For many Internet users, the year started off inauspiciously. SOPA, the Stop Online Piracy Act, was introduced in the United States House of Representatives. It swiftly put websites out of business and people all over the world protested online and on the streets. The United States Supreme Court, rather quietly, came out with their decision […]
In their recent decision in Nygård International Partnership v Canadian Broadcasting Corporations (Nygard v CBC), 2012 MBCA 8, the Manitoba Court of Appeal dismissed the Canadian Broadcasting Corporation’s (CBC) motion to strike out Nygard’s statement of claim accusing the CBC of committing a series of economic torts. The case is interesting not only because of its high […]
In May of 2011, the Supreme Court of Canada granted Teva Canada leave to appeal the Federal Court of Appeal’s decision, Teva v Pfizer, 2010 FCA 242. At issue is Patent ‘446 (July 2008; expires in 2014), which covers Pfizer’s sildenafil-based drug for treating erectile dysfunction (ED). Pfizer originally patented sildenafil in 1998 to treat […]
If a tree falls on a car, does it constitute a car accident under Quebec’s car insurance scheme? The Supreme Court of Canada will have the opportunity to rule on this matter next week when it hears City of Westmount v Richard Rossy et al.
Saskatchewan Essential Services Legislation Deemed Unconstitutional A Saskatchewan Court of Queen’s Bench justice recently struck down a controversial piece of legislation that denied public sector workers the right to strike. The legislation was deemed unconstitutional for infringing on public sector workers’ rights to freedom of association, guaranteed by section 2(d) of the Charter of Rights […]
In Canada (Canadian Human Rights Commission v Canada (Attorney General), [2011] 3 SCR 471, the issue originated in a human rights complaint with the Canadian Human Rights Commission (CHRC), with a claimant alleging that the Canadian Forces had discriminated against her on the ground of sex. The Tribunal awarded damages, and the claimant then applied […]
(The Mabior and D.C. appeals will be heard at the Supreme Court of Canada tomorrow. As the highest court prepares to hear arguments on the appropriate legal response to HIV non-disclosure, the Canadian HIV/AIDS Legal Network - an intervener in this case - has brought the intricacies of its argument to TheCourt.ca. Read Part 1 […]
On February 8, the Supreme Court of Canada will hear Crown appeals in two cases that will determine whether and when people living with HIV are to be treated as rapists under Canadian law. In R v Mabior, 2010 MBCA 93, and R v DC, 2010 QCCA 2289, the Manitoba and Quebec Courts of Appeal, […]
For over a century, common law courts have grappled with the question of whether or not to recognize a cause of action in tort for invasion of privacy. In 1937, Latham CJ held in Victoria Park Racing that “any person is entitled to look over the plaintiff’s fences and to what goes on in the […]
Jeffrey Allan Ashmore’s final attempt to have his first degree murder conviction overturned on Charter grounds failed on Thursday when he was denied leave to the Supreme Court of Canada. Ashmore was convicted at trial and appealed to the British Columbia Court of Appeal on the basis that his section 9 and section 10(b) rights […]