As Tony Montana in Scarface, Al Pacino delivers one of the most memorable lines in the movie: “I always tell the truth. Even when I lie.” This concern is lodged at the centre of the recent Supreme Court of Canada decision in R. v. D.A.I., 2012 SCC 5. Specifically, the Court tackled the question of what it […]
In a recent reference, the Supreme Court of Canada confirmed that when Internet Service Providers (ISPs) provide consumers with access to “broadcasting” programs through the Internet, they do not carry on “broadcasting undertakings” and are thus not subject to the Broadcasting Act (the “Act”). The Reference re Broadcasting Act, 2012 SCC 4, came about in […]
Between a Hoof and a Hard Place John Craig is a Toronto lawyer with a successful practice in securities, M&A, and mining law. In his spare time, he breeds and raises horses. Although his income is largely derived from his position as a partner at Cassels Brock, his horse breeding activities have been defined as […]
Twitter Ordered to Hand Over User’s Private Information The nature of privacy rights in the digital age are being challenged once again after a judge in the United States ordered the social media site Twitter to surrender information that was allegedly obtained by hacking into police websites to the Boston district attorney. The decision came […]
A cutting-edge argument is before the Federal Court courtesy of lawyer Lorne Waldman. The facts stem from the high-profile case of Canadian citizen Bashir Makhtal. Makhtal has been held in an Ethiopian jail since he was sent there from Kenya in 2006. Makhtal faces a life-sentence in a process human rights organizations assert his rights […]
A few years ago I was in Amsterdam with a friend. Unfamiliar with the canal system frenzy, we accidentally found ourselves lost in the notorious Red Light District. As twilight turned to darkness, women began filling the windows of the brothel-laced streets in their invitation to treat. Several wrong turns later, we were completely lost […]
If you speak to first year law students, many will tell you that the doctrine of material contribution is perhaps the most ambiguous aspect of Canadian tort law. The Supreme Court of Canada has an opportunity to clarify the material contribution test when it releases its decision in Clements (Litigation Guardian of) v Clements, which […]
In my last post, I wrote about racism in the legal profession, questioning the degree to which existing institutions and legal tests can meaningfully recognize and accommodate its often systemic nature. This week, another case implicating race came to my attention, reinforcing the argument that meaningful engagement with racism requires something more than lip service. […]
A unique argument is before the Ontario Court of Appeal (OCA) regarding the case of an Ontario Aboriginal facing extradition and criminal charges in Minnesota, United States. The case has advocates arguing the Canadian government’s unique obligation towards the Aboriginal community, under s.718.2(e) of Canada’s Criminal Code, should prevent an extradition where the accused faces […]
Causation is often the most difficult element to prove in a negligence action. The but for test, most famously articulated by Athey v Leonati, [1996] 3 SCR 458, helps to ensure fairness by requiring the plaintiff to prove on a balance of probabilities that “the injury would not have occurred but for the negligence of […]