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Supreme Court of Canada

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Friday, June 30, 2017 @ 12:06 PM

Updated: SCC revamps patent utility standard by scrapping 'promise doctrine' Malcolm Rowe

In a patentee-friendly revamp of Canada’s patent utility standard, the Supreme Court has ruled that the “promise of the patent” doctrine is “not good law” and should no longer be used as a yardstick to assess whether a patent for an invention discloses sufficient utility under s. 2 of the Patent Act. ... [read more]

Thursday, June 29, 2017 @ 3:28 PM

EVIDENCE - Hearsay rule - Exceptions - Necessary and reliable evidence - Methods of proof - Circumstantial evidence

Appeal by the Crown from a judgment of the British Columbia Court of Appeal setting aside Bradshaw’s convictions for first degree murder and ordering a new trial. The Court had to determine when a trial judge could rely on corroborative evidence to conclude that the threshold reliability of a hearsay statement was established. ... [read more]

Thursday, June 29, 2017 @ 11:49 AM

Updated: SCC adopts restrictive hearsay test for threshold reliability Richard Fowler

The Supreme Court has adopted a restrictive approach to the hearsay test for threshold reliability in a 5-2 decision that affirms a new trial for a B.C. man convicted of two murders based partly on what the majority deemed to be an inadmissible video re-enactment by his alleged accomplice. ... [read more]

Wednesday, June 28, 2017 @ 6:33 PM

SCC backs novel global ‘takedown order’ blocking Google search results worldwide Robbie Fleming

In a controversial 7-2 decision said to be a global first, the Supreme Court of Canada has upheld a B.C. court’s Internet “takedown order” that requires Google to block from its worldwide search results certain websites alleged to be selling equipment based on the pirated intellectual property of a Canadian company. ... [read more]

Wednesday, June 28, 2017 @ 3:16 PM

CIVIL PROCEDURE - Interlocutory injunctions - Circumstances when granted - Considerations affecting grant - Balance of convenience - Irreparable injury - Form and operation of order - Extraterritorial operation

Appeal by Google Inc. (Google) from a judgment of the British Columbia Court of Appeal affirming an interlocutory injunction granted against Google in the respondents’ favour. ... [read more]

Tuesday, June 27, 2017 @ 2:07 PM

Judges appointed to federal courts, Alberta Court of Queen's Bench

Justice Minister Jody Wilson-Raybould has appointed judges to the Federal Court of Appeal, the Federal Court and the Court of Queen’s Bench of Alberta. The appointments were announced on June 23, along with others in Ontario, Quebec and British Columbia. ... [read more]

Tuesday, June 27, 2017 @ 8:57 AM

Supreme Court decision on bail a potential sea change

In addition to the challenges posed by interpretation of legislation, including the Charter, and the review of all manner of legal issues raised at trial and on appeal in Canadian courts, the Supreme Court of Canada can and does weigh in on areas of justice system policy and practice that are worthy of review. That they’ve chosen to do so on the subject of judicial interim release pending trial in the recent decision of R. v. Antic has the potential to achieve significant changes to the criminal justice system. ... [read more]

Monday, June 26, 2017 @ 12:41 PM

Five new judges are heading to Ontario's Superior Court of Justice

Five new judges have been appointed to the Superior Court of Justice in Ontario, Justice Minister Jody Wilson-Raybould announced on June 23. The appointments were made under the new judicial application process announced last October. ... [read more]

Friday, June 23, 2017 @ 2:58 PM

JURISDICTION - Determination of - Exclusion of - By contract

Appeal by Douez from a judgment of the British Columbia Court of Appeal. Douez was a resident of British Columbia and a member of Facebook.com, one of the world’s leading social networks. The respondent, Facebook Inc. (Facebook), was an American corporation headquartered in California which operated Facebook.com and generated most of its revenues from advertising. Douez claimed that Facebook infringed her privacy rights by using her name and profile without her consent in one of its “Sponsored Stories”, a product it had developed to advertise companies and products to other members on the site and externally. In her action, Douez alleged that Facebook contravened s. 3(2) of the British Columbia Privacy Act (PA) by using her name and likeness without her consent. Douez also sought certification of her action as a class proceeding under the British Columbia Class Proceedings Act. The proposed class included all British Columbia residents who had their name or picture used in Sponsored Stories. The estimated size of the class was 1.8 million people. Facebook sought to have the action stayed on the basis of the forum selection clause contained in its terms of use, which every user was required to click to accept upon registering as a member of the site. This clause indicated that any disputes were to be resolved in California according to California law. The chambers judge refused to stay the action, concluding that s. 4 of the PA, which provided that actions under the PA must be heard in the Supreme Court of British Columbia, overrode the forum selection clause, and that the PA provided strong reasons not to enforce it. The Court of Appeal reversed that decision, concluding instead that the clause was enforceable and that Douez had failed to show strong cause not to enforce it. On appeal, the respondent did not dispute that British Columbia courts had territorial jurisdiction. The main issue was whether Douez’s action should be stayed on the basis of the forum selection clause contained in Facebook’s terms of use. The parties also disagreed on whether the analysis of forum selection clauses should be subsumed under s. 11 of the Court Jurisdiction and Proceedings Transfer Act (CJPTA), or whether they were distinct concepts. ... [read more]

Friday, June 23, 2017 @ 11:30 AM

Updated: SCC greenlights class action against Facebook in major private international law ruling Luciana Brasil

In a groundbreaking private international law (PIL) judgment of global interest, the Supreme Court of Canada has split 4-3 to override Facebook’s forum selection clause — thus reviving a privacy class action on behalf of 1.8 million Facebook users in British Columbia against the U.S. social media giant. ... [read more]