N.B. Sues Big Tobacco
The Attorney General of New Brunswick, T.J. Burke, announced last week a suit will be launched by the province against 14 tobacco companies. The claim? People are dying prematurely in the province due to smoking,…
Torts
Is scarcity of resources a valid legal defence?
Barbara Sibbald, Associate Editor, comments in the Canadian Medical Association Journal.
What is the Standard of Care?
We previously discussed the case of Dr. Smith, the pathologist whose errors have wrongfully convicted many. The defence that Dr. Smith relied upon was that it was an honest error in judgement. There is no…
Prime Minister Sues for Libel
It’s the latest fad these days, suing for libel (and good business for lawyers). But the most recent suit is by the Prime Minister himself, directed at Stephane Dion and the Liberal leadership. The dispute…
Liability for Dangerous Driving
Anil K. Kapoor of The Court has an excellent piece on the recent R v. Beatty decision, expounding on the distinction between criminal and civil liability in accidents. Mr. Beatty was charged with three counts…
Lessons from Potential Blogging Libel Suit in Canada
Mark Evans, a former journalist for the National Post and technology blogger, reported on a libel suit launched by Toronto lawyer and political activist, Warren Kinsella. The freedom of expression is protected under s. 2…
Defending Liebeck v. McDonald’s
The scope of negligence in tort law expands and contracts over time. One of the landmark cases in product liability, Liebeck v. McDonald’s Restaurants, has received much criticism as a frivolous lawsuit, and has been…
Sue Your Drug Dealer for OD’ing
Sandra Bergen, a 19 year old from Biggar, Sask., had a heart attack in 2004 that left her in a comma for 11 days. She still suffers from fatigue and a heart condition that makes…
Employee Privacy in Canada
Cases in Canada We previously commented on the development of privacy laws in Canada, prompted by a recent case in NY State where an employer’s monitoring and unauthorized use of the employee’s e-mails was upheld….
Development of Privacy Law in Canada
Privacy Common Law in Canada A tort action exists in the U.S. for the invasion of privacy exists in only four situations: Unreasonable intrusion Appropriation of personality (an intentional economic tort) Unreasonable publicity of private…
“Private” E-mails at Work?
A new American case from earlier this year sheds some insight into e-mail privacy and attorney-client priviledge. Background In Scott v Beth Israel Med. Ctr. Inc., the plaintiff was a physician and former employee of…
Religious Promises may be Binding
The new Supreme Court Case ruling, Bruker v. Marcovitz, has some interesting implications for Jewish family law. The case was considered by The Lawyers Weekly to be the “most timely and topical” of all the…