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...]
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 Contents Featured Articles: The Law and Canada's Indigenous Peoples Special Report: Tough Decisions Departments Columns 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...]
