Originally argued in front of the Supreme Court of the United States (SCOTUS) last fall to lively online and media debate, the recent decision of NASA v Nelson (2011) 562 U.S. was released on January 19, 2011 to considerably less fanfare in the blogosphere. Background As discussed in my prior post about this case, at issue […]
Boehner Weighs in on Birthers Three years after being elected President, rumours that Barack Obama was not born in the United States are still floating about. That seems to be the state of things after House Speaker, Republican John Boehner’s comments over the weekend on NBC’s “Meet the Press” that, although he believes Obama was […]
On February 4, 2011, the Supreme Court of Canada ("SCC") reasserted its support for interim costs in relation to public interest litigation in R v Caron, 2011 SCC 5. In this case, the SCC had to determine for the first time whether a superior court could grant interim costs in favour of litigants participating in proceedings […]
The state may withhold so-called "secret evidence" in court proceedings, even if it means an alleged criminal may walk free. In a decision which delicately balances individual liberties with the state's obligation to protect society by preventing the disclosure of information that could pose a threat to national defence/security, the Supreme Court of Canada ("SCC") has […]
On February 3, Juliane Kokott, the German Advocate General at the European Court of Justice ("ECJ"), published her opinion in a watershed case that could significantly impact on entertainment companies who have, until now, guarded exclusive rights to broadcasting live sports events – most notably, "football" (or "soccer"). Though non-binding, Kokott's official advice to the […]
Over the December holidays, I succumbed to Apple’s iPhone 4: 9.3 mm thin, recyclable aluminosilicate glass, retina display, A4 chip, Camera & LED…it’s everything I ever wanted in a phone! Moreover, I get a solid half an hour of Angry Birds playtime on my subway rides up to Osgoode Hall Law School, conveniently located on […]
This Valentine’s Day signifies another year of recovery from the Global Financial Crisis (“GFC”) in markets around the world. Although there are some promising economic signs, part of the recovery is much less romantic and more about pointing fingers. There has been a wave of white-collar crime cases directed at those alleged to have acted […]
Lawsuit Follows Super Bowl Seating Fiasco Although Super Bowl XLV has become the most watched television program in history, the seating fiasco at the stadium has prompted legal action from some ticket holders: a class-action lawsuit against the Dallas Cowboys owner Jerry Jones, the Dallas Cowboys , and the NFL seeking $5 million in damages. […]
The Supreme Court of Canada ("SCC") is currently considering the very modern problem of Alexandre Dubé’s capital gains tax woes. As a member of the Obejiwan First Nation (as defined by the Indian Act, RSC 1985, c I-5), living on a reserve in Quebec, many of Mr. Dubé’s sources of income are exempt from federal and […]
On January 20, 2011, the Supreme Court of Canada ("SCC") released its decision in Celgene Corp v Canada (Attorney General), 2011 SCC 1. In this case the SCC had to determine whether the Patented Medicine Prices Review Board (“Board”) correctly interpreted the Patent Act, RSC 1985, c P-4 [the Act]. Technically, this issue is one […]