Introduction The recent Smith v. Inco Limited case is the first Canadian environmental class action lawsuit to proceed through a trial and appeal. It shows how the courts mediate between the interests of industry and of private landowners.Inco refined nickel near the small southern Ontario city … [Read more...]
Defamation by Hyperlink
Introduction The Supreme Court of Canada’s 2011 decision in the case of Crookes v. Newton is a prime example of how individual rights as ephemeral as reputation must be balanced with other freedoms, such as expression, in this powerful, evolving medium of the Internet. Facts Website owner Jon … [Read more...]
Bills of Rights in Canada
When Canadians think of human rights law, the Charter of Rights and Freedoms and their provincial human rights Acts are most likely to come to mind. These are the best known and most important human rights instruments. But what is a Bill of Rights and how is that different from these other two human … [Read more...]
The Confidentiality of Commercially Valuable Information
Introduction: the Cymbal Business In an age when multi-billion dollar companies struggle to survive, a small family-owned company called Zidjian continues to manufacture cymbals as it has for almost four hundred years. It controls almost 65% of the world’s cymbal market, with annual revenues close … [Read more...]
Whatever Happened to … R. v. Sault Ste. Marie: the Due Diligence Defence
There is an increasing and impressive stream of authority which holds that where an offence does not require full mens rea, it is nevertheless a good defence for the defendant to prove that he was not negligent. – R. v. Sault Ste. Marie, per Dickson J. at page 1313Introduction In 1985, shortly … [Read more...]
The Law of Embellished Credentials
IntroductionHuman resources professionals say up to 30% of claims on resumes of job applicants have been exaggerated. Job seekers, inclined to present themselves in the best possible light, are tempted to inflate their credentials, especially during recessionary times when jobs are scarce and … [Read more...]
Whatever Happened To … Roncarelli v. Duplessis
[A]ction dictated by and according to the arbitrary likes, dislikes and irrelevant purposes of public officers acting beyond their duty, would signalize the beginning of disintegration of the rule of law as a fundamental postulate of our constitutional structure. – Roncarelli v. Duplessis, … [Read more...]
American and Canadian Election Laws: Top 10 Differences
IntroductionThere are distinct differences in Canadian and American federal election law and practices. For example, while the processes differ, American primaries are essentially party nominations in Canada. The American process for drawing constituency boundaries (often referred to as … [Read more...]
Gambling with your Taxes: Are Gambling Winnings a “Prize” Under the Income Tax Act?
During the recent summer Olympic Games we learned that Canadians, Americans and athletes from other countries receive a financial bonus for each medal they win, the size of the bonus depending upon the colour of the medal. This income is also taxed, a fact that is stirring legislators in the U.S. … [Read more...]
Whatever Happened To… The Edmonton Journal and Freedom of the Press in Canada
Every person who is the proprietor, editor, publisher or manager of any newspaper published in [Alberta], shall when required to do so by the Chairman [of the Social Credit Board], publish in that newspaper any statement furnished by the Chairman which has for its object the correction or … [Read more...]
