Posts from September 2010.
Posted in Public Law

One of the most highly anticipated cases in British Columbia, and likely the country as a whole, is moving towards a hearing in late November 2010.  In Reference Re: Criminal Code s. 293 the BC Supreme Court is being asked to determine the constitutional validity of the criminal prohibition against polygamy.

The reference case was initiated in October 2009 by the provincial ...

Posted in Defamation

How much damage can you do to a person’s reputation in 140 characters? If one were to judge from the flurry of defamation cases involving Twitter and similar social media that have been filed in the past couple of years, the answer is, “Enough to interest a lawyer.”  As you probably already know if you’re tech savvy enough to be reading this blog, Twitter is form of ...

Posted in Real Estate

Imagine being faced with attempting to sell a piece of real estate in a soft market.  You eventually obtain the price you are willing to accept and therefore you enter into a binding contract.  Unfortunately, the deal does not close because the purchaser is either not able to secure financing or is delayed in obtaining financing (perhaps because the banks are worried about the ...

Posted in Fraud

You just discovered that one of your company’s directors or a senior employee has been engaging in a fraud.  One of the first things I get asked in situations like this is whether the conduct of the employee/director will be treated as the conduct of the company generally.  Can the company distance itself from its agent’s conduct?  It matters for a variety of reasons ...

Posted in Civil Procedure

Recently, the Ontario Court of Appeal ruled that Conrad Black could proceed with six internet based libel actions in Ontario (Black v. Breeden, 2010 ONCA 547).  The claims are based upon an investigation into Lord Black’s conduct as chairman of Hollinger that was published on the Hollinger website.  The Defendants are directors, advisors and a vice president of Hollinger.


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