Ronald Carrigan had a legal spouse, whom he married in 1973, and a common law spouse, whom he began living with in 2000. He died in 2008. Both spouses claimed the death benefit under his pension. One provision of the Ontario Pension Benefits Act states that the person who is his or her spouse on the … [Read more...]
Trial Judge Plagiarism
Two judges, one in British Columbia and one in Alberta have been found to have copied large amounts of material filed by the parties arguing cases before them into their judgments. Justice Lee of the Alberta Court of Queen’s Bench was criticized by the Alberta Court of Appeal for issuing two sets of … [Read more...]
Bench Press: Sperm Donor Dads Remain Anonymous
A British Columbia woman who wants to know the identity of her sperm donor father has been turned down by the British Columbia Court of Appeal. She challenged the provincial Adoption Act, arguing that her Charter right to equality under the law was breached because adopted children could access … [Read more...]
The Supreme Court Changes Direction: Disability and Discrimination
The case law on disability and discrimination has had its highs and lows over the past decade and a half. A recent decision of the Supreme Court of Canada, Moore v British Columbia (Education) 2012 SCC 61 (“Moore”), provides hope for those with disabilities, particularly learning disabilities, and … [Read more...]
37-2 | Nov-Dec 2012
Table of ContentsFeature: Elections and the LawSpecial Report: Privacy LawDepartmentsColumnsFeatured Articles: Elections and the LawFree and fair elections are the cornerstones of democracies. This issue of LawNow examines elections law in Canada and around the world.American and Canadian … [Read more...]
Bench Press: Special Needs; Special Education
The Supreme Court of Canada has ruled that a British Columbia school district discriminated against a dyslectic student when it did not provide the remedial help he needed at his public school. The child ended up in private school, at great expense to his parents. The B.C. Human Rights Tribunal … [Read more...]
Relocation Advisory Guidelines – an idea whose time has come?
Law professor Nicholas Bala of Queen’s University in Kingston, Ontario, took a close look at 750 Canadian cases1 where one parent asked for the court’s permission to move a child against the other parent’s wishes. Even though mobility cases seem ‘rule-less’ and the decisions give the impression of … [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 Constitutions of the Maritime Provinces
To understand the constitutional makeup of Canada, one must appreciate an important historical fact: the constitutional heritage of the country is older than the country itself. This is so because several of the provinces that would eventually become part of the Dominion of Canada had their own … [Read more...]
