Introduction Most of us have heard of cyberbullying and the dreadful impact it has had on young people, even driving some of them to suicide. The incidence of bullying online is likely far greater than the average Canadian might expect. As a university professor, I (Bowal) receive menacing and … [Read more...]
Expropriating Land: A Balancing Act
Introduction The somewhat foreboding term “expropriation” in Canada describes the right of the government (the Crown or one of its agencies) to legally take real property (land), that is in private hands and apply it for a greater public use or benefit. This concept is called “compulsory purchase” … [Read more...]
After the Flood for Landlords and Tenants in Alberta
There has been substantial flooding in Alberta this spring. This means that there are some tenants and landlords who need information about renting and their rights after a flood. The Centre for Public Legal Education Alberta has developed an info sheet to help people understand their rights and … [Read more...]
Update: Helping Children and Teens Deal with Separation and Divorce
In LawNow's most recent issue, a very popular article has been "Helping Children and Teens Deal with Separation and Divorce". Here is another resource to add to the list! The Public Legal Information Association of NL has recently released material for children and youth living in Newfoundland … [Read more...]
Sperm Donor Dad Case Update
The BenchPress feature of the January/February issue of LawNow talked about the case of the British Columbia woman fighting to find out the identity of her sperm donor dad. She argued that her Canadian Charter of Rights and Freedoms right to equality under the law was breached by the province’s … [Read more...]
Bench Press 37-5: Give It Up!
A Calgary man, unhappy with the decision a Court of Queen’s Bench justice made in his family law case, didn’t appeal the decision. Instead, representing himself, he sued the judge, citing malicious misuse of process and malfeasance in public office. He relied on a New Zealand decision, which allowed … [Read more...]
Bench Press 37-5: Judicial Discretion Defended
The Ontario Court of Appeal, along with appeals courts in Manitoba and Nova Scotia, have baulked at having their discretion in sentencing curtailed by provisions in the federal government’s Truth in Sentencing Act. A unanimous three-judge panel agreed that sentencing judges retain discretion to … [Read more...]
Bench Press 37-5: Conspiracy Theory?
The British Columbia Court of Appeal has ruled that the tort of conspiracy has no place in family law. Jodie Waters sued her ex-husband and his new wife, claiming that they conspired to transfer assets so as to thwart her claim for child support. The Court of Appeal decided that there is … [Read more...]
Bench Press 37-5: Red Horse/Black Horse
A trademark dispute between Molson Canada and San Miguel Brewing International caused Justice Phelan of the Federal Court of Canada to begin his judgment with “The potential for the use of phrases such as ‘this is a horse of a different colour’ or equine and beer jokes jump out at one. The Court … [Read more...]
Bench Press 37-5: Texting with Telus
Telus is unique among telecommunications companies in that it briefly stores electronic copies of all text messages sent or received by its subscribers. Police in Ontario obtained a warrant obliging Telus to hand over any stored copies of text messages sent or received by two of its subscribers on a … [Read more...]
