Maybe Hamas wants Bibi re-elected?
A reader writes as below. I am not convinced but she or he makes a credible argument:"Iran is nowhere near completing a nuke. Threats that they are getting close is…
James C Morton
What is Hamas doing? Watch the circus, not the sideshow
How does Hamas firing rockets at Jerusalem help Hamas? Not much. Yes a rocket barrage to express rage at the assassination of Ahmed Jabari makes some sense. It is a…
Sexual harassment constitutes sexual discrimination
Friedmann v. MacGarvie, 2012 BCCA 445 is a source for the proposition that sexual harassment constitutes sexual discrimination: One way to demonstrate in a discrimination case that ...
Imagine New York under rocket attack from Quebec?
There is no question that Israel will enter Gaza to stop rocket attacks -- just picture what the US would do if New York was under continuing attack from Quebec?TEL…
Appeals are from Orders and not Reasons
Almrei v. Canada (Attorney General), 2012 ONCA 779 makes the often overlooked point that appeals are from orders and not reasons for orders: An appeal lies from an order and…
Ineffective assistance of counsel
R. v. W.E.B deals with a claim of ineffective assistance of counsel. The Court summarizes the test:To succeed on his ineffective assistance claim, the appellant must discharge his onus to…
Am I entitled to a Lunch Break? Coffee Breaks?
Under the Ontario Employment Standards Act (ESA) employers are required to provide eating periods to employees. An employee must not work for more than five hours in a row without…
Inadequate reasons at trial and appeal
R. v. Goldmintz, 2012 ONCA 775 deals with a curious case where the trial and first appeal decisions were both inadequate to allow meaningful review: While we appreciate that t...
Does Rob Ford have a defence in his libel case? Maybe
The defence of qualified privilege holds that an otherwise defamatory communication can be justified if it is a “responsible communication on a matter of public interest” and: 1) the publication…
Non-party benefits from limitation of liability provision
Richards v. Media Experts M.H.S. Inc., 2012 ONCA 769 is an interesting case in which a limitation of liability was held to extend to a non-party in the context of…
France gambles on the Syrian opposition
France has become the first European country to recognize the newly formed Syrian opposition coalition and says it could consider arming the rebels.
Can a right of first refusal bind a non-party? Yes
Benzie v. Hania, 2012 ONCA 766 provides a properly registered right of first refusal can bind a non-party: Can a right of first refusal bind non-parties? Is it reg...
Aboriginal title
In Canadian law all lands are subject to the Crown, and this has been true since Britain acquired much of Eastern Canada from France by the Treaty of Paris (1763).…
Interesting – clearly seeking consensus
http://m.voanews.com/1543849.htmlOn Sunday, Syrian opposition groups elected moderate cleric Maath al-Khatib to lead the new body. They also chose businessman Riad Seif and well-known female activist Suhair al-Attasi as vice presidents.