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 249This 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...]
Lessons from the Truth and Reconciliation Commission
Antoine was mid-40s, tall and lean with shoulder length black hair. I met him in jail to prepare his sentencing for stealing lotto tickets from a corner store and many breaches of his release condition not to drink. He had never served federal time but had spent more than half of his past 20 years … [Read more...]
Vol 39-5: The Law and Canada’s Indigenous Peoples
Full PDF of this issue Table of ContentsFeatured Articles: The Law and Canada's Indigenous PeoplesSpecial Report: Tough DecisionsDepartmentsColumns Featured Articles: The Law and Canada's Indigenous Peoples The Inuit live in Canada, Greenland, Russia, Denmark, and Alaska. … [Read more...]
The Vexatious Litigant
Vexatious litigation generally involves legal proceedings brought solely to harass or oppress the opposing party. Vexatious litigation may range from a first-time, frivolous lawsuit to repetitive, meritless applications brought within an otherwise proper lawsuit. In a nutshell, vexatious litigation … [Read more...]
Supreme Court of Canada Addresses Jury Composition and Aboriginal Equality
A few months ago, this human rights column was about the Ontario Court of Appeal’s decision in R v Kokopenace, 2013 ONCA. The major issues in Kokopenace were the scope of the right to representativeness on the jury roll (a list of persons who are eligible to serve on a jury) under sections 11(d), … [Read more...]
The Supreme Court of Canada: A History
The leading role of the Supreme Court of Canada is no longer in dispute, but there was a time when it had to struggle to establish its authority.The history of the Court began with section 101 of the Constitution Act, 1867, which allowed Parliament to establish a “General Court of Appeal for … [Read more...]
Democratic Governance: The Constitution and Canada’s Branches of Government
Canada has a constitutionally recognized federal government and constitutionally recognized provincial governments.Canada is a “constitutional monarchy,” which is a form of government where monarchs act as the political heads of state but their powers are kept within the boundaries of that … [Read more...]
