Revisiting R v. S. (R.D.), 1997: A Case About a Black Judge on “Trial” for Acquitting a Black Boy

“It wasn’t that long ago in Canada when our justice system put a Black judge on trial for acquitting a Black boy of allegedly running his bike into an officer’s leg – her offence? Speaking truth to power by stating that sometimes police over-react when dealing with Black youth.” – Professor David Tanovich @dtanovich  In R … Continue reading Revisiting R v. S. (R.D.), 1997: A Case About a Black Judge on “Trial” for Acquitting a Black Boy

When are Contracts of Adhesion Binding?

In the Internet age, contracts of adhesion are common. Consumers routinely confirm their acceptance to terms and conditions that they have not read or understood. In Apps v. Grouse Mountain Resorts Ltd., 2020 BCCA 78, the court addressed when contracts of adhesion are binding. In this case, a snowboarder from Australia was injured in the … Continue reading When are Contracts of Adhesion Binding?

Privacy Rights in the Internet Age and The New Tort of Public Disclosure of Private Facts

“Society has been scrambling to catch up to this problem [the publication of intimate photos or videos online without consent] and the law is beginning to respond to protect victims.” – Justice Stinson in Jane Doe 464533 v N.D., 2017 ONSC 127 Gradually courts have been awarding damages for the tort of public disclosure of … Continue reading Privacy Rights in the Internet Age and The New Tort of Public Disclosure of Private Facts

Is Selling Prescription Eyewear Online Legal?

Nowadays you can buy almost anything online: clothing, food, glasses, jewelry, medication, mattresses, and the list goes on. So is there a problem with buying prescription eyewear online? The College of Optometrists of Ontario thought so. The College launched a court application against Essilor Group Canada Inc. for operating the online retailer Clearly.ca and Coastal. … Continue reading Is Selling Prescription Eyewear Online Legal?

Book Review: The Contracts Handbook – A Practical Guide to Reviewing, Revising and Negotiating Commercial Contracts

In “The Contracts Handbook: A practical Guide to Reviewing, Revising, and Negotiating Commercial Contracts”, Margaret Kerr explains contracts in simple terms. An excerpt of the book can be found here: The Contracts Handbook. Most contract textbooks are written with the litigator in mind. Instead, this textbook is written for those that negotiate and draft contracts. The textbook … Continue reading Book Review: The Contracts Handbook – A Practical Guide to Reviewing, Revising and Negotiating Commercial Contracts

The Importance of the Principle of Open Court

In the decision, Danso v Bartley, 2018 ONSC 4929, Justice Myers discusses the law regarding publication bans. Publication bans are rarely granted. In Danso v Bartley, Ms. Bartley was claiming that Mr. Danso was the father of her child. In response, Mr. Danso launched a lawsuit. Mr. Danso claimed that he did not have sex with her. … Continue reading The Importance of the Principle of Open Court

Moving for Partial Summary Judgment: Mason v. Perras Mongenais

In Mason v Perras Mongenais, 2018 ONSC 1477, Mason sued two law firms and a lawyer for professional negligence. Mr. Mason hired the lawyer Mr. Chambers to represent him in his divorce proceeding. During the divorce proceeding, Mr. Chambers retained a tax lawyer (Mr. Perras) to advise on tax matters within the divorce proceeding. Mr. … Continue reading Moving for Partial Summary Judgment: Mason v. Perras Mongenais

Time for a Culture Shift: Seepa v Seepa

“Procedural gamesmanship, incessant delay, and discovery without end have brought the civil justice system to the brink of a crisis.” Justice Myers in Letang v. Hertz Canada Limited, 2015 ONSC 72 Delay is endemic in civil cases.  It is a disease. It eats away at our justice system. And there appears to be no end. Especially … Continue reading Time for a Culture Shift: Seepa v Seepa

Saaditi v Moorhead: Case Comment

In Medieval Europe, deciding guilt or innocence was sometimes decided by trial by ordeal. It was believed that the holy water would reject a liar. So they would tie up an accused person and throw him in the water. If you floated, you were guilty. If you drowned, you were innocent. Has the law evolved much … Continue reading Saaditi v Moorhead: Case Comment

The Weaving of Two Tales

Tale as old as time Tune as old as song Bittersweet and strange Finding you can change Learning you were wrong… – (Lyrics from Beauty and the Beast) Many cases have both criminal and civil proceedings. It’s a tale as old as time.  But, in SC v NS, 2017 ONSC 353, a twist arose from the two parallel … Continue reading The Weaving of Two Tales