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The Friday Brief

The Friday Brief: Managing Editor’s must-read items from this week

Friday, November 29, 2019 @ 1:57 PM | By Matthew Grace

Matthew Grace %>
Matthew Grace
Here are my picks for the top stories we published this week.

Federal Court approves $26 million-plus legal tab for groundbreaking class action against military
The Federal Court has approved payment of almost $27 million, plus disbursements, to the consortium of five law firms who achieved a pioneering national settlement with Ottawa of up to $900 million to help compensate Canadian Armed Forces (CAF) and Department of National Defence (DND) personnel subjected to on-the-job sexual misconduct.

‘Watershed’ SCC judgment rules provincial law governs maritime contractual dispute over liability
In what counsel are calling a “watershed” maritime law ruling, the Supreme Court of Canada has ruled 9-0 that Quebec contract law, not federal maritime law, applies to a contract formed in Quebec for the purchase of ship engine parts that were discovered much later to be defective.

Supreme Court’s municipal law ruling shakes up commercial contracting in Quebec: expert
Towns and cities in Quebec will have to “tighten up drastically” their control of commercial engagements between their employees and goods and service providers in the wake of a Supreme Court of Canada ruling which shakes up settled law, says a municipal law specialist.

Federal Court issues Canada’s first-ever website blocking order in copyright action
While Canadian broadcasting companies are hailing a recent precedential Federal Court ruling that issued the country’s first-ever website-blocking court order as a major victory for copyright owners, one of Canada’s top experts in Internet and copyright law believes the matter would be best dealt with by Parliament.

Ongoing injustice of poverty for Indigenous consequence of Van der Peet
In her column, Angelique EagleWoman writes: “With the decisions in R. v. Dorothy Marie Van der Peet [1996] 2 S.C.R. 507 and R. v. Pamajewon [1996] 2 S.C.R. 821, the Supreme Court of Canada engaged in narrow tests to determine what the “existing rights” of Aboriginal peoples were to fit within s. 35(1) of the Constitution Act, 1982. The first case denied a Sto:lo woman the right to sell salmon and the second case denied the self-government and economic rights of the Anishnabe to engage in government-regulated gaming.”

Matthew Grace is the Managing Editor of The Lawyer’s Daily.