The Ontario Court of Appeal this year in R. v Nguyen [2015] )NCA 278 has decided that the spousal incompetency rule, which forbids spouses to be compelled to testify against each other, and spousal privilege, does not extend to common-law couples [1]. A very clear line has been drawn between those … [Read more...]
R v Fearon : Can Police Search a Cellphone Upon Arrest?
Important Update: Please see the article by Juliana Ho about the Supreme Court of Canada ruling in R. v Fearon. The Supreme Court of Canada decided that the police search of Mr. Fearon's cellphone did breach his Charter s. 8 right to be free of unreasonable search and seizure but decided that … [Read more...]
Public Television Association of Quebec v. Minister of National Revenue: A case comment
This past July, the Federal Court of Appeal released its decision in Public Television Association of Quebec and Minister of National Revenue (P.T.A.Q.). The decision remains subject to potential appeal to the Supreme Court of Canada. The outcome reinforces the status of Canadian charity law as an … [Read more...]
Organizations Need to Build their CASLs: Information for Non-Profits and Registered Charities
What is CASL? CASL stands for Canada's Anti-Spam legislation. This anagram is the unofficial name for a new law that came into force across Canada on July 1, 2014. Because it is a federal law, it will apply to not-for-profit organizations and, with some limited exceptions, to registered charities … [Read more...]
The CFL, Concussions, and a $200 Million Court Case
It was only a matter of time before the Canadian Football League (CFL) would be named in a concussion class action lawsuit. On the heels of the first CFL concussion lawsuit filed last year in The Supreme Court of British Columbia, a class action suit being filed last year against the National Hockey … [Read more...]
Bhasin v Hrynew – An Innovative Expansion of the Common Law Doctrine of Good Faith
The creation of “a general duty of honesty in contractual performance” by the Supreme Court of Canada in Bhasin v Hrynew, 2014 SCC 71 [Bhasin SCC] simply recognizes that “parties must not lie or otherwise knowingly mislead each other about matters directly linked to the performance of the contract” … [Read more...]
Porter Airlines: A case study in CASL
On June 29, 2015 the Canadian Radio and Television Commission (CRTC) announced that Porter Airlines Inc. had agreed to pay $150,000 as part of an undertaking in respect of alleged violations of Canada's Anti-Spam Law (CASL). CASL requires consent to send commercial electronic messages to an … [Read more...]
Some Observations about Evidence in the Electronic Age
Case Commented On: Kon Construction v Terranova Development, 2015 ABCA 249 This Court of Appeal decision concerns a dispute over the performance of a contract. Terranova retained Kon Construction to grade lands for residential development. The work was to be done in 2005 but was delayed into 2006 … [Read more...]
Do I Need A Lawyer To File For Bankruptcy?
If you are struggling with more debt than you can repay, you may be considering either bankruptcy or a consumer proposal to help you deal with those debts. If you are, then you need to speak with someone who is a licensed Bankruptcy Trustee; in Canada, that person is not a lawyer. A Bankruptcy … [Read more...]
Using Waiver Agreements in Sports
As a professional working on the legal side of sport and recreation, I am often asked questions along the lines of the following: "When I register my child in a program, we are asked to sign a waiver form. Do these have any legal validity?" What follows is my answer to a not-so-simple … [Read more...]
