, 2003 US Dist LEXIS 6483, where the court found that the practice of […]
On 14 November 1997, fourteen-year-old Reena Virk was swarmed and beaten by a group of teenagers in Victoria, B.C., at the south end of the Craigflower Bridge. After the beating, bloodied and bruised, Virk made her way across the bridge to head home. Two of the original attackers, Warren Paul Glowatski and Kelly Marie Ellard, […]
Yesterday, Jeremy Barretto canvassed the Supreme Court of Canada’s ("SCC") most recent decision in Apotex Inc v Sanofi-Synthelabo Canada Inc, [2008] 3 SCR 265 [Apotex] concerning selection patents. Since Jeremy already surveyed the facts, procedural history, and analyses of the case, I will focus today on the issue of obviousness, noting some distinctions between the obviousness standard set out […]
On Thursday November 6, 2008 the Supreme Court of Canada ("SCC") released its decision in Apotex Inc v Sanofi-Synthelabo Canada Inc, [2008] 3 SCR 265. This intellectual property case involves a dispute over selection patents between Apotex Inc. ("Apotex"), a generic drug manufacturer, and Sanofi-Synthelabo Canada Inc ("Sanofi") who held the original patent. TheCourt published […]
In recent years, same sex marriage has become one of the hottest legal and political topics worldwide. Latin America is no exception to this rule. Recently, in September 2007, the National Civil Court of Appeals, (“Cámara Nacional de Apelaciones en lo Civil”), rejected an injunction brought by a couple of two women that wanted to […]