Introduction Steve Moore grew up in Thornhill, Ontario. After graduating high school in 2001, he played hockey with Harvard University for a few years. In the 2003-04 season, he broke through to sign with the Colorado Avalanche of the National Hockey League (NHL), playing defense on the third and … [Read more...]
Post-Employment Legal Obligations
Introduction As with most relationships, employment relationships end. This may be by mutual parting, the employee quitting, or the employee being dismissed. The end of a relationship can mean that a few legal obligations continue. In this article, we briefly discuss the three principal … [Read more...]
Casey Hill and the Church of Scientology
Freedom of speech, like the other fundamental freedoms, is freedom under the law, and over the years the law has maintained a balance between, on the one hand, the right of the individual … whether he is in public life or not, to his unsullied reputation if he deserves it, and on the other hand … … [Read more...]
Protection and Prosecution: Falling at Work
Introduction Just before Christmas 2009, Mr. Murgappa Naiker died instantly after falling 18.5 feet from an open bucket while de-icing an airplane at the Calgary airport. He was not wearing his safety harness. He had 17 years experience as a de-icing ramp agent and had completed updated safety … [Read more...]
Nickel Shower: An Environmental Class Action
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 1313 Introduction In 1985, shortly … [Read more...]
The Law of Embellished Credentials
Introduction Human 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...]