International Law

Bits 'N Briefs

By Garry J. Wise, Wise Law Office, Toronto

Time to catch up in brief on some interesting, recent developments:

• An Alberta Court has struck the Province's $4,000 damages cap on soft tissue injuries from motor vehicle accidents. The caps was found to contrave s. 15(1) the Canadian Charter of Rights and Freedoms. The Court of Queen's Bench held that under the impugned legislation,"soft tissue injury victims are subjected to prejudice and are stereotyped on the basis of the type of injury from which they suffer." See Morrow v. Zhang

• Calgary Muslim leader, Syed Soharwardy, has dropped his human rights complaint against Ezra Levant. Ezra, never one to take yes for an answer, says he'll now sue Syed for abuse of process. YouTube shares rise sharply, as Ezra's audience awaits the inevitable sequel...

• Peterborough Politics (which has moved to Toronto and is looking for readers' suggestions on a new nom) blogs on The Craziness That Sometimes Comes From Quebec's Language Laws. In what looks like it could become a fun, Progressive Bloggers dustup, Uncorrected Proofs responds with The Craziness That Sometimes Comes From Peterborough Politics

• At The Court, Professor Michael Lynk opines on Honda and Keays, an important employment law case that will be argued before the Supreme Court of Canada on February 20, 2008. The case will resolve key legal questions relating to workplace disability and accomodation and will address the quantum of punitive damages that may properly be awarded against a discriminatory employer. See: Keays v. Honda Canada: The Scope of the Disability Accommodation Duty in Canadian Employment Law

• Slap Upside the Head (quickly becoming one of Canada's smartest and most entertaining blogs) reports, "Concerned Christians Canada, an Alberta-based Christian lobby group, has announced that they will launch a human rights complaint against the Alberta Tories. The complaint stems from the rejection of a Tory candidate?s nomination back in November. Alberta Premier Ed Stelmach failed to endorse Craig Chandler?s candidacy due to a history of anti-gay human rights violations. Concerned Christians Canada is furious with Chandler?s rejection, accusing the Stelmach government of anti-Christian discrimination."

• A New York appeal court recognized a Canadian same-sex marriage as legally valid in the State, and required an employer to deliver spousal benefits to an employee's same-sex spouse after the couple married in Canada. The Court: "It is ADJUDGED and DECLARED that plaintiff?s marriage to Lisa Ann Golden in the Province of Ontario, Canada is entitled to recognition in New York State." See: Martinez v. Monroe

• Anonymous online posting received a boost from a California appeal court (Techdirt)

• And finally, our heartiest congratulations to U.K. barrister, Nick Freeman, on his success in trademarking his media tagline, "Mr. Loophole." Now, nobody else may use the phrase and Nick's title as Chelsea's uncontested Traffic Court champion will remain forever undisputed. (Times Online)

- Garry J. Wise, Toronto

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Full post as published by Wise Law Blog on February 17, 2008 (boomark / email).