In a case destined to be read in the future only by lawyer geeks
and those interested in the 'access to justice' camp, Mr.
Justice Mann ruled that Nominet's Dispute Resolution Service
and the relevant policy and procedures effectively prevented a
party, which had used the procedure, from having the dispute heard
again by the English High Court.
In a case that has seen almost as much mileage as a Formula One
car, the Court of Justice of the European Union (CJEU) finally
brought the chequered flag down on the race between Global Sports
Media Limited (GSM) and Formula One Licensing BV (Formula One).
Towards the end, GSM were leading by some distance, if only because
the General Court appeared to have poured 'generic' fuel
into Formula One's tank. Fortunately, a pit stop in the CJEU
has seen Formula One back in the race!
A recent decision of the Ontario Superior Court of Justice, in
the matter of Code Inc. v. Independent High Electoral
Commission et al., reminds us that the reasonable position
will usually win the day. We all know that judges and masters
strive to do justice, to be fair and reasonable, and to craft
judicious resolutions — but sometimes, in the heat of
battle, we forget that and we insist on positions that may be
"right" but, perhaps, not always reasonable. This case
demonstrates the risk of that approach. It is also a judicial
endorsement of the use of video conferencing for out-of-court
examination of witnesses.
In Sharma v. Timminco, the Ontario Court of Appeal
considered whether a stay of limitation period, granted by class
action legislation, applied to lengthen the time in which
plaintiffs must seek leave to commence a cause of action under
securities legislation. The key issue being the different approach
to limitation under the Securities Act and the Class
Proceedings Act. The Court of Appeal in Sharma v.
Timminco confirmed that plaintiffs pursuing claims for
statutory misrepresentation on the secondary market must complete
the leave motion, obtain leave, and issue a claim within three
years of the alleged misrepresentation
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
Specific Questions relating to this article should be addressed directly to the author.
In the decision MDV Representations v. Corporation Xprima.com, the Superior Court highlights the importance of drafting termination clauses in a service contract using clear and simple language.
This article touches on some of the key types of businesses and explains what a might be the typical role of a lawyer in providing advice or assistance to you in setting up your business or in having others join you in your business.
An insider trading decision of the Alberta Securities Commission (the "Commission") released on April 10, 2013, provides a thoughtful and practical approach by a securities commission to its assessment of what constitutes a "material fact".
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