Category Archives: Law

Yogi Fell one of three UPEI employees to get their job back  photo - CBC

UPEI Ordered To Rehire Employees

School says costs expected to exceed $1 million

Yogi Fell UPEI Ordered To Rehire Employees photo
Yogi Fell one of three UPEI employees to get their job back photo – CBC

CBC News - The University of Prince Edward Island has been ordered by the P.E.I. Human Rights Commission to rehire three employees who were forced to retire in 2005.

The commission ruled in February that the university’s mandatory retirement policy was discriminatory.

Last week, the group ordered the university to reinstate Thomy Nilsson, Richard Willis and Yogi Fell, and pay each complainant for loss of income and damages.

The commission also ordered UPEI to cease its policy of mandatory retirement, something the university had continued despite losing its case.
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Red Sky IT

Buggy software makers liable for damages

License agreements that absolve software developers of responsibility found unenforceable

Red Sky IT Buggy software makers liable for damages photoA recent decision of the UK High Court held that software developers are responsible for software bugs. This goes against most software license agreements that software companies force on customers. Essentially, software companies have been denying all responsibility for damages.

The license agreements are non-negotiable documents often consented to as software is being installed.

It’s been the software industry practice to admit that software is buggy. People know that and hundreds of millions of customers have accepted it for decades.

However, all goods are sold on the basis of “fit for the purpose intended.” The UK High Court ruled that license agreements can’t eliminate the basic rules of commerce.  Continue reading

Aubere Grand Mere subject of 10 year old Chretien scandal  photo: Monquebec.net

Supreme Court rules against journalists confidential sources

Police criminal investigation outweighs confidential press privilege in Chrétien affair

Auberge Grand Mere web Supreme Court rules against journalists confidential sources photo
Auberge Grand-Mère subject of 10 year old Chretien scandal photo: Monquebec.net

The Supreme Court of Canada has ruled that the National Post must turn over evidence it received from their journalist’s confidential source in the “Grand Mere Affair.”

The Supreme Court ruled that any privilege is not constitutional and must be balanced by the need to investigate criminal activity.

“…evidence sought to be obtained measured against the public interest in respecting the journalist’s promise of confidentiality…Therefore, no journalist can give a secret source an absolute assurance of confidentiality.” Supreme Court of Canada

The case had 16 interveners including CBC, Bell Globe Media, two provinces and the Federal government, civil liberties and various journalist associations.   Continue reading

Wayne Crookes

Green Party organizer wants limits on free speech

Just when we get freedom of speech on the Internet, someone tries to take it away

Wayne Crookes web Green Party organizer wants limits on free speech photo
Wayne Crookes photo: P2Pnet

The Supreme Court of Canada is getting ready to hear the case of Wayne Crookes, a former fund-raiser and organizer for the BC Green Party.

Crookes took offense at alleged derogatory remarks made about him on several websites including Open Politics.ca

That’s the nature of the web, people say the rudest things, some of them nasty and perhaps defamatory. They do it anonymously. In the US, the web site and host can rely on safe-harbor provisions of the CDA (Communications Decency Act). “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” Section 230

Canada doesn’t have the same provisions although journalists are protected from defamation lawsuits when they report the facts they know.  Continue reading

Nortel pensioners and their supporters rallied on Parliament Hill Thursday. Photograph by: Pat McGrath, The Ottawa Citizen

Justice denied for Nortel disabled pensioners

If the partial settlement wasn’t bad enough, the court has rejected that deal as preferential over other debt holders while politicians ponder

Nortel Pensioners web Justice denied for Nortel disabled pensioners photo
Nortel pensioners and their supporters rallied on Parliament Hill Thursday. Photograph by: Pat McGrath, The Ottawa Citizen

The inequity of a legal system that can reward executives with millions of dollars in bonuses while forcing pensioners with disabilities onto welfare was backed by the Ontario Super Court as the Nortel $57 million pension agreement was thrown out.

In a previous story we reported the views of Nortel’s pensioned employees who lost their benefits as a result of Nortel’s bankruptcy. Nortel pays bonuses to execs and pittance to retirees and disabled.

That agreement which only lasted until the end of 2010 has been thrown out by a judge as prejudicial to other creditors. Once again the legal system has prejudice the employees in favor of executives and bankers.

While the Harper Conservative government talks and promises to reform Canada’s pension system, they are marking time with no laws that could save these employees.  This is a travesty in Canada that the recession and it’s aftermath has made urgent. The Tories fiddle while Canadian employees take the heat.

The Opposition NDP and Liberals could force the minority government’s hand on this issue. Is their talk supporting pension reform mere political rhetoric, just another bluff from Jack Layton and Michael Ignatieff?

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IOC-800-lb-Gorilla

Olympics lawyers switch bullying to new targets

ICANN Threatened by Olympic Committee Over Intellectual Property Concerns

IOC 800 lb Gorilla Olympics lawyers switch bullying to new targets photoBy David Goldstein, domainpulse.com -  The International Olympic Committee appears to think it has the rights to all sport, given a recent letter to ICANN that raises concerns on the .SPORT gTLD proposal in particular, and new gTLDs in general.

A letter from Urs Lacotte, director general of the IOC, and Howard Stupp, the IOC’s Legal Affairs Director, says they wish to discuss with ICANN these issues with ICANN and notes the IOC has “serious concerns” regarding “intellectual property protection.”
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David Kumaritashvili, father of Georgian luge competitor Nodar Kumaritashvili, receives condolences from Georgia's President. (Reuters Photo)

IOC orders blogger to take down video

International Olympic Committee has ordered a blogger to remove a video showing the death of Georgian luger Nodar Kumaritashvili from his website

David Kumaritashvili 517x430 IOC orders blogger to take down video photo
David Kumaritashvili, father of Georgian luge competitor Nodar Kumaritashvili, receives condolences from Georgia's President. (Reuters Photo)

International Business Times – The International Olympic Committee has ordered a blogger to remove a video showing the death of Georgian luger Nodar Kumaritashvili from his website.

During a practice run leading to this years Winter Olympics in Vancouver, Kumaritashvili flew off the track and slammed against steel support pillars around the track’s perimeter.

Stephen Pate, publisher of the online site NJN Network, published the video along with commentary about the death, and the IOC has since ordered him in an email to take it down.

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