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Workplace Harassment and Bill 168 - A New Remedy for an Old Problem
Posted on November 20, 2009Workplace bullying is a serious problem for thousands of Canadians at work. It can degrade one?s self worth and create serious health problems for workers and their families. There has often been very little that could be done to stop the workplace bully in his or her tracks...
Minnesota Chiropractor Attacks Canadian Health Care
Posted on November 18, 2009Meet Larry the Plumber.- Garry J. Wise, TorontoVisit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
The "Cell Phone Energy Diet"
Posted on November 17, 2009I mucho like this:About the size of your average flashlight, the PEG takes the kinetic energy humans develop through physical activity and uses it to recharge small, electronic devices such as your phone, camera, or iPod....Place it in your bag or on your hip, attach it to the device that you need to charge using a standard USB cord, and the PEG does the rest...
Parental Access Visits by Skype?
Posted on November 16, 2009Access visitation with far-away children via Skpe - is it good enough, or not? National Post reports on conflicting decisions in child mobility applications by Canada's family courts on yet another, new issue of the digital age:Daily contact by video conference over the Internet is not sufficient access between a father and his children, a judge in British Columbia has ruled in turning down a mother's request to move to Australia...
The Future of Wallace Damages in Ontario Employment Law
Posted on November 16, 2009Law Times has a good analysis today on the future of Wallace damages in Ontario wrongful dismissal proceedings. These damages have typically been granted where an employer has acted in bad faith in the termination of employment.With the Ontario Court of Appeal's June 25, 2009 ruling in Slepenkova v...
The Trial of KSM
Posted on November 13, 2009With the Obama administration's decision today to try Khalid Sheikh Mohammed and other "enemy combatants" in public trials to be held at New York City, the torture debate is about to find its way into open court in America.If I was Dick Cheney, I'd be very, very worried...
"'How Can You Represent a Mass Murderer?"
Posted on November 12, 2009Colonel John Gallagher (Ret.), a civilian lawyer who represents Malik Nidal Hasan, the accused shooter in last week's brazen attack at Fort Hood Army Base in Texas, explains due process to CNN's Wolf Blitzer:- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www...
Digital Alibi
Posted on November 12, 2009Introducing the Facebook defence:Bradford and witnesses insisted he was innocent. They said he was at his father's Harlem apartment when the crime occurred...Prosecutors dropped the charges after Facebook verified the words had been typed from a computer at his father's building...
Quotable
Posted on November 11, 2009Vanity Fair's James Wolcott:"Don't let the soaring market fool you," cautioned [Neil] Cavuto at the start of his 6 pm show.....To address this crisis of rising portfolio value, Cavuto introduced his first guest, that financial oracle, that investment wizard, that translucent orb that burns by night: John Bolton, Sheriff of Nottingham...
Video: The Great American Health Care "Debate"
Posted on November 07, 2009A taste of the debate, now before the House:(Via Digby)- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Celebrity Burglaries
Posted on November 07, 2009Soon, they will be lining up to secure the movie rights to this tawdry story.And this one, too.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
The HST Tax on Access to Justice
Posted on November 07, 2009Legal services currently are exempt from Ontario's 8% provincial sales tax. With the Province now poised to impose a whopping 13% Harmonized Sales Tax (HST) that is targeted to apply to legal fees, Slaw's Edward Prutschi considers the negative implications of this tax on access to justice in the Ontario, and eloquently asks why organizations representing the legal profession remain largely silent: Starting in July 2010 when Ontario?s GST and PST are replaced by the new Harmonized Sales Tax, virtually everything, including legal bills, will be subject to the new 13% HST...
McGuinty?s Early Christmas Gift to Auto Insurance Companies
Posted on November 06, 2009After Finance Minister Dwight Duncan stood up in the Ontario Legislature last Monday and publicly wrung his hands at the mountain of motor vehicle accident claims in the province, he did what any clear thinking and sincere politician in his shoes would do to deal with rising auto insurance premiums ? give more money to the insurance companies...
Legally Tweeting - November 4, 2009 Edition
Posted on November 05, 2009We've been on a bit of a blogging hiatus over the last week or so (while other duties called), but managed to keep up, nonetheless, with our legal tweets in the interim.Here, then, are highlights of our recently tweeted legal headlines:Tribunal awards $35000 to fired pregnant woman - Canada NewsWire http://bit...
Nothing Is Certain (Except Death and Facebook)
Posted on October 28, 2009Facebook announces a new approach for handling deceased users' pages:"When someone leaves us, they don't leave our memories or our social network," Facebook director of security Max Kelly said in a blog post Monday."To reflect that reality, we created the idea of 'memorialized' profiles as a place where people can save and share their memories of those who've passed...
The End of the MP3?
Posted on October 28, 2009I doubt it.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Baby You Can Drive My Car...
Posted on October 28, 2009... But please don't ever try to park it, again:But if you think that was bad, try this: Car lands on couple asleep in bed- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Win!
Posted on October 27, 2009Leafs 6 - Ducks 3.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Ontario Drivers' Cell Phone Ban Now in Effect
Posted on October 26, 2009Hands-free cell phone use is now the law in Ontario. As noted in our April 23, 2009 post on the new provincial law, which took effect today:The Countering Distracted Driving and Promoting Green Transportation Act, 2009, Ontario's new law banning use of cell phones while driving...
Food Fight
Posted on October 25, 2009Associated Press reports on yet another intractable battle that is rearing in the Middle East. This time it's a food fight, initiated in 2008 by a Lebanese economic organization, over the marketing of hummus as an Israeli delicacy:The issue of food copyright was raised last year by the head of Lebanon's Association of Lebanese Industrialists, Fadi Abboud, when he announced plans to sue Israel to stop it from marketing hummus and other regional dishes as Israeli...
Cudos to JD Supra
Posted on October 24, 2009JD Supra is rapidly emerging as the legal profession's deepest and most credible online repository for legal articles, precedents and documentation. A recent experience with the site, however, reveals that JD Supra also offers the added benefit of a truly personal touch that demonstrates, quite unexpectedly, another manner in which the site appears to be a cut above its many social media competitors...
Recently Tweeted - October 23, 2009 Edition
Posted on October 23, 2009With the weekend upon us, here are the leading legal headlines we've been following on Twitter, this past week or so - we note that Craigslist has certainly been prominent in the news of late:?Craigslist Not Responsible for Sex-For-Hire Ads, Judge Rules? http://bit...
Video: The FOX News War on Obama
Posted on October 23, 2009Who started it? - Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
U.K. Supreme Court Officially Opened
Posted on October 17, 2009Washington Post reports on yesterday's opening of the new, U.K. Supreme Court, which replaces the venerable Law Lords as the nation's court of last resort:Queen Elizabeth II formally opened Britain's new Supreme Court on Friday in a ceremony attended by high court justices from the United States and around the world...
Quoteworthy
Posted on October 17, 2009MSNBC writer, Daniel Harrison on Google Wave, which reportedly heralds "either the death or the future of e-mail:"All the average Joe wants to know, of course, is: Do I have to worry about all this Google Wave stuff or can I go back to poking people on Facebook for a few more months?See: Google Wave: What is it? Why Should You Care?Legal professionals may be particularly interested in David Carns' comments on the complications Google Wave will pose in the context of e-discovery and document retention:The Wave allows you to use dynamic web technologies (such live maps, automatic content generation, live news content, etc) to augment each wave conversation...
Headline of the Day
Posted on October 17, 2009All-male college cracks down on cross-dressing - from CNN. (The real story-within-the-story here may be about the apparent discrimination by a gay students' organization against its own, small minority-within-a-minority).- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www...
Lawyers in The Cloud
Posted on October 17, 2009My paper on cloud computing, Lawyers in the Cloud, A Cautionary Tale, from yesterday's Law Society of Upper Canada Teleseminar, Security For Lawyers in a Wired World, is now up at JD Supra. Below is a brief excerpt from my conclusions:The litany of security concerns, mishaps and challenges documented in this paper must militate against any overly-enthusiastic embrace of the Cloud by the legal profession ? at least for now...
Meanwhile in "Post-Racial" America
Posted on October 15, 2009I had trouble believing my eyes when I saw this, via Associated Press:NEW ORLEANS ? A Louisiana justice of the peace said he refused to issue a marriage license to an interracial couple out of concern for any children the couple might have. Keith Bardwell, justice of the peace in Tangipahoa Parish, says it is his experience that most interracial marriages do not last long...
The Procreation Argument
Posted on October 15, 2009The "procreation argument," dealt a fatal blow by Chief U.S. District Judge Vaughn Walker, at a hearing of a challenge to Californa's ban on gay marriage. Law.com reports:Many of the arguments discussed for two hours in court on Wednesday centered on the more philosophical issue of why the government would be in the business of sanctioning marriages at all...
Quotable
Posted on October 15, 2009U.S. Chief Justice John Roberts, to appellate counsel Paul Clement during argument before the Supreme Court on the entitlement of lawyers to significant fee enhancements for the achievement of exceptional results:"Maybe we have a different perspective...
Top 10 Legal News Headlines: Recently Tweeted - October 14, 2009 Recap
Posted on October 14, 2009Time to catch up on the best of the legal headlines we've posted to Twitter since our last recap. Here are Wise Law Blog's Top 10 Recently Tweeted legal news stories from the previous ten days:A Day About Bad Lawyering at the U.S High Court http://bit...
Video: OMG! Law Talk - Episode 2
Posted on October 14, 2009It is time for Episode 2 of OMG! Law Talk. Think of it as a Wednesday-after-a-long-weekend version of OMG! Monday, if you will... I'm joined again this week by legal bloggers Omar Ha-Redeye and Michael Carabash. We continue our 'robust' discussions, with topics that include: · Google ?Juice?· Law Firm Public Relations Strategies· Getting Legal Information Online· Blogging and the Election of George Bush· Responding to Torture· On Mark Steyn and Freedom of Speech in Canada and AmericaSo here we go with OMG! - Episode 2:- Garry J...
"Birther" Lawyer Taitz Slapped with $20,000 Sanction By U.S. District Court
Posted on October 13, 2009Orly Taitz, the "birther" lawyer who contends U.S. President Barack Obama was not born in the United States, and is thus constitutionally ineligible to serve as President, has been fined $20,000 for misconduct by a Georgia court.The sanctions ruling of U...
Obama Wins 2009 Nobel Peace Prize
Posted on October 09, 2009President Obama has been awarded the 2009 Nobel Peace Prize.CNN reports on this surprising announcement:President Obama was awarded the 2009 Nobel Peace Prize on Friday.The first African-American to win the White House, Obama was praised by the Norweigan Nobel Committee for "his extraordinary efforts to strengthen international diplomacy and cooperation between peoples...
Workplace Smoking Fine Levied Against Ontario Driver Who Smoked in His Truck
Posted on October 09, 2009A London, Ontario driver has been ticketed for smoking in a workplace -in this case, his own truck. City News reports:Ontario Provincial Police pulled over a truck on Highway 401 near Windsor on Wednesday when the driver was seen smoking.Police handed out a $305 ticket because smoking is prohibited at all workplaces in the province under the Smoke-Free Ontario Act...
'Legal Expense Insurance' Coming to Canada?
Posted on October 07, 2009The Toronto Star reports today that a German firm is seeking federal approval to bring a legal insurance plan to Canada. The proposed, private insurance plan will cost approximately $500.00 annually, and will provide up to $100,000 coverage for legal fees and adverse costs orders in civil and criminal matters...
Introducing OMG! Law Talk
Posted on October 05, 2009Well, it's finally OMG! Monday and I'm very happy to be starting the week off with the launch of OMG! Law Talk.OMG! is our original, 'short video' series featuring informal, but often emphatic conversations on legal issues, politics, technology and social media...
On Apes and Humans
Posted on October 02, 2009The discovery of "Ardi," a female humanoid who lived 4.4 million years ago in Ethiopia, may have turned evolutionary theory on its ears.Rather than humans evolving from ape-like ancestors, scientists now suggest it appears that both apes and humans evolved from the same, common predecessor species...
Ontario Drivers' Cellphone Ban Starts October 26
Posted on October 02, 2009Ontario's government has provided long-awaited details regarding the effective date of the Province's new distracted driving law. A September 30 statement from the Government of Ontario Newsroom advises:Ontario's ban on hand-held devices while driving will take effect on October 26, 2009...
Balsillie Denied
Posted on October 01, 2009Sun Media's Steve Simmons reports on an Arizona bankruptcy court's ruling Wednesday, effectively denying Jim Balsillie's bid for the Phoenix Coyotes:Billionaire Jim Balsillie is now 0-for-3 in his attempts to be a National Hockey League owner and Hamilton is oh-for-two decades in its attempts to house an NHL franchise...
Polanski
Posted on October 01, 2009Defence attorney Jeralyn Merritt of Talk Left takes an in-depth look at the Roman Polanski case today and concludes that a defence strategy focussing on allegations of prosecutorial and judicial misconduct may ultimately succeed in keeping the filmmaker out of U...
Right-Wing Crazy Alert
Posted on September 30, 2009A military coup in America to deal with "the Obama problem?"There is a remote, although gaining, possibility America?s military will intervene as a last resort to resolve the ?Obama problem.? Don?t dismiss it as unrealistic.America isn?t the Third World...
Brits in Custody Battle Over Lucy the Sheep
Posted on September 30, 2009We've previously seen a pet pig land its caregivers in court (see: Pig-Sitter Faces Charges for Fattening the Hog),Now, all British eyes are turned to the sad saga of Lucy the Pet Sheep...A family are in a court custody battle over a pet sheep...A judge at the county court in Mold, North Wales, will decide next week on the sheep?s rightful owner...
Starbucks Instant Coffee???
Posted on September 30, 2009Apparently, it's coming soon:More here from CBC News.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
"Going Rogue" - A Tribute
Posted on September 30, 2009In honour of the naming of Sarah Palin's upcoming memoir, "Going Rogue - An American Life" we will rerun a classic blast from the past:Meanwhile, even the hawkish tabloid, the New York Post, acknowledges that Ms. Palin's ambitious plans for the lecture circuit are hitting some speed bumps: Palin's bookers are said to be asking for $100,000 per speech, but an industry expert tells Page Six: "The big lecture buyers in the US are paralyzed with fear about booking her, basically because they think she is a blithering idiot...
Employment Insurance Recipients on the Decline?
Posted on September 30, 2009CTV News reported Monday that the number of Canadian Employment Insurance recipients has dropped for the first time in a year.The rate of unemployment has been on the decline since July, according to Statistics Canada, which reported that the number of workers on EI benefits decreased by 3...
Ontario Suing Tobacco Companies
Posted on September 30, 2009The Province of Ontario has filed a $50 billion dollar suit against tobacco companies, reports the Toronto Star.The suit was filed to recover the costs associated with treating smoke-related illnesses going back as far as 1955. If Ontario successfully proves its allegations, tobacco companies will have to pay damages based on their sale of cigarettes in the marketplace...
Recently Tweeted - September 28, 2009 Edition
Posted on September 28, 2009It's Monday again, and off we must go with this week's Recently Tweeted recap.As always, we invite you to follow Wise Law on Twitter, where we have up-to-the-minute postings of the many stories time doesn't permit us to address here at the Blog.Suspected terrorist in court to seek stay of proceedings http://bit...
Canadian Mandatory Retirement Dealt 'Fatal Blow' by Ruling
Posted on September 28, 2009If mandatory retirement is not dead, it was certainly dealt a fatal blow by a Canadian Human Rights Tribunal ruling in two cases decided August 28, 2009.George Vilven and Robert Kelly are two Air Canada pilots who were forced to retire at age 60. Both Vilven and Kelly felt that being forced to retire when they were clearly able to perform their jobs was obvious discrimination...
Quote of the Day: Legal Aid a "Triumph of Equality"
Posted on September 28, 2009Frank Addario, President of the Ontario Criminal Lawyers Association. on the continuing boycott of serious criminal cases by the Province's legal aid lawyers:Elected politicians have to declare themselves on access to justice for the poor. Governments that genuinely support equality must provide stable, long-term funding for legal aid programs...
CLE Programme Note: Security for Lawyers In a Wired World
Posted on September 28, 2009A short note that I'll be participating in an upcoming Law Society of Upper Canada teleseminar, Security for Lawyers in a Wired World, on October 14.This CLE programme will tackle emerging confidentiality and security issues for the profession, with focus on "the steps you need to take to protect yourself and your clients in this new technology-driven world...
Video: Glen Beck Dodges on "White Culture"
Posted on September 27, 2009See Glen dodge, weave, shake and squirm, when asked to define the white culture President Obama is alleged to hate:- Garry J. Wise, TorontoVisit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Washington Post's New Social Media Guidelines for Journalists
Posted on September 27, 2009The Washington Post clamps down on perceived journalistic "bias" in social media postings:The new guidelines address the ?perception problem? noted by Narisetti. A key section reads:?When using these networks, nothing we do must call into question the impartiality of our news judgment...
Spam Art and Solicitor-Client Confidentiality
Posted on September 27, 2009I must confess to at least a grudging admiration for the unyielding, malicious creativity demonstrated by spammers and black-hatters in their efforts to tempt - or frighten - unwitting recipients into opening virus-laden emails.Perhaps it will come to be seen as an underground art form, some day...
Toskala?
Posted on September 27, 2009His goaltending in tonight's pre-season loss removes all doubt about the Monster's ultimate future in Toronto - Sabres 7, Leafs 6.Also see: Why Toskala Shoukd Stay- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
University of Quebec Students "One Take" Video - I Gotta Feeling
Posted on September 27, 2009University of Quebec (at Montreal) students rock with this fantastic music video, recorded on campus in one take on September 10. It's going viral:CNN loves it.As they say in the video, Mazel Tov!- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www...
Professional Wresting Executive Linda McMahon Launches Connecticut Senate Campaign
Posted on September 26, 2009Linda McMahon, former CEO of World Wrestling Entertainment (WWE) has announced her candidacy for nomination as Connecticut's Republican senatorial candidate:I'm sure we can expect a colourful, no-holds-barred primary campaign from Linda, Vince, Stephanie and Shane...
Law Society Announces Civility Complaints Protocol
Posted on September 25, 2009From a press release by the Law Society of Upper Canada, which regulates lawyers and paralegals in Ontario:TORONTO, ONTARIO--(Marketwire - Sept. 24, 2009) - The Law Society and the Ontario Courts have established Civility Complaints Protocols designed to improve civility and professionalism among lawyers and paralegals appearing in court proceedings...
N.Y. Motion Dismissed After Staples Draw Blood
Posted on September 25, 2009Law.com:[A] New York judge has thrown out a tort action because, in part, the plaintiffs attorneys stapled the complaint in what he said was a dangerously negligent manner. "[T]he poor stapling of the papers was so negligent as to inflict, and did inflict repeatedly, physical injury to the court personnel handling them," the judge wrote...
Netanyahu to U.N.: Have You No Shame?
Posted on September 25, 2009Also see: Canada boycotts Ahmadinejad's speech from CTV News.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
No Surrender - Happy 60th, Boss
Posted on September 24, 2009Rock and roll's testimony to eternal youth, Bruce Springsteen, turned 60 Wednesday.To mark the occasion, here's a clip from a July,1984 Toronto concert - a concert I remember well. I was an articling student then, managing somehow to get out of the office in time to make it to all the shows Bruce had on in T...
Alberta Court Allows Substituted Service By Facebook
Posted on September 24, 2009Via Slaw's Shaunna Mireau:The February 5, 2009 Order of Master Breitkreuz from Knott v. Sutherland says that the plaintiffs could substitutionally serve one of the multiple defendants by publication of a notice in the newspaper, by forwarding a copy of the statement of claim to the human resources department where the defendant (formerly) worked, and also by sending notice of the action to the Facebook profile of the defendant...
Legal Anomaly?
Posted on September 23, 2009Is it really a legal anomaly that Canada's family laws don't consider the marital misconduct of a spouse who claims spousal support when determining that spouse's entitlement to support?Or just the best available public policy?- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www...
Ontario Appeal Court Allows Religious, Conservative Groups to Intervene in Sex Workers' Charter Challenge
Posted on September 23, 2009The Ontario Cout of Appeal has reversed a July 2009 decision by Superior Court Justice Ted Matlow that refused intervenor status to Christian Legal Fellowship, REAL Women of Canada and the Catholic Civil Rights League in a challenge by Canadian sex-trade activists of the constitutionality of Canada's prostitution laws...
Canada's Chief Justice: Government, Courts Must Respect Civil Liberties in War on Terror
Posted on September 23, 2009Canada.com reports on comments by the Supreme Court of Canada's Chief Justice, Beverley MacLachlin at an Ottawa event yesterday:OTTAWA ? Canada's most senior judge cautioned Tuesday against going overboard in the fight against terrorism by putting too much emphasis on the 9/11 attacks in the U...
Video: Florida Detectives Execute Search Warrant, Play Wii
Posted on September 23, 2009Caught on video. Simply unbelievable.Via Talk Left- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
B.C. Polygamy Charges Quashed
Posted on September 23, 2009City News reports that polygamy charges against Winston Blackmore and James Oler have been quashed by the British Columbia Supreme Court:The men had petitioned the court to stay the charges, arguing that the B.C. attorney general had gone "special prosecutor shopping" until he found someone who would go ahead with charges...
Bill Rogers, Barrister and Solicitor
Posted on September 23, 2009ANNOUNCEMENTCongratulations are in order for Bill Rogers, our firm's newly-minted Associate Lawyer, on his call to the Ontario Bar today at Toronto.Bill completed his articles with Wise Law Office in 2009. He attended Queen?s University Law School, graduating in 1997 with academic prizes for highest standing in Labour Law and Copyright Law...
Recently Tweeted - September 21, 2009 Edition
Posted on September 21, 2009Another Monday - and it's going to be a very busy one, indeed. So we must keep it short and sweet - the only way to tweet - and forge ahead with some of the interesting stories we watched in the last week on Twitter: Court urged to reject Google book deal http://bit...
Another Spelling Bee Contestant...
Posted on September 21, 2009Via Instaputz- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Ottawa's Strange Bedfellows
Posted on September 21, 2009From the irrepressible LeDaro (Harper survives confidence vote): - Garry J. Wise, TorontoVisit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Top 15 Wikipedia Blunders
Posted on September 21, 2009Prostitution libels, premature death and then, there's the "eating domestic pets in pubs for money" problem... PC World chronicles some of the not-so-accurate edits in the annals of Wikipedia.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www...
Sour Grapes In Beantown Over Phil Kessell
Posted on September 19, 2009Departing briefly from our usual banter...The Toronto Maple Leafs' Friday acquisition of 21 year old right-wing sniper, Phil Kessell, from the Boston Bruins leaves a very bitter aftertaste with some in the Bruins corner, including Boston Herald writer Stephan Harris:If [Kessell] thinks changing teams will make everything better, he needs to contemplate the axiom, ?The grass is not always greener on the other wide of the fence...
Happy New Year (Shana Tova)
Posted on September 18, 2009Rosh Hashana, the Jewish new year festival, begins tonight at sundown. Shana tova and Happy New Year 5770 to all who are celebrating.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
In the N.Y. Times...
Posted on September 17, 2009My mom would be so proud (even if it is just an automated link): Jeff will probably like this, too. Automated or not, this New York Times example does illustrate nicely how news and blog content spreads - often unpredictably - via RSS feeds throughout the web...
Another "Birther" Suit Tossed; Lawyer Threatened With Sanctions
Posted on September 17, 2009The Ledger-Enquirer of Columbus, Georgia reports:U.S. District Court Judge Clay Land tossed out on Wednesday a complaint by an Army captain fighting deployment to Iraq by questioning the legitimacy of President Barack Obama.Land also put attorney Orly Taitz, who represents Capt...
Mary Travers (1936 - 2009)
Posted on September 17, 2009Singer Mary Travers of the 60's folk trio, Peter, Paul and Mary has passed away at age 72. This is a 1966 performance of the group's seminal version of Bob Dylan's classic, Blowing in the Wind:- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www...
On "Co-hos" - When Non-Couples Buy Real Estate Together
Posted on September 17, 2009Toronto writer Amy Brown-Bowers takes a look at Ontario law and the phenomenon of "non-couple" co-buying in an online article at Bankrate.com, Co-buying when you aren't a couple:There have been co-ops, condos and co-signers -- and now, there are co-hos...
Ontario's New Family Law Pension Regulations Still MIA
Posted on September 17, 2009While Bill 133, Ontario's Family Statute Amendment Act, became law in May, regulations to establish Ontario's new pension calculation rules are still in limbo - leaving a bit of a black hole for parties and professionals in the Province's family law system...
America's 50 Most Influential Pundits
Posted on September 16, 2009The AtlanticWire has now unveiled its list of what it deems America's 50 most influential columnists, bloggers and talking heads.Topping the list:Paul KrugmanRush LimbaughGeorge WillThomas FriedmanDavid BrooksCharles KrauthammerGlen BeckFrank RichAndrew SullivanKarl RoveLawyer and blogger Glenn Greenwald ranked at number 22...
The Conservative-NDP Coalition
Posted on September 15, 2009Read about it. Who was it, again, who said that coalition with the "socialists" is a bad thing that "will do long term, real damage to the country?"- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Ontario Legal Aid Boycott Continues
Posted on September 15, 2009David Shulman at Law is Cool provides an update on Ontario criminal lawyers' continuing boycott of this Province's terribly underfunded legal aid system.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
The "You Lie" Remix
Posted on September 15, 2009Kanye goes to Washington. Inevitable...More amusement: Wilson's wife: ?I said 'Joe, who's the nut who hollered out, ?You lie??'? - Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
U.S. Doctors Support Public Option
Posted on September 15, 2009So says the New England Journal of Medicine: A RWJF survey summarized in the September 14, 2009 edition of the New England Journal of Medicine shows that 62.9 percent of physicians nationwide support proposals to expand health care coverage that include both public and private insurance options?where people under the age of 65 would have the choice of enrolling in a new public health insurance plan (like Medicare) or in private plans...
Indiana Employer Must Pay for Employee's Weight Loss Surgery
Posted on September 15, 2009From Overlawyered (via AP)?An Indiana court has ruled that a pizza shop must pay for a 340-pound employee?s weight-loss surgery to ensure the success of another operation for a back injury he suffered at work ? raising concern among businesses bracing for more such claims...
Facebook Refuses Virginia Data Disclosure Demand
Posted on September 15, 2009Virgina Workers Compensation Commission request denied - score one for privacy protection:Shana Hensley hurt her back while working for Colgan Airlines and began to collect disability benefits. Then, as Declan McCullagh reports, "After about 18 months ...
Worth a Thousand Words...
Posted on September 14, 2009...even if you can't spell them all:Via Galloping Beaver, where the gentleman above has been given the moniker Teabagger Zero.Via C&L- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Recently Tweeted - September 14, 2009 Edition
Posted on September 14, 2009It's the Monday morning of the first "full week back" after the end of the summer season.What better way to start it off, I ask, than with this a look back at the headlines we've been watching over the last week or so on our Twitter page?Let us begin right away, then:Google ordered to ID authors of emails to York University - National Post http://bit...
Canadian Competition Bureau Has Eye on Coyotes Puck
Posted on September 12, 2009As the hockey world awaits the reserved decision of Arizona Bankruptcy Judge Redfield T. Baum on Jim Balsillie's auction bid to buy the Phoenix Coyotes, the Toronto Star reports that the Canadian Competition Bureau may investigate and intervene if the Toronto Maple Leafs veto a subsequent relocation of the NHL franchise to Hamilton:The Canadian Competition Bureau is keeping an eagle eye on Jim Balsillie's fight to buy the Phoenix Coyotes, and is ready to swoop in if the Maple Leafs veto the franchise's move to Hamilton...
Hume on Harper's Municipal Neglect
Posted on September 12, 2009The Toronto Star's Christopher Hume, lamenting the federal government's refusal to allocate adequate stimulus spending to finance the desperately-needed infrastructure rehabilitation of Toronto and other major, Canadian urban centers:In fact, according to the Federation of Canadian Municipalities, the civic infrastructure deficit in this country now stands at a staggering $123 billion...
Law Blogs, Free Speech and Professional Ethics
Posted on September 12, 2009A New York Times article today canvasses recent professional discipline findings flowing from over-the-top online comments by law bloggers critical of the Courts:?When you become an officer of the court, you lose the full ability to criticize the court,? said Michael Downey, who teaches legal ethics at the Washington University law school...
Jeff Jedras: On "Scary Stephen" and the Secret Harper Tapes
Posted on September 12, 2009National Post contributor Jeff Jedras on the significance of the secret Harper videotapes:No, what is damning about that tape, what will not be part of the public pitch the Conservatives will be making, is the foreshadowing of what a Conservative government would do with its majority...
Rosh Hashana Begins Friday September 18 - Happy New Year
Posted on September 11, 2009And what better way to bring in Jewish New Year 5770 than with this little video of a Rabbi and a puppy:- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Harper Unplugged: Liberal Governmemnt Would Do "Long-Term, Real Damage to Canada"
Posted on September 10, 2009Judging by his inflamed rhetoric at a recent "closed to the media" Conservative Party session in Northern Ontario, it appears our Prime Minister fears that a Liberal government may soon be in the cards: "Do not be fooled for a moment. If we do not get a majority, the Liberals, the NDP and the Bloc Quebecois will combine and they will form a government...
The Cost of Heckling the President
Posted on September 10, 2009TPM reports that "Rep. Joe Wilson's 2010 opponent has received more than $100,000 in contributions overnight."Congressman Wilson shouted "you lie" at President Obama during last evening's Presidential address to Congress. He apologized to the President immediately thereafter...
Jurors Shouting and Throwing Chairs?
Posted on September 10, 2009Via ABA Journal, maybe the jurors in this Manhattan courtroom thought they were at a town hall meeting, or something...The Manhattan judge overseeing the first Fosamax federal product liability trial has ordered a cooling off period after one lawyer reported hearing shouting from the jury room and a juror reportedly claimed someone threw a chair at her...
Phoenix Coyotes Bankruptcy Decision: "Monumental Repercussions" for Professional Sports
Posted on September 10, 2009As Gary Bettman and Jim Balsillie prepare to take the stand on Friday, the experts weigh in on the outcome of this week's auction of the Phoenix Coyotes in an Arizona bankruptcy court:..Yet at the core of the Phoenix Coyotes bankruptcy auction is whether the NHL controls its own properties and whether its bylaws can legally determine who can and can not own them...
Rep. Joe Wilson: Maybe Not So Sorry, After All
Posted on September 10, 2009The "you lied" congressman takes to You Tube, speaks again."I will not be muzzled." (Now please give me money...)Via TPM- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Video: Pow-Wow at M'Chigeeng First Nation
Posted on September 08, 2009On Saturday, at the close of our Manitoulin Island holiday, we visited the 2009 M'Chigeeng First Nation Pow-Wow I couldn't resist the chance to take a bit of Blackberry video, and here it is - a colourful sampling of First Nations dance, song and drumming, along with an inspiring conversation with M'Chigeeng artist, author and Shaman, Ken Ense:In addition to dance and song, a pow-pow also showcases quite a bit of humour...
Summer, Just A Little Bit Longer...
Posted on September 05, 2009Jim Seals and Dash Crofts with a live version of their 1970's classic, Summer Breeze:- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Quotable
Posted on September 05, 2009From an Andrew Sullivan reader:Can someone remind me what it is the NIMBY crowd thinks these detainees are going to do once transferred to the U.S.? They act like these guys are half-MacGyver, half-Houdini, and half-Lecter. Do they think they're Transformers or X-Men or something, and that as soon as these mostly low-level terrorists touch U...
Recently Tweeted - September 4, 2009 Edition
Posted on September 04, 2009As the sun begins a slow descent on our end-of-summer Manitoulin Island getaway, we bring in the holiday weekend from the beautiful Ontario northland with this super-sized sampling of the stories we've followed on Twitter over the last two weeks: Legal Counsel for Michael Bryant Appointed - Canada NewsWire (press release) http://bit...
Orangeville Editorial Calls For Justice Pugsley Elevation
Posted on September 03, 2009I'm not sure I've previously seen an editorial calling for the elevation of a provincially-appointed Ontario Court Judge to the federal, Superior Court bench.The Orangeville Citizen has done exactly that today, calling upon the Prime Minister to appoint Justice Bruce Pugsley to a higher court:IF PRIME MINISTER STEPHEN HARPER has been keeping up with the news during his Northern exploits, he may be thinking seriously of exerting his influence to have Justice Bruce Pugsley appointed as a judge of the Ontario Superior Court or the Federal Court of Canada...
More "Canadian Health Care Lottery" Nonsense
Posted on September 03, 2009This time, from David Kopel at Volokh.For more background on the problem of physician shortages in rural communities north and south of the border, see our previous post on this topic: Canada's Medical Care Lottery.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www...
A Blemish on the U.S. Military
Posted on September 02, 2009Discrimination (via MSNBC):Suffer from a bad case of acne? That could disqualify you from joining the Army National Guard. ...Under pressure from the Pentagon to trim its ranks, the Guard has been quietly phasing in new restrictions that make it harder to enlist...
Ten Years of Blogger
Posted on September 02, 2009Google celebrated the tenth birthday of Blogger, the miraculous platform that hosts and operates this blog and millions of others, today. - Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Michael Bryant: Did the Police Rush to Judgment?
Posted on September 02, 2009Given the unusual evidence now emerging regarding the deadly, downtown Toronto altercation between former Ontario Attorney General Michael Bryant and bicycle courier, Darcy Allan Sheppard, it is now abundantly fair to question whether the Toronto Police may have jumped the gun in charging Mr...
Grudge Match
Posted on September 01, 2009Time Magazine's Joe Klein vs. Salon's Glenn Greenwald.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Toronto to have an Island Airport Tunnel?
Posted on September 01, 2009According to the Toronto Star the Toronto Port Authority (TPA) has made its first step in moving forward with building a pedestrian tunnel under the lake, to the island airport which is hoped to be completed by March 2011. The TPA just issued a formal request for proposals to conduct an environmental assessment, which is said to be the first step in development...
Conjugal Rights for Pakistani Prisoners
Posted on August 31, 2009According to a BBC news report, Pakistan's top Islamic court, The Federal Shariat Court, has ruled that prisoners in jails across the country must have greater conjugal rights and visits from spouses.The court is said to have ruled that the lack of facilities in jails across the country that offer the necessary privacy for family visits had led to rising levels of homosexual sex, drug addiction and other immoral activities in national jails...
Legal Outsourcing
Posted on August 27, 2009Financial Post's Julius Melnitzer writes about the growing trend of outsourcing after Rio Tinto's recent decision to outsource corporate-commercial work to India. "If there were ever an iceberg that was truly just the tip of the iceberg, the recent decision by Rio Tinto Group to hire Indian lawyers to do basic corporate-commercial legal work may well qualify...
Texas Judge Keeps An Eye On Counsel - On Facebook
Posted on August 26, 2009From Texas Lawyer, via Carole Elefant, the saga of Texas judge and social media aficionado, Susan Criss, continues:Criss recalls that recently a lawyer told her she needed a continuance because of a death in her family. The judge previously had given the lawyer a weeklong continuance, but at a subsequent hearing the lawyer's senior partner, who appeared on her behalf, told Criss his colleague actually needed a month-long postponement, Criss says...
Take My Mother-In-Law - Please!
Posted on August 26, 2009An angry mother-in-law has had enough of being the punchline in her comedienne daughter-in-law's stand-up routine. She is suing in New Jersey. Law.com has the story:A New Jersey federal judge has been asked to order comedian Sunda Croonquist to shut up already with the Jewish mother-in-law jokes...
Senator Edward Kennedy, 1932 - 2009
Posted on August 26, 2009Camelot's final curtain, as the last of the Kennedy brothers passes at age 77.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
The U.S. Torture Prosecutions
Posted on August 26, 2009U.S. Attorney General's Eric Holder announced Monday that he has appointed an independent prosecutor to investigate allegations of torture against some CIA interrogators who questioned detainees captured in the previous administration's "war on terror...
Manslaughter Charges likely against Jackson?s Doctor
Posted on August 25, 2009According to L.A. 's coroner, pop star Michael Jackson died from a lethal dose of the powerful anesthetic propofol given in a cocktail of drugs.The findings, contained in court documents seeking a warrant to search Dr. Murray's home and offices in Houston, have lead authorities to suspect Dr...
The Blackberry Bar
Posted on August 25, 2009Lawyers Weekly writer Milton Kiang takes a look at the relationships between lawyers and our smartphones, and finds attitudes all over the map:Lang Michener LLP banking partner Eric Friedman says matter-of-factly: ?Clients have an expectation that you?ll always be in touch with the office...
U.S. Health Care Debate: A Test of Democratic Party's Ability to Govern
Posted on August 25, 2009NY Times' Ross Douthat gets it right:In reality, the health care wrestling match is less a test of Mr. Obama?s political genius than it is a test of the Democratic Party?s ability to govern. This is not the Reagan era, when power in Washington was divided, and every important vote required the president to leverage his popularity to build trans-party coalitions...
Ontario's Open Adoption Registry: An Update
Posted on August 25, 2009Reader C.H. provides the following update on the opening of Ontario's adoption records:Some people I know have now received their identifying information.In cases that I know about, it seems that the father's name is not on the documents even though the mother has named him...
Manitoulin Island, Ontario
Posted on August 24, 2009Greetings from Manitoulin Island, Ontario, where we are having a bit of August R and R. This photo was taken at Evergreen Resort, near Gore Bay.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Good Grief: President Hannity?
Posted on August 23, 2009Is Sean Hannity considering a run for the White House in 2012? Talk-show host Sean Hannity, a vocal opponent of Barack Obama's policies, said today he would not rule out a bid for the presidency in 2012.If so, a candidate will actually have emerged who will, by comparison...
Suaad Hagi Mohamud Launches $2.5 Million Law Suit
Posted on August 22, 2009According to National Post, Suaad Hagi Mohamud, the Canadian woman stranded in Kenya for over three months after Canadian embassy officials in Kenya wrongly branded her an imposter, has sued Canadian Government for $2.5 million. Ms. Mohamud, who was visiting her mother in Kenya, was detained and barred from leaving Kenya after authorities said her lips did not match her four-year-old passport photo...
Recently Tweeted - August 21-09 Edition
Posted on August 21, 2009It's that time of week again, and this vacation edition finds us on the road, dodging tornadoes at home as we detour to avoid Hurricane Bill in the east. None of that, however, could ever delay delivery of yet another installment of Wise Law Blog's tweets of the week:Oklahoma judge finds broad abortion law unconstitutional http://bit...
Levitt's Lament
Posted on August 20, 2009Employers' lawyer Howard Levitt breaks the "bad news" to his Financial Post readers - Suing Employers Soon to Get Easier.On Jan. 1, the most dramatic changes to the rules of court since 1985 will be implemented. These rules will disable three of the most valuable weapons in employers' litigation arsenal-- costs, complexity and delay...
Will Massive Ontario Legal Aid Deficit Threaten Service?
Posted on August 20, 2009Legal Aid Ontario faces a budget shortfall of $56 million, and service cutbacks to may lie ahead, according to a report today by the Globe and Mail's Kirk Makin:The Ontario legal aid plan faces a staggering $56-million budget shortfall - a funding crisis that comes as it is already reeling from a boycott by senior criminal lawyers...
Facebook "Lite..".
Posted on August 20, 2009Remind you of anything...?- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
More Twoubles in Tweetville?
Posted on August 20, 2009- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Congressman Barney Frank is My Hero
Posted on August 19, 2009New York Congressman Barney Frank, via CNN, pushing back at a town hall meeting on health care reform:While Frank attempted to respond to all questions, he gave up when one woman compared health care proposals favored by Frank and President Obama to policies of Nazi Germany...
The Fallibility of DNA Evidence
Posted on August 18, 2009A New York Time article today highlights proof by Israeli researchers that DNA evidence may not be such a sure thing, after all:The scientists fabricated blood and saliva samples containing DNA from a person other than the donor of the blood and saliva...
Kinsella on Kinsella
Posted on August 18, 2009Richard Albert has a light-hearted and entertaining profile of Warren Kinsella, Liberal Party strategist extraordinaire, in The Politic today. See: Warren Kinsella: Prince of DarknessMost amusing is Mr. Kinsella's discussion of his 1997 electoral loss as candidate in B...
e-Resources for Lawyers
Posted on August 18, 2009Slowly, but surely, the legal profession appears to be embracing the Internet.It has been a justifiably cautious embrace, I might add. Online participation requires us to confront very real concerns about security, confidentiality, privacy - and professional responsibility - in a wholly new context...
Ontario Adoption Registry Records Opened, June 1, 2009
Posted on August 17, 2009On June 1, 2009, Ontario opened its adoption registry, to permit adopted adults and their biological parents to learn more about each other. The Provincial Government's June 1 press release stated:McGuinty Government Opens Records For The First Time Since 1927Starting today, adopted adults and birth parents can get more information about their past...
CSNY Day at Wise Law Blog
Posted on August 17, 200940 years ago, today, it all began... - Garry J. Wise, TorontoVisit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
CSNY @ Woodstock
Posted on August 16, 2009It was forty years ago tomorrow, on August 17, 1969, that Crosby, Stills, Nash and Young first introduced themselves to the "half a million strong" at Max Yasgur's farm near Woodstock, New York.It was nearly 4:00 a.m. when Graham Nash, Steven Stills and David Crosby finally took the stage...
Political Pennance
Posted on August 16, 2009Our quote of the day, from Bruce Bartlett, decribed in Wikipedia as "a domestic policy adviser to President Ronald Reagan and a treasury official under President George H.W. Bush:"I believe that political parties should do penance for their mistakes and just losing power is not enough...
The Tale of the Art of Norval Morrisseau, and the Artifacts of Grand Forks
Posted on August 15, 2009Canadian art and Canadian artifacts; their worlds are often distinct. However last year they merged in two courts, illustrating how egos, principles, and perhaps greed, can motivate individuals and groups which are purportedly acting solely in the interest of a greater public good...
Questions for the "Obamacare Death Panel" Prophets
Posted on August 14, 2009I have a few question for those ornery, silly conservatives in America who actually believe that Democratic health care proposals currently before Congress could result in an entrenched, national requirement that health-care dollars be saved by enforcing mandatory, non-consensual euthanasia (I think that is code for murder) of the elderly and disabled by America's physicians...
Friday Blawg Roundup
Posted on August 14, 2009Some stories that have recently caught our collective eye: Costs in a Hague ApplicationA recent blog by Toronto family lawyer Andrew Feldstein discusses the case Mitchell v. Mitchell where an Ontario judge awarded $35,000.00 in costs to a father who applied under the Hague Convention to have his son returned to Florida from Canada...
The Late, Great Les Paul
Posted on August 14, 2009Via Crooks and Liars- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Recently Tweeted - August 14-09 Edition
Posted on August 14, 2009This is another installment of "a little birdie told me so," with highlights of our Twitter updates over the past week:Court Rules Ottawa Must Seek Khadr's Return http://bit.ly/zGIJnJackson estate expected to balloon by $200M http://bit.ly/2pBCsBTort Reform Leader Brings Class Action Over Towed Car http://bit...
Quote of the Day
Posted on August 13, 2009Patrick Appel, on David Bernstein's ridiculous argument that there may be genuine rationale for fearing that progressives' have an inclination toward eugenics - and apparently, by extension, the alleged, deadly perils of Obamacare:His post has more strawmen in it than all the cornfields of Iowa...
Learning the "Power of the Internet" (the Hard Way II)
Posted on August 12, 2009This alleged Facebook chat is making the rounds, and certainly underlines the dangers of "friending" the boss (and of online indiscretion, generally).(Of course, it also left me thinking of the good old days of Wallace damages...)(h/t - Steven H.)- Garry J...
Learning the 'Power of The Internet' (The Hard Way)
Posted on August 12, 2009CBC reports on David Fraser, one of three hunters whose illegal duck-shooting escapades garnered You Tube fame - and a $5,000.00 fine in a Saskatchewan court, after pleading guilty to hunting law violations:Fraser said he also learned a lot about the power of the internet and about exercising extra caution when posting to social networking sites...
Meghan McCain on Her "Feud" With Michelle Malkin
Posted on August 12, 2009Twitter 'followers' as the new indicator of social (and political) currency, according to Meghan McCain, the conservative advocate and daughter of Senator John McCain:I don?t know exactly what about me threatens them so much, other than that people are listening to me...
Bill Clinton Returning to Speak at Toronto Stadium
Posted on August 12, 2009Former U.S. President Bill Clinton will be back on Canadian soil this summer with a speaking engagement at the Toronto's B.M.O. Field on August 29, 2009 at 4:00 p.m. He will address the topic "Embracing Our Common Humanity."Details on the event were provided in the Toronto Star today:Tickets will cost between $20 and $50 and Clinton will speak at BMO Field...
Canadian Woman Detained in Kenya Coming Home
Posted on August 11, 2009We have a quick update to our post our July 19, 2009 post Is it Time to Update Your Passport Photo?The Toronto Star reports that Suaad Mohamud Haji, the young Canadian woman who was falsely detained in Kenya due to an old passport photo that apparently didn't look "enough" like her, will be soon returning to Canadian soil after DNA tests requested by her lawyer conclusively proved her identity...
Duck-shooting Video Prompts Arrests
Posted on August 10, 2009The Vancouver Sun reports that three men were arrested in Saskatchewan after a YouTube video showed them shooting ducklings.The video that was posted last week shows a group of young men driving around in a car, shooting ducklings illegally and allegedly breaking several wildlife and firearms laws in the process...
Dangerous Rhetoric
Posted on August 07, 2009Limbaugh, again:- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Worth Knowing
Posted on August 07, 2009N.Y. Times:Together, China and the United States account for about 40 percent of pollutants linked to climate change.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Tampa: Health Reform Town Hall Marred by Violence
Posted on August 07, 2009Huffington Post: Police officers were called to calm down an unruly crowd outside a health care reform town hall meeting in downtown Tampa, Florida on Thursday evening, according to local news reports.Angry protesters screamed, yelled and banged on windows as officers hurried to guard the entrances to the facility, where U...
Balsillie Back in Coyote Hunt
Posted on August 07, 2009Research in Motion owner Jim Balsillie appears to be very much back in the game after a ruling Wednesday by U.S. Bankruptcy Court Judge Redfield T. Baum.Judge Baum held that all bids to purchase the Phoenix Coyotes will be considered in a September 10th auction of the team, including bids by prospective owners who intend to move the team outside the Phoenix market...
Twitter, Facebook Attack Targeted Single User
Posted on August 07, 2009Quite amazingly, much of the world's social media infrastructure was brought to its knees Thursday by a denial of service attack that was aimed at silencing one Georgian blogger. CNET News reports:A Georgian blogger with accounts on Twitter, Facebook, LiveJournal and Google's Blogger and YouTube was targeted in a denial of service attack that led to the site-wide outage at Twitter and problems at the other sites on Thursday, according to a Facebook executive...
The Twitter Theme Song (by John Denver)
Posted on August 07, 2009Follow me where I go, what I do and who I knowMake it part of you to be a part of meFollow me up and down, all the way and all aroundTake my hand and say youll follow meGlad to see Twitter is apparently back after a rough Thursday.- Garry J. Wise, TorontoVisit our Toronto Law Firm website: www...
Rachel's Bits and Briefs
Posted on August 07, 2009A few brief notes to take us into the weekend...Harper Backed by Premiers vs. 'Buy American' Policy The nation's provincial Premiers have united to back Prime Minister Stephen Harper?s fight against the protectionist trade policies being implemented in the U...
Recently Tweeted - August 5 Edition
Posted on August 05, 2009Here are some of our more interesting Wise Law Tweets from the last week:USA: Rate of death threats against Obama at 30 per day - up 400 per cent from the 3,000 a year or so under "W" -http://tiny.cc/WiseLaw780Ontario Judge nixes suit by winner's friend for lottery share:"During this trial,truth was only an occasional visitor"http://tiny...
Ontario Drivers' Cell Phone Ban Likely in Effect in October
Posted on August 02, 2009Ontario's "no talking while driving" law will likely come into effect in October 2009, according to a July 27th report in Market News, an electronics industry journal that interviewed Jim Bradley, Ontario's Minister of Transportation:It's official....
Teachable Moments and Lessons Unlearned
Posted on August 02, 2009New York Times columnist, Bob Herbert, hits the nail on the head on Gatesgate - Anger Has Its Place:No more than five or six minutes elapsed from the time the police were alerted to the possibility of a break-in at a home in a quiet residential neighborhood and the awful clamping of handcuffs on the wrists of the distinguished Harvard professor Henry Louis Gates Jr...
Will Twitter Revolutionize Professional Sports?
Posted on August 02, 2009Washington Post writer Rick Maese takes an intriguing look at how professional athletes' increasing use of Twitter to communicate directly with fans will change everything: For the first time, fans aren't dependent on media reports for training camp updates...
Texas Judge Uses Facebook, Explores Social Media Ethics for Judiciary, Lawyers
Posted on August 01, 2009ABA Journal profiles Susan Criss, Galveston, Texas Facebook user and State Court Judge,:The judge's near-breathless accounts of questionable online activity by members of the bench and bar had many in the audience wondering whether Facebook, Twitter and their ilk are worth the headache...
Did Corporate Execs Force Truce on O'Reilly and Olbermann?
Posted on August 01, 2009A New York Times article contends that News Corp. and General Electric executives imposed an end to the vaunted cable news feud between Fox's Bill O'Reilly and MSNBC's Keith Olbermann:?For this war to stop, it meant fewer headaches on the corporate side,? one employee said...
Meet The Real John Doe
Posted on July 29, 2009He really exists...- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
The U.K. Law Lords' Last Hurrah
Posted on July 29, 2009Times Online on the U.K.'s shift from ther Hopuse of Lords to a new Supreme Court:Today the law lords sit to give judgment for the last time in the House of Lords and, as Lord Hope of Craighead said there last week, the upper chamber will be ?losing part of itself?...
Quotable: Silvergate on Gates and Crowley and Freedom of Speech
Posted on July 29, 2009Cambridge, Massachusetts First Amendment lawyer, Harvey A. Silvergate at Forbes Magazine, on Citizen Gates and Officer Crowley:...Put more simply, why do we as a society so often ignore traditional notions of First Amendment freedom to speak one's own notion of truth to power when one party to the confrontation is wearing a uniform, a badge and a gun?Some of the media commentary is quite remarkable, replete with claims that Crowley had a right to arrest Gates because the professor was loud and offensive...
Recently Tweeted
Posted on July 29, 2009Some of our recent Wise Law Tweets for your viewing pleasures:Microsoft, Yahoo team up to ding Google with Bing -http://tiny.cc/WiseLaw439Candid' Madoff explained fraud - http://tiny.cc/WiseLaw564Mayor David Miller: Toronto workers can return once deal ratified -http://tiny...
Apology Lessons from Amazon CEO
Posted on July 28, 2009So, this is what an actual, public apology sounds like:Jeffrey P. Bezos says:This is an apology for the way we previouslyhandled illegally sold copies of 1984 and other novels on Kindle. Our "solution" to the problem was stupid, thoughtless, and painfully out of line with our principles...
Sore Losers
Posted on July 28, 2009Former Bush speechwriter David Frum pushes back against neocon criticism of Obama in Quit Whining 2:It is also to act and look like sore losers. If America has been sliding gently but irresistibly into soft despotism, where were all the valiant defenders of liberty before November of 2008? Soft despotism begins to look less like a profound sociological trend, more like undulations of the sine curve: It?s despotism when we lose, freedom when we win...
World's Most Livable Cities: Vancouver, Toronto and Calgary in Top Ten
Posted on July 27, 2009From The Economist, via Toronto Marketing Blog: Three Canadian Cities at Top Of Livability Survey- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Another Reason Why Mandatory Family Law Mediation is a Good Idea
Posted on July 27, 2009Divorce hurts health even after remarriage- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Video: Visiting John Yoo's Law School Classroom
Posted on July 23, 2009John Yoo, the legal architect of the Bush "enhanced interrogation" regime receives a visitor to his Tax Law class at Chapman University School of Law in Orange County, California: - Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw...
Charles Doherty Gonthier, August 1, 1928 ? July 16, 2009
Posted on July 20, 2009The Supreme Court of Canada today released the following statement on the passing of a former Justice of the Court, Charles Doherty Gonthier:OTTAWA, July 20, 2009 ? The Honourable Charles Doherty Gonthier, formerly a Justice of the Supreme Court of Canada, passed away in Montreal, Quebec, on July 17, 2009...
Stop Motion
Posted on July 19, 2009Your Sunday feel-good video:(h/t - David Silverberg)- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Rachel's Bits and Briefs
Posted on July 19, 2009Here are a few notes for the weekend:Ontario Criminal Lawyers' Legal Aid Boycott ExpandsAn Ontario Legal Aid boycott by criminal lawyers has now expanded to reach Kingston and Thunder Bay, reports the Law Times. The Criminal Lawyers Association (CLA) is organizing quickly in to effect change to a legal aid program that it argues has been ?broken for over 20 years...
Dealing With Antiques On Marital Breakdown
Posted on July 19, 2009A recent decision of the Supreme Court of British Columbia confirms that trying to predict how a judge with deal with the division of antiques upon marital breakdown is futile, and that it?s best to resolve at least that one issue outside of the courtroom...
The Case That Perry Mason Lost
Posted on July 18, 2009Judge Sonia Sotomayor may have been stumped by Senator Al Franken's question about the one case that Perry Mason "lost," but with the help of Google, we at Wise Law Blog are not.Here, then, is the verdict from The Case of the Deadly Verdict (10/17/1963):Mr...
LawPRO Webinar on Fraud Against Lawyers Now Online
Posted on July 18, 2009Dan Pinnington of LawPRO has posted the following notice at Slaw that will be of interest to Ontario lawyers: On May 26 LAWPRO put on a special webinar aimed at helping lawyers to avoid being the victims of fraud. It was hosted and broadcast by the Ontario Bar Association...
The Sotomayor Tapes
Posted on July 18, 2009Politico has obtained and published audio of appeal hearings presided over by U.S. Supreme Court nominee Sonia Sotomayor.The tapes are a fascinating study of the appellate process. For what its worth, I'm not hearing much at all in the way of the storied "temperament" issues regarding Justice Sotomayor, in spite of the headline of the Politico story that introduces the audio recordings, Court Tapes Show Blunt Sotomayor...
Quebec Common Law Spouse Loses Constitutional Challenge, Denied Spousal Support, Property Division
Posted on July 17, 2009A Quebec billionaire's former common-law spouse has lost her constitutional challenge against provisions of Quebec's Civil Code that narrowly limit the entitlements of unmarried partners in the Province upon relationship breakdown.She claimed payment of spousal support from her former spouse as well an entitlement to sharing of the family's property...
Mother's Refusal of "Required" C-Section: Is it Child Abuse or Neglect?
Posted on July 17, 2009Volokh reports on New Jersey Division of Youth and Family Services v. V.M. and B.G., a fascinating decision by the Superior Court of the New Jersey Appellate Division, reversing a trial judge's ruling that a mother's refusal to consent to a Cesarean section that had been urged by attending physicians constituted child abuse or neglect, justifying intervention by State child welfare authorities...
The New United Kingdom Supreme Court
Posted on July 16, 2009Times Online reports that Britain's new Supreme Court is readying to open on October 1st:Yesterday Lord Bach, the Justice Minister, welcomed the media for a first glimpse of the newly refurbished court, fashioned from the Grade II listed building that was once the courts of Middlesex Guildhall...
Canada's Medical Care Lottery
Posted on July 16, 2009So this is what passes as serious commentary on health care reform in the United States of America. It will be news to all of us on this side of the border, but apparently, Canada has a lottery system to "decide who gets to go see a doctor this month...
Kids in Ontario Summer Camps Screened for H1N1 Flu, 3 Cases Reported
Posted on July 16, 2009This is a very disturbing report from CTV News on the emergence of H!N1 flu at three Ontario summer camps:Officials at summer camps in areas across Canada are screening new campers for signs of swine flu, after three Ontario camps reported that kids there had become sick with the worrisome flu...
Canada Privacy Commissioner: Facebook Violates Privacy Law
Posted on July 16, 2009A report released today by Canada's Privacy Commissioner finds that that Facebook is in violation of PIPEDA, Canada's Personal Information Protection and Electronic Documents Act, and calls upon Facebook to comply with Canadian privacy legislation...
When America Selects a Supreme Court Judge...
Posted on July 15, 2009(h/t - Red Tory)Also see: Sotomayor, Franken both 'Perry Mason' fans- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Canada: Employment Law Update
Posted on July 08, 2009I'll note two good articles on recent Canadian employment law rulings that are of considerable importance:Lawyers Weekly has Suing abusive employers in tort, a fine piece by Steve Levitt on the December, 2008 decision of the Ontario Superior Court in Piresferrerira v...
On Excessive Tweeting Syndrome
Posted on July 08, 2009WebPro News poses the resounding question of our times: Do you unfollow people who tweet too much?Yes. But only rarely.Especially tempting are some of those hockey writers who just can't seem to help themselves (but even they get a bye during free agent season)...
Alberto Gonzales Lands New Job
Posted on July 08, 2009Alberto Gonzales, former U.S. attorney general, expected to teach at Texas Tech UniversityMakes me think of that ancient proverb - "Those who can, do. Those who can't teach.... "**(And of course, then there was Woody Allen's memorable take on this: "Those who can't do, teach...
Great Headline of the Day
Posted on July 08, 2009Farmers blinded by 'Jed Clampett fever from Ottawa Business Journal- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Eddie Greenspan on Michael Jackson
Posted on July 07, 2009From the Edmonton Sun:If a jury says not guilty, that means, in law and in fact, the person found not guilty is innocent. Whether or not people have difficulty accepting this proposition, it is a central tenet in a free country... You don't have to forget his unusual relationship with young boys, but you should remember what an acquittal means...
Quotable
Posted on July 06, 2009Balloon Juice on Sarah Palin and her conservative boosters:Nothing annoys me more than the conservative myth that to be an ordinary American you have to be a moron. Although it?s probably just a corollary of the myth that to be an ordinary American you have to be conservative...
Wise Law Blog - Profiled and Reviewed
Posted on July 05, 2009Michael Carrabash of Dynamic Lawyers was nice enough to do a recent profile report on me. Here's the link - Profile on Garry Wise: the Employment Lawyer and Legal Tech Guru talks about how technology has changed the legal industry.Also interesting is Michael's own, personal blog post about our meeting (read it and find out more on lessons to be gleaned from from the sham-wow guy)...
Michael Jackson's Estate
Posted on July 05, 2009Michael Jackson's will is now posted online for all to see.USA Today chimes in with Michael Jackson's Estate: The fallout will be monumental:Even the valuation of Jackson's most valuable asset ? his stake in a music catalog whose publishing rights includes Beatles songs ? could be subject to protracted debate...
?Catcher? Ruling Will Discourage Other Would-Be Parodies?
Posted on July 03, 2009A ?sequel? to The Catcher in the Rye written by Swedish author Fredrik Colting, a.k.a. ?J.D. California,? has been kyboshed by Manhattan judge Deborah Batts, the ABA Journal reports..The judge ruled that the new book infringed the copyright of the original novel?s author, J...
Ex-spouse must pay for mental abuse after break up
Posted on July 03, 2009An Ontario man who "threatened and harassed" his ex-spouse after they broke up has been ordered to pay $15,000.00 in damages for intentionally inflicting mental distress, plus nearly a quarter million dollars in legal costs. Law journalist Cristin Schmitz reports in the Ottawa Citizen that Darko Danicic (also known as Danic) deliberately used abusive tactics in a failed attempt to intimidate Traci McLean, his ex-common-law spouse, into dropping her property and spousal support claims...
Blawg Note: Happy Anniversary, Overlawyered
Posted on July 02, 2009Congratulations are due to Overlawyered, quite possibly the first law blog, which marked its tenth anniversary yesterday.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Paying the Bar Bill
Posted on July 02, 2009After successfully passing the New York bar exam, aspiring lawyer Robert Bowman has been denied a license to practice law by the Appellate Division of the State Supreme Court - because of an unpaid, $430,000.00 student loan that had accumulated over twenty years, without a single payment ever being made...
On Palin (Again)
Posted on July 02, 2009This week's must read: It Came from Wasilla, Todd Purdum's Vanity Fair article on Sarah Palin.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Happy Canada Day
Posted on July 02, 2009We?re The Best: How Canada Stacks Up Internationally- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
The World We Live In
Posted on June 27, 2009Associated Press on Iran, international attention spans and the real world - as revealed by the modern news cyle:As the protests dwindle amid intensifying official pressure, the opposition may suffer from a decline in international attention. The protests and violence dominated Western news broadcasts for nearly two weeks, with the reports substantially bolstered by videos gleaned from Internet sites and by commentary from social networking sites...
King of Pop Dead
Posted on June 25, 2009Vancouver Sun reports that Michael Jackon died toady afternoon in his LA mansion after suffering a cardiac arrest. He was 50.One of musics most influential and successful artists, Jackson found place in the Guinness Book of World Records for "Most Successful Entertainer of All Time...
U.S. Supreme Court Denies Constitutional Right To DNA Testing
Posted on June 20, 2009Another sad day for American justice, as a narrow 5-4 majority of the U.S. Supreme Court holds that the due process clause of the U.S. Constitution's Fifth Amendment does not guarantee prisoners access to potentially-exonerating, post-conviction DNA testing:[Chief Justice John] Roberts, joined by Justices Antonin Scalia, Anthony M...
$1.92 Million Damages for Illegal File Sharing
Posted on June 19, 2009A Minnesota jury has ordered a Minneapolis woman to pay damages to the music industry of $1.92 million for willful copyright infringement.Jammie Thomas-Rasset had illegally shared 24 songs online. She was ordered to pay damages of $80,000.00 per song...
Ontario Court Nixes CIBC Overtime Class Action
Posted on June 19, 2009A' class action proceeding by bank tellers against the Canadian Imperial Bank of Commerce for $600 million in unpaid overtime wages has been dismissed by an Ontario Superior Court judge.Madame Justice Joan Lax ruled against certification of the class action proceeding yesterday, holding that inadequate "common issue" presented among the individual claimants in the class to justify continuation of the class action...
Facebook's "New Rules" for Divorcing Couples
Posted on June 19, 2009Daniel Clement of New York's Divorce and Family Law Blog provides a nice thumbnail summary of Time Magazine's Five Facebook No-No's For Divorcing Couples.See New Rules for Divorce and Social Networking:The rules, as compiled by Time, can succinctly be boiled to one- ?Discretion is the better of valor...
Video: The War on Jokes - Protesting David Letterman
Posted on June 19, 2009Funny stuff from Sam Seder:- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Montana Town Demands Job Applicants Provide Facebook Passwords
Posted on June 19, 2009See ABA Journal: Town Requires Job Seekers to Reveal Social Media Passwords:...job seekers for Bozeman city posts are required to sign a background check waiver. In addition to allowing standard criminal records checks and past employment reviews, the applicant is required to do the following:"Please list any and all, current personal or business websites, web pages or memberships on any Internet-based chat rooms, social clubs or forums, to include, but not limited to: Facebook, Google, Yahoo, YouTube...
Web 2.0 becomes Landmark Word
Posted on June 17, 2009According to news reports, "Web 2.0" which refers to the second generation of web development became the millionth word in the English Language. MSN news reports that on June 10th 2009 Texas-based Global Language Monitor, which monitors the English Language, announced that Web 2...
Iran Reality Check
Posted on June 16, 2009I am inclined to agree with John Cole's comments in The Blogger Coverage of Iran that the blogosphere's enthusiastic endorsement of allegations of election fraud in Iran has been slightly overblown and, from a factual standpoint, a bit hard to swallow...
Twitter Downtime Delayed to Aid Iran Communications
Posted on June 16, 2009Twitter has jumped into the political fray, acknowledging the critical role it is playing in Iran, with this announcement:Down Time RescheduledA critical network upgrade must be performed to ensure continued operation of Twitter. In coordination with Twitter, our network host had planned this upgrade for tonight...
Phoenix Judge Rejects Balsillie's Hamilton NHL Bid
Posted on June 15, 2009Via CBC:Canadian billionaire Jim Balsillie's bid to buy the Phoenix Coyotes and move the NHL team to Hamilton was rejected Monday by an Arizona bankruptcy judge.Balsillie, the co-CEO of Research In Motion Ltd., maker of the BlackBerry smartphone, had imposed a June 29 deadline to complete the sale ? hoping to speed up the process and have the team ready to play in Hamilton for the 2009-10 season...
That Facebook URL Thing
Posted on June 14, 2009I caught the Facebook url bug today, so you can now find us @: www.facebook.com/garryjwiseAnd for those who prefer to tweet:https://twitter.com/wiselaw- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
On Supreme Court of Canada Justice Rosalie Abella
Posted on June 12, 2009Writer Kirk Makin profiles Madame Justice Rosalie Abella of the Supreme Court of Canada in today's Globe and Mail:Five years after Judge Abella arrived on the court, the jury is in. Having largely silenced critics of her public profile and vocal support of social causes, Judge Abella has emerged as a tower of strength in her favoured fields - family law, employment law, youth criminal justice and human rights...
Canadian Human Rights Commission Releases Report on Section 13 Hate Provision
Posted on June 12, 2009The Canadian Human Rights Commission has tabled a report to Parliament on the nation's hate laws.Titled Special Report to Parliament - Freedom of Expression and Freedom from Hate in the Internet Age, the report recommends amendments to Section 13 of the Canadian Human Rights Code...
California Marketing Executive Awarded $4.1.Billion in Wrongful Dismissal Suit
Posted on June 12, 2009A California arbitrator has awarded a marketing executive compensation of $4.1 billion in a wrongful dismissal claim. Via World of Work:An arbitrator recently awarded $4.1 billion in favor of the former chief marketing officer of iFreedom Communications Inc...
International Enforcement of Ontario Child Support Orders
Posted on June 12, 2009In response to an enquiry today, I thought it would be useful to post the folllowing links from the Ministry of Justice, detailing the nations with which Ontario and other Canadian provinces have reciprocal child support enforcement arrangements:AfricaAsiaCaribbeanEuropeSouth PacificUnited States of America- Garry J...
Rachel's Bits and Briefs
Posted on June 08, 2009Food Fight If you have been out and about in Toronto lately, you may have noticed the A La Cart vendors that have been popping up.If not, you?re in for a treat. The Toronto Sun reported on a decision last December by Toronto City Council to allow the Toronto Public Health pilot project ?A La Cart...
Increased Canadian Recognition for Law Degrees From India
Posted on June 08, 2009The Hindu News Update Service reports on new, relaxed accreditation standards that will ease the way for lawyers from India and other Asian countries to qualify to practice law in Canada:"The National Committee on Accreditation (NCA) has decided that three-year full-time law degrees from Common Law Countries including India, England and Australia should be treated equivalently regardless of their country of origin...
Great Headline of the Day
Posted on June 08, 2009Lawers' Cereal Litigation Suffers Crunching Blow from On Point News:Froot Loops, Berry Berry Kix and Fruity Cheerios have all recently been the targets of false advertising lawsuits filed by three lawyers. But a judge may have ended this outbreak of cereal litigation by throwing out a case involving Cap'n Crunch's Crunch Berries...
Lawyers Got Their Blue Jeans On
Posted on June 08, 2009It's not quite blue jeans on Bay Street, but at least one San Francisco firm has opted for comfort over style in its summer "dress code" for lawyers. In a breakthrough for legal couture, blue jeans will be de rigueur this summer at Latham & Watkins? San Francisco office...
Canada's Mayors Respond to "Buy American" Plan
Posted on June 07, 2009Canada's mayors have announced their own plan for retailiation against U.S. "buy-American" mandates. From CBC's Canadian mayors pass anti-'Buy American' resolution:In response to the 'Buy American' provisions of the U.S. stimulus package, Canada's mayors narrowly passed a resolution Saturday that could potentially block U...
Law Professor "Outed" as Anonymos Blogger
Posted on June 07, 2009A South Texas College of Law professor's identity has been "outed" by lawyer and National Review commentator, Ed Whelan, in apparent retaliation for a garden-variety, blogospheric row over Supreme Court nominee Sonia Sotomayor's views regarding judicial policy-making...
Taser Creep
Posted on June 05, 2009Orin Kerr at Volokh reports on a Niagara County Court ruling against a motion for suppression of DNA evidence forcibly obtained when police "tased" a suspect's to obtain his "compliance" with a warrant requiring that his DNA be collected for testing...
Neilson: Facebook Is Social Media Leader
Posted on June 05, 2009Lawyers looking for the optimal point of entry into Web 2.0, take note. Neilson reports Facebook still holds the web's social networking crown. But Twitter is growing quickly:According to Nielsen?s research, Facebook is still top dog when it comes to social networking, amassing approximately 13...
On Obama in Cairo
Posted on June 05, 2009My friend, Avrum Rosensweig has a wonderul blog, with a very thoughtful piece today on President Obama's speech in Cairo - Obama?s Cairo Speech: Half the Room is Standing:President Obama?s speech today was as powerful and groundbreaking as one could have expected...
"Friending" the Judge
Posted on June 01, 2009Another episode in our continuing series, Facebook meets the judicial system and goodness knows where that will lead....This time, a North Carolina judge has been reprimanded for "friending" husband's counsel in a pending family law case, and having the occasional chat about the proceeding on Facebook - while trial was in progress...
The Bush Clinton Toronto Debate
Posted on May 30, 2009We'll have our full report on this event shortly.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Clinton and Bush: The "Don't Ask, Don't Tell" Summit in Toronto
Posted on May 30, 2009Wise Law Blog's Garry J. Wise attended at the Bush - Clinton Summit at the Toronto Convention Centre on May 29, 2009. His report follows:It was an event where cordiality would certainly trump controversy. This, perhaps, was not surprising, given the conservative tone established by a banking executive's introduction of Bill Clinton...
Sotomayor - Running A "Hot Bench"
Posted on May 29, 2009On Justice Sotomayor's courtroom demeanour:?They call it a hot bench when a judge asks a lawyer a lot of questions ? well, she isn?t afraid of running a hot bench,? said H. Raymond Fasano, Republican immigration lawyer who has appeared before her 24 times, mostly in asylum cases, and is a fan...
But It's Not Google
Posted on May 29, 2009Microsoft intoduces Bing, its new search engine, and New York Times writer Miguel Helft observes:Meanwhile, some tech people were already noting that Bing is also an unfortunate acronym: ?But It?s Not Google.?- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www...
Clinton and Bush Toronto "Debate Today
Posted on May 29, 2009.. and Wise Law Blog will be there. Expect our full report on the event later tonight.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Great Headline of the Day
Posted on May 28, 2009Rahm "Hava Nagila" Emanuel Turns Springsteen Jewish.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Judging Sotomayor (in One Sentence or Less)
Posted on May 28, 2009Scholars, lawyers and even one of our favourite U.S. law bloggers weigh in on Justice Sotomayor's judicial record in a New Yok Times article today.See Sotomayor?s Appellate Opinions Are Unpredictable, Lawyers and Scholars Say.The article falls quite a bit short...
Esquire's Worst Lawyer Ads Ever
Posted on May 28, 2009Seeing is believing. More at Esquire's Five Lawyer Ads That Make Any Supreme Court Candidate Look Brilliant:- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
The Conservative Stacking of U.S. Federal Courts
Posted on May 27, 2009As the silly season commences with full-tilt conservative attacks upon President Obama's nomination of Sonia Sotomayor to the U.S. Supreme Court, an L.A. Times blog article addresses the cumulative impact of the Bush adminstration's eight years of federal judicial appointments:Legal scholars have observed that proponents of gay marriage have avoided taking the issue to federal court so far because of the dominance of conservative judges and justices on the federal bench after the eight-year tenure of President George W...
Back from Space
Posted on May 26, 2009His Hubble Space Telescope repairs now safely behind him, Space Shuttle astronaut Mike Massimino (a.k.a. Astro_Mike) has returned to our planet, and continues to playfully tweet on his experiences:Getting re-adjusted to gravity, let go of a small bag of groceries and must have expected it to float, luckily no damage...
N.Y.Times: Not Enough Lawyers...
Posted on May 26, 2009...to handle an expected General Motors bankruptcy:How many lawyers will end up working on G.M.'s expected bankruptcy case still is not clear, but in legal circles, the joke is that there may not be enough experienced bankruptcy lawyers available to handle the filing...
Blackberry Etiquette For Lawyers
Posted on May 26, 2009In her recent article, Blackberry Behaviour: Is it Ruining Your Reputation, Allison Sheilds of Legal Ease offers a list of eleven behavioural tips for Blackberry users everywhere:1. If you are attending an event, meal, meeting or presentation,turn off your electronic devices...
Sonia Sotomayer to be Obama Supreme Court Nominee
Posted on May 26, 2009According to CNN and New York Times, President Barack Obama will nominate 2nd Circuit Appellate Judge Sonia Sotomayer to the U.S. Supreme Court, at a 10:15 a.m. press conference today.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www...
On Universal Jurisdiction, Those Pesky Spanish Judges and Canada's War Crimes Legislation
Posted on May 24, 2009The Washington Post looks at Spain's National Court justices, who seek to hold the United States and other nations accountable for allegeds war crimes and crimes against humanity, wherever they have occured, based on the legal principle of universal jurisdiction:Judges at Spain's National Court, acting on complaints filed by human rights groups, are pursuing 16 international investigations into suspected cases of torture, genocide and crimes against humanity, according to prosecutors...
Springtime is for Neo-Con Revisionism
Posted on May 23, 2009We now bring you a Neo-Con Talking Points Moment.In today's edition (brace yourselves...) we shall learn:George Bush wasn't an evil-doer for that long... And now, President Obama's just like him (but so smooth in the delivery, you don't even notice it)...
Parental Authority in Quebec
Posted on May 23, 2009On April 6, 2009, the Quebec Court of Appeal issued an interesting decision about parental authority.In essence, the facts in this case were the following:The father has custody of his daughter, a 12 years old child. This child was represented by an attorney with respect to the court case pending between her parents...
Summary Judgment - The Speedier Solution in Ontario Wrongful Dismissal Claims
Posted on May 23, 2009Ontario wrongful dismissal cases can now be resolved by summary judgment under the Superior Court's simplified procedures, according to a 2008 Ontario Superior Court ruling in Adjemian v. Brook Crompton North America, which has now been affirmed by the province?s Court of Appeal...
U.S. Supreme Court will Review Black's Fraud Conviction
Posted on May 19, 2009CBC reports that "former media tycoon Conrad Black will have the chance to appeal his fraud conviction before the U.S. Supreme Court."View Original Article- Garry J. Wise, TorontoVisit our Toronto Law Firm website: www.wiselaw.netEMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOGBlogged with the Flock Browser
When a Garage Sale Bargain Goes Awry
Posted on May 16, 2009Legally speaking . . .In an unusual 2008 court decision, a judge denied the claim of a British Columbia woman to keep all that her late mother had bought for five dollars at a garage sale ? but he awarded her possession of part of the job lot, an extremely rare and valuable antique Swedish coin...
January 1, 2010: Ontario Small Claims Court Monetary Limit Rises to $25,000
Posted on May 16, 2009Transferring Actions from Ontario Superior Court to Ontario Small Claims CourtAs we noted in our earlier posts on this topic, on January 1, 2010 the monetary jurisdiction of Ontario's Small Claims Courts will rise from $10,000 to $25,000. Suppose you have an ongoing claim for $25,000 or less in Ontario Superior Court...
Brian Mulroney Cross-Examined
Posted on May 15, 2009Oliphant Commission lead counsel Richard Wolson conducted a tenacious, but polite cross-examination of former Prime Minister Brian Mulroney on Thursday.Mr. Wolson focused in his questioning on Mr. Mulroney's failure to fully disclose the nature and extent of his ongoing business dealings with Karlheinz Schreiber when Mr...
More on Parental Alienation
Posted on May 14, 2009Globe and Mail Justice Reporter, Kirk Makin, continues to follow the parental alienation controversy.Today he reports on an interview with Queen's University law professor Nicholas Bala, who has completed a study on the "syndrome:" An escalation in parental alienation allegations is draining valuable courtroom resources, a major study of 145 alienation cases between 1989-2008 concludes...
Update: Bill 133 Passes - Family Statute Law Amendment Act, 2009
Posted on May 14, 2009Bill 133, Ontario's Family Statute Law Amendment Act, 2009, was carried in its Third Reading on May 7, 2009, and will become law upon receiving Royal Assent.The Bill enacts significant amendments to Ontario's family law regime. Highlights include changes to:the manner in which spousal pension entitlements will be calculated and divided; specifically, the Bill requires pension plan administrators to provide calculations of the "imputed value of a pension entitlement for family law purposes", and allows for immediate payment of lump sums to non-member spouses from pension plans in satisfaction of their pension division claims;the calculation of pre-marital assets and liabilities under the Family Law Act;procedures for applying for domestic restraining orders;procedures for change of name applications for childrencustody applications by non-parents, who will now be required to file with the courts police record checks and reports by children's aid societies as to any involvement they have had with such custody applicants...
Lawyers Without Rights
Posted on May 14, 2009Times Online reports on a London exhibition commemorating the Jewish lawyers of Nazi Germany.Representatives of the Law Society and Bar Council also gathered for the event at Temple Church, where the exhibition "Lawyers Without Rights" will be on display until July 31...
Obama'a SCOTUS Shortlist
Posted on May 14, 2009According to Ben Fuller of the Associated Press, the President has narrowed his potential Supreme Court nominees to a shortlist of six:The six names confirmed as being under review by Obama include three judges, two members of his administration and one governor...
Rachel's Bits and Briefs
Posted on May 14, 2009Here are a few legal "shorts" to keep you busy over a (hopefully) warm long weekend:France Passes First Bill to Cut Internet Connection of Illegal Downloaders - Yaboo Canada News reported Tuesday that legislators in France have passed a bill to form what may be the first government agency to track and discipline online pirates...
Tweeting from Space
Posted on May 13, 2009Space shuttle astronaut Mike Massimino has become the first person ever to use Twitter from space.Call it a small step for one man, a giant tweet for mankind. Follow Astro_Mike on Twitter.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www...
Video: Mulroney Testifies
Posted on May 13, 2009Brian Mulroney's testimony began at the Oliphant Commission yesterday. Video, via CBC: Full video of Mr. Mulroney's testimony is available at CPAC.The Toronto Star has two wrap-ups of the former Prime Minister's evidence: Mulroney Takes Jabs at Harper and Vintage Brian Mulroney has Regrets- Garry J...
Quotable: On Torture, Waterboarding, and Dick Cheney
Posted on May 13, 2009Jesse (the Governing Body) Ventura, former Minnesota Governor, Navy Seal and professional wrestler: I would prosecute every person who was involved in that torture. I would prosecute the people that did it, I would prosecute the people that ordered it, because torture is against the law...
The Tissue-Box SCOTUS Test
Posted on May 13, 2009Eric Turkewitz, writer of the excellent New York Personal Injury Lawyer blog, discusses the qualities he'd like to see in Presisdent Obama's nominee for the U.S. Supreme Court seat vacated by Justice David Souter: I want to talk about tissues and the law...
NHL, Balsillie Litigate Phoenix Coyotes' Future
Posted on May 11, 2009Sports writer Howard Beger provides his take:The battle for control of the Phoenix Coyotes has simmered for the moment, but will pick up with a vengeance when the opposing sides re-convene in the United States Bankruptcy Court for the District of Arizona on May 19th...
Ontario Court Permits Twitter, Live-Blogging from O'Brien Hearing
Posted on May 05, 2009Via Michael Geist:The judge presiding over the criminal trial of Ottawa mayor Larry O'Brien has blocked the use of television cameras, but given the go-ahead for live blogging and the use of Twitter.Canadian Press has more:Judge Douglas Cunningham....
Ashcroft, Gonzales Disavaow the "Nixon Defence"
Posted on May 04, 2009From Think Progress: Gonzales And Ashcroft Disagree With Rice: Just Because A President Says It Does Not Make It Legal- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Jack F. Kemp, 1935 - 2009
Posted on May 03, 2009Jack Kemp, former Republican Vice-Presidential nomineee, U.S. Congressman and CFL and NFL quarterback has died at age 74. - Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
'Scapegoat' Charles Graner Plans Appeal, Centers on Torture Memos
Posted on May 03, 2009From the Washington Post: Now, the recent release of Justice Department memos authorizing the use of harsh interrogation techniques has given Graner and other soldiers new reason to argue that they were made scapegoats for policies approved at high levels...
Libel - In 140 Characters or Less
Posted on May 02, 2009The Financial Post looks at the first U.S. libel suit arising from a Tweet. The claim stems from allegedly defamatory comments made on Twitter by rocker Courtney Love:Can you really libel someone in 140 characters or less?The short answer, you could quickly tweet, is yes...
Press Scrutiny of Family Courts
Posted on May 02, 2009From an editorial in today's Globe and Mail: If Canadians could cram en masse into the bitter courtrooms where child-custody disputes play out, there might be fewer nasty divorces. Since they can't, they should be allowed to read about them, which is why an Ontario judge was right to reject a request from the provincial Office of the Children's Lawyer for a gag order on the lawyers and family members in a notorious case of "parental alienation syndrome...
Ignatieff Annointed
Posted on May 02, 2009Michael Ignatieff has offically taken the reins as leader of the Liberal Party of Canada.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Quotable - "Torture Isn't Conservative"
Posted on April 30, 2009Ken Adelman, former chair of the Reagan-era Arms Control and Disarmament Agency:"I'm having trouble figuring out why staunch conservatives aren't as outraged by the torture memos and practices as the American public. ... It's somewhat outrageous for real conservatives not to be outraged by all this...
Canadian Bar Association: Repatriate Khadr
Posted on April 30, 2009The Canadian Bar Association once again has called for the repatriation of Omar Khadr. An April 24, 2009 letter from C.B.A. Presient J. Guy Joubert to Canadian Prime Minister Stephen Harper and U.S. President Barack Obama references last week's Federal Court ruling in Omar Ahmed Khadr v...
Judge Bybee Defends His Torture Memo
Posted on April 29, 2009The New York Times reports that Judge Jay S. Bybee has issued a statement, defending his August 1, 2002 legal memorandum that purported to provide legal cover to the Bush administration for the use of specified torture techniques, including waterboarding: Judge Bybee...
'Orwell Would Laugh'
Posted on April 27, 2009The indispensible Cathie from Canada:...using a term "enhanced measures" instead of "torture" is like a drug addict calling heroin "my medication". George Orwell would laugh.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
British Press Floods Family Courts, Newly Opened to Media
Posted on April 27, 2009As noted last week, effective today, British media has new-found access to the nation's Family Courts, which had previously been closed to the press.Times Online obliges with a series of reports from various Family Courts throughout the U.K., including coverage from Central London, Cardiff, Manchester, Bath , and this report on a child welfare matter from Haringey Family Court:If judges and court staff were ready for what has been hailed as a revolution in the family courts, lawyers at Barnet?s Civil and Family Court Centre were slightly taken by surprise by the arrival of the media...
On Courts, Khadr and Canada's Conservatives
Posted on April 26, 2009CTV News reports today that Stephen Harper's Conservative government continues to hedge on whether it will abide by an April 23, 2009 Federal Court ruling, require it to formally request the repatriation of Omar Khadr, a Canadian citizen confined at Guantanamo Bay since 2002: Foreign Affairs Minister Lawrence Cannon said Sunday the federal government is still pondering whether to appeal a Federal Court order on the Omar Khadr case...
Government of Canada Introduces Federal Anti-Spam Bill
Posted on April 26, 2009CBC reports today on potent anti-spam legislation introduced Friday by Canada's Conservative government. In the article, Industry Minister Tony Clement commented on the proposed Electronic Commerce Protection Act: ... Clement said the new legislation would give the government more power to prosecute spammers, and help protect consumers and businesses...
Quotable
Posted on April 26, 2009Talk Left's Big Tent Democrat:Stuart Taylor, along with his Newsweek accomplice Evan Thomas, famously urged President Obama to do what Dick Cheney did on torture. What is it about these people? Are they so afraid that they insist on the United States following them into depravity and war crimes? Of course today they, like much of the Village, excuse a policy of war crimes - but when it came to private conduct of President Clinton, they wanted the President removed from office...
Divorce Lawyers Alarmed as Media Gains Access to U.K. Family Courts
Posted on April 24, 2009U.K Lawyers concerned that Open divorce courts will lead warring spouses to 'blackmail.'- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
"Plain English"
Posted on April 24, 2009From Andrew Sullivan:To put this in plain English: We had a president determined to torture a prisoner to get false evidence on which to justify a war.And apparently, additional photographs documenting U.S. abuse of detainees in Guantanamo and Iraq are about to be releaased by the U...
Video: Bybee Torture Memo - Words and Music
Posted on April 24, 2009No further comment necessary, I hope.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Ontario Drivers' Cell Phone Ban Passes Legislature, Law Takes Effect Fall, 2009
Posted on April 23, 2009The Countering Distracted Driving and Promoting Green Transportation Act, 2009, Ontario's new law banning use of cell phones while driving, was carried in its Third Reading by by our Provincial Legislature on Wednesday, April 22, 2009.The new law amends the Highway Traffic Act to provide:Hand-held devices prohibitedWireless communication devices78...
Lightening Up For A Moment...
Posted on April 23, 2009(h.t - Susan M)- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Obama Reversal: A.G.To Decide on Torture Prosecutions
Posted on April 22, 2009President Barack Obama "elaborated" Tuesday on his position regarding possible criminal investigations arising from recently-released Bush administration "torture memos:"OBAMA: The OLC memos that were released reflected in my view us losing our moral bearings...
Bill Clinton, George W. Bush to "Debate" in Toronto, May 29
Posted on April 22, 2009Think Progress:Former Presidents Bill Clinton and George W. Bush will meet for a debate late next month. The event will take place on Friday, May 29th at the Metro Toronto Convention Centre. ThinkProgress has been told the ?debate? will occur in the form of a moderated question-and-answer session, rather than a more lively exchange between the two Presidents...
Report: U.S. Torture Sought Proof of Iraq, Al Quaida Link
Posted on April 22, 2009Not surprisingly, as the facts emerge on the American deployment of "harsh interrogation methods," the Bush Administration's rationale for the use of such tactics appears increasingly thin. According to a McClatchy News article today, a primary objective of waterboarding and other violent methods of interrogation was the pursuit of evidence of an operational link between Saddam Hussein's deposed regime and the Al Quaida terrorist organization...
Senate Committee: Aggressive Interrogations Damaged America
Posted on April 22, 2009A Senate Armed Services Committee report, released yesterday, addresses America's abusive treatment of detainees and the resulting harm to American interests:The abuse of detainees in U.S. custody cannot simply be attributed to the actions of ?a few bad apples? acting on their own...
Update on Ontario Small Claims Court Changes
Posted on April 22, 2009Ontario's Small Claims Courts, which are the busiest civil courts in the Province, will be getting considerably busier on January 1, 2010.As we noted in our December 11, 2009 post, the arrival of the new year will bring an increase in the Court?s maximum monetary jurisdiction from $10,000 to $25,000 and a significant influx of new, larger cases is likely to follow...
183 Times
Posted on April 19, 2009Star-spangled torture in action - Khalid Sheikh Mohammed was waterboarded 183 times in March 2003 alone. Abu Zubaydah, by contrast, was waterboarded a mere 83 times in August 2002.President Obama has ruled out prosecution of the CIA agents who carried out these gruesome interrogations because they received explicit authority and assurance of legal cover by the U...
"Judging the Judges"
Posted on April 19, 2009In an editorial today, former Sun Media counsel Alan Shanoff looks at the Canadian Judicial Council, a body of senior Canadian judges designated by Part II of the federal Judges Act to investigate and rule upon complaints of misconduct against federally-appointed judges...
N.Y. Times: Investigate Torture Memo Lawyers
Posted on April 19, 2009From a Times editorial today, The Torturers ManifestoTheir language is the precise bureaucratese favored by dungeon masters throughout history. They detail how to fashion a collar for slamming a prisoner against a wall, exactly how many days he can be kept without sleep (11), and what, specifically, he should be told before being locked in a box with an insect ? all to stop just short of having a jury decide that these acts violate the laws against torture and abusive treatment of prisoners...
Presidential Justice: A Constitutional Question
Posted on April 19, 2009While I note President Obama's "decision" that CIA agents who participated in torture will not be prosecuted, I am left wondering.Where at law does the President derive this ultimate authority to determine on political grounds who will or will not be prosecuted in America for alleged criminal offences?Has there not been an ongoing investigation ongoing over suggestions of that very kind of political interference by the Bush White House in the Justice Department's 2006 firing of nine U...
Waking Up Canadian
Posted on April 18, 2009The Government of Canada went to YouTube last week to announce changes to Canada's citizenship laws:Under the new law citizenship is restored to:People who:became citizens when the first citizenship act took effect on January 1, 1947, including people born in Canada prior to 1947 and war brides...
George Bush on War Prisoners - A Stroll Down Memory Lane
Posted on April 18, 2009George Bush, Paul Wolfowitz and Donald Rumsfeld demand consequences for inhumane treatment of American POW's by the Iraqi Army in March, 2003:"If there is somebody captured," President George W. Bush told reporters on March 23, 2003, "I expect those people to be treated humanely...
Spanish Judge Overrides His A.G. - Will Pursue Torture Investigations
Posted on April 18, 2009From the Center for Constututional Rights:April 17, 2009, New York ?The Center for Constitutional Rights (CCR), which represents many of the men detained by the U.S. government at Guantánamo, praised Spanish judge Baltazar Garzon?s decision to pursue a criminal investigation into the actions of six Bush administration lawyers for providing legal cover for torture at the base...
Video: American Torture-Lovers Gather at Fox
Posted on April 18, 2009Torture - it works, by golly.Just ask the lovers of freedom at Fox News.Perhaps we shall rebrand them the Fox Friends of Torture:- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Don Henley Sues Congressman Over Unauthorized Song Use
Posted on April 18, 2009I guess it's never too early for lawsuits over the 2010 U.S. election cycle to begin.CNN reports that Eagles drummer and frontman Don Henley has filed a copyright infringement suit against Rebublican Congressman Charles DeVore, alleging unauthorized use of two Henley hit songs by DeVore in the congressman's campaign to unseat California Senator Barbara Boxer in 2010:The suit filed Friday in federal court in California claims Charles DeVore is using Henley's hit songs "The Boys of Summer" and "All She Wants to Do Is Dance" without authorization...
Sullivan on Torture Memos: Ticking Time Bomb Scenarios MIA
Posted on April 17, 2009Andrew Sullivan hitting the nail on the head on the newly-released torure memos:No: what is far more important and far graver is the decision after the 2004 re-election, after the original period of panic, to set up a torture program, replete with every professional and bureaucratic nicety...
Update on Alaina Templeton, Pet Pig With A Surname
Posted on April 16, 2009When we first wrote about poor Alaina Templeton in a November 2007 article, Pig-Sitter Faces Charges for Fattening the Hog, we left off with this cliffhanger:Misdemeanor charges against the sitter were indeed laid, and are pending.So, now it will be up to the Minnesota courts to decide...
More U.S. Torture Memos Released
Posted on April 16, 2009U.S. Torture Technique Number 9 - Insects Placed in a Confinement BoxFrom ACLU: The Bush Administration's Secret Legal MemosOn April 16, 2009, the Department of Justice released four secret memos used by the Bush administration to justify torture: A 18-page memo, dated August 1, 2002, from Jay Bybee, Assistant Attorney General, OLC, to John A...
Same Sex Marriage Momentum: Legislation in New York, Maine
Posted on April 15, 2009AmericaBlog's Joe Sudbury updates on legislative initiatives on gay marriage now pending in Maine and New York State:Okay, Vermont is done. Iowa is done. The New Hampshire House passed a marriage bill in March, but may get "tangled up" in the NH Senate...
"Bush Six" Likely to Face Torture Charges in Spain
Posted on April 15, 2009Lawyer and Harpers columnist Scott Horton provides an update:Spanish prosecutors have decided to press forward with a criminal investigation targeting former U.S. Attorney General Alberto Gonzales and five top associates over their role in the torture of five Spanish citizens held at Guantánamo, several reliable sources close to the investigation have told The Daily Beast...
Actuaries Oppose Bill 133
Posted on April 13, 2009I'm late in posting this, but in view of recent legislative progress of Bill 133, I wanted to share the following letter to Ontario Attorney General, Chris Bentley, from James Jeffery and Kelly McKeating, two London, Ontario actuaries who regularly provide pension valuations in Family Law proceedings...
The Ultimate Website List for Ontario Legal Assistants
Posted on April 10, 2009Ontario's legal assistants have the benefit today of a wealth of online information and resources that can make our lives (or at least our jobs) considerably easier.Here is my partial list of the key websites no litigation assistant in Ontario can afford to live without:ü Ontario Court Forms : http://www...
B.C. Court: Facebook Usage Logs Must Be Disclosed by Personal Injury Claimant
Posted on April 09, 2009A March 5, 2009 British Columbia decision has greatly expanded the scope and nature of Facebook usage information that Plaintiffs in personal injury claims may be required to disclose.In Bishop v. Minichiello, the B.C. Supreme Court has ordered production of computer logs from a Plaintiff's hard drive that will purportedly reveal details as to the wee hours Facebook habits of the injured Plaintiff...
Audio: Caller Confronts Limbaugh on Torture
Posted on April 08, 2009- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Video: Twitter Takedown
Posted on April 08, 2009- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Starbucks Sidewalk Cookie Flap
Posted on April 08, 2009Say it ain't so..."I'm getting my hot chocolate from now on at the Second Cup," said Katie with a smile.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Iowa Appeal Court Overturns State Same Sex Marriage Ban
Posted on April 03, 2009From Talk Left:The Iowa Supreme Court has ruled a ban on gay marriage is unconstitutional.The Iowa Supreme Court says the state's same-sex marriage ban violates the constitutional rights of gay and lesbian couples, making it the third state where gay marriage is legal...
Investigator's Affidavit Alleges Wider Madoff Web
Posted on April 01, 2009From an affidavit filed by securities investigator, Edward H. Seidle, in a Connecticut court proceeding that froze Madoff associates' accounts:"It is my opinion ... that [the funds and their principals] were all aware that Bernard L. Madoff was engaging in illegal conduct in connection with his purported money management operations and intentionally chose to participate and support Madoff's illegal conduct in order to reap enormous illicit financial benefits," he stated...
Scared Twittless?
Posted on April 01, 2009U.S. law librarians, that is...Robert Ambrogi explains:The folks at Law Librarian Blog wondered whether law librarians use Twitter. So they took a poll. The outcome: Most law librarians do not use Twitter for library-related purposes and have no plans to tweet anytime soon...
U.K. Survey on Lawyer Trustworthiness
Posted on April 01, 2009The news isn't all bad, but then again, it isn't so good, either:Lawyers can draw some comfort from a survey this week showing that they are not quite the figures of mistrust or contempt that mythology would suggest.The survey on trust in the professions found ? no surprise here ? that bankers are held in as low public esteem as estate agents and politicians, with journalists only marginally better regarded...
Prison Reform, North And South
Posted on March 28, 2009With parallel discussions on prison and sentencing reform now occurring in Canada and the U.S., a great divide is emerging between the directions of policy-makers here and those south of the border.As we've previously noted, the New York Times reported on March 24, 2009 that several states, including Colorado, Michigan, Kansas and New Jersey, are closing prisons or adopting sentencing alternatives to reduce pressure on over-stretched state budgets:Some states, like Colorado and Kansas, are closing prisons...
Google Street View Coming to Canada
Posted on March 27, 2009CBC reports that Google Street View is en route to Canada:Google will be driving around 11 Canadian cities across the country again "in coming weeks" to take images for the Canadian version of its Street View service, which it hopes to launch "very soon," the company announced earlier this week...
Parental Alienation Conference
Posted on March 27, 2009The National Post reports on a Toronto conference for lawyers, professionals and parents on parental alienation.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Toronto Parental Alienation Conference
Posted on March 27, 2009The National Post reports on a Toronto conference for lawyers, professionals and parents on parental alienation: Custody Judges Rule on Vengeance. Also see coverage from the Globe and Mail: Gender Bias Evident in Parental Alienation Cases.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www...
Warman and Fournier - Online Anonymity Threatened in Ontario
Posted on March 26, 2009A decision this week by Ontario Superior Court Judge Stanley Kershman has dramatically weakened the ability of Canadian writers and activists to maintain a cloak of online anonymity. In a March 25, 2009 ruling in Warman v. Fournier, the Court required the Defendant operators of a controversial right-wing website and forum known as freedominion...
Video: Florida Judge Jumps Over Bench, Tackles Defendant
Posted on March 26, 2009Law.com sets the stage:Florida Judge Ian Richards demonstrated he could wield more than a gavel when he took a flying leap over his bench to tackle a defendant bent on attacking a former girlfriend who was testifying against him in a domestic violence case...
Employment Insurance in Canada
Posted on March 25, 2009On March 13, 2009, we looked at Unemployment Insurance in America and noted obstacles built-in to the U.S. system that often limited the ability of unemployed workers to obtain benefits. Today, Doorey's Workplace Blog addresses systematic impediments to benefit entitlement in our own, Canadian employment insurance model:Statistics just released showed that applications for unemployment insurance increased by almost 23% this January compared to last year...
Drabinsky, Gottlieb Convicted
Posted on March 25, 2009CBC News reports:Garth Drabinsky and Myron Gottlieb have been found guilty on fraud and forgery charges, with an Ontario judge saying they "systemically manipulated the books" at their now-defunct theatrical production company Livent Inc.In one of Canada's most prominent fraud cases, Justice Mary Lou Benotto of Ontario Superior Court in Toronto ruled Wednesday that Drabinsky and Gottlieb were guilty of fraud and forgery in their running of Livent Inc...
Ontario Judges Balk at Bill 133 Investigation Duty
Posted on March 25, 2009The Globe and Mail reports that Ontario's family court judges are not happy with the new, investigative duties assigned to them by Ontario's proposed Bill 133 in child custody applications by non-parents: A confrontation is brewing between family court judges and the Ontario government over a scheme aimed at preventing a repeat of the shocking death of a Toronto child last year...
P.M. to Introduce Bill to End "Two for One" Prison-Time Credit
Posted on March 25, 2009CTV reports:CTV News has learned that the government plans to introduce legislation on Thursday to end the "two-for-one" credit for convicted felons for time spent in pre-trial custody.The credit aims to compensate for so-called "dead time" spent in overcrowded detention centres that do not have rehabilitation programs or many of the amenities of long-term prison housing...
Resignation Letter from An AIG Executive
Posted on March 25, 2009AIG executive Jake DeSantis' letter of resignation appears today as a New York Times op-ed.Excerpted below, it may cause you to rethink the bonus outrage - well, maybe a little:DEAR Mr. Liddy,It is with deep regret that I submit my notice of resignation from A...
Fired for "Friending" - Facebook Update
Posted on March 24, 2009A U.K. prison prison guard has been terminated for gross misconduct, after a disciplinary hearing determined that his Facebook "friend list" included some unsavoury types: A PRISON officer has been sacked after 13 criminals, including a murderer, were discovered among friends on his Facebook page...
Facebook, Disclosure, Leduc and Ontario Employment Law
Posted on March 23, 2009Management lawyer Michael Fitzgibbon picks up on our March 4 discussion of the Leduc case, in which an Ontario personal injury Plaintiff was essentially ordered to make full disclosure to the defence of the contents of his private, friends-only Facebook pages...
India's Caste System Challenged in Appeal Court Ruling
Posted on March 19, 2009For those of us who know very little about the state of social justice in India, this report from Telegraph UK will be most disconcerting:Mushtaq Ahmed Mir, an unemployed man from Kupwara, decided to sue the Kashmiri newspaper Tameel-i-Irshad after it published a false report claiming he was a defendant in a murder case...
Internet Blacklists in Australia
Posted on March 19, 2009The Sydney Morning Herald looks at web blacklists and threatened censorship by Australian cummunications regulators:The Australian communications regulator says it will fine people who hyperlink to sites on its blacklist, which has been further expanded to include several pages on the anonymous whistleblower site Wikileaks...
New B.C. Second-Hand Smoke Law Probits Smoking While Driving With Kids
Posted on March 19, 2009Following in Ontario's recent footsteps, effective April 7, 2009, British Columbia will impose a $109.00 fine on drvers who smoke in their vehicles with children present.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
The Great Toronto Street-Food Debate
Posted on March 19, 2009While much of Toronto's media celebrates the imminent arrival of Biryani, Pad Thai and Bulgogi carts on the City's street corners, The Globe's Margaret Wente isn't so pleased.Ms Wente takes on Toronto City Hall for politically-correct over-regulation of street food in Toronto:Once upon a time, I used to think that the job of city government was to fix the potholes, police the streets, clear the snow and pick up the garbage...
B.C. Court Decides Competing Survivor Pension Claims Between Widow, Ex-Spouse
Posted on March 19, 2009Stan Rule has another excellent post at Rule of Law today. He reports on MacMichael v. Strocel, a January 2009 ruling of the B.C. Supreme Court that decided between the competing entitlement claims of a widow and a deceased's former wife to payment of federal survivor benefits under the Public Service Superannuation Pension Plan...
Son Abducted to Brazil, U.S. Dad's Hague Convention Application Languishes
Posted on March 13, 2009MSNBC reports today on an American father's frustrating ordeal. David Goldman's now-deceased wife abducted their son, Sean, to Brazil in June 2004 on the pretext of a two-week vacation. Upon arriving in Rio de Janeiro, she told Mr. Goldman their marital relationship was over and unilaterally declared that she intended to maintain sole custody of their child...
On Unemployment Insurance in America
Posted on March 11, 2009Did you know that unemployment insurance premiums paid by individual employers in the U.S. are "based on the amount of the benefits their workers collect?" The net result?Washington Post writer Peter Whoriskey discusses a disturbing phenomenon: More than a quarter of people applying for such claims have their rights to the benefit challenged as employers increasingly act to block payouts to former workers...
Another Ontario Parental Alienation Case
Posted on March 10, 2009An 18 year old Mississauga man has asked an Ontario Court Judge in Brampton to allow him to intervene in a Children's Aid proceeding that has emerged in a decade-long custody battle between his battling, estranged parents. The youth seeks custody of his two younger siblings, aged 14 and 12, who now languish in foster care after refusing to participate in a court-ordered parental alienantion "deprogramming workshop...
NYT on John C. Yoo
Posted on March 10, 2009The New York Times considers the future of John C. Yoo, the controversial Bush administration lawyer whose "legal opinions" enabled the former president's radical torture policies: The notoriety that follows Mr. Yoo ? and to varying degrees half a dozen other Bush administration lawyers ? raises difficult questions: What is a government lawyer?s responsibility if legal advice he gives turns out to be, in the view of many authorities, grievously flawed? Can he be blamed for damaging, and arguably illegal, acts carried out with his imprimatur? Should he suffer any punishment??I think the legal profession in the United States has been seriously hurt by their conduct,? said Stephen Gillers, a professor of legal ethics at New York University...
B.C. Government Moves to Reduce Restaurant Trans Fats
Posted on March 10, 2009From CBC News:B.C. will become the first province in Canada to restrict trans fat in foods prepared and served at restaurants, Mary Polak, the minister of Healthy Living and Sport, announced Saturday.The province is hoping to squeeze out the majority of trans fat from restaurants, delis, bakeries, cafeterias, schools and health-care institutions by this fall...
WWE Wrestlers Lose Employee-Status Claims
Posted on March 10, 2009Law.com reports on the dismissal of a lawsuit by several well-known professional wrestlers against the WWE (World Wrestling Entertainment). The wrestlers had alleged that they were deprived of employee benefits by being improperly classified as independent contractors, as opposed to employees...
Professional Offices and Online Document Platforms
Posted on March 10, 2009While the technological winds continue to guide us in the direction of online data creation and storage platforms, two articles today illustrate why we must remain extremely wary about their current utility for professional offices. WebProNews reports on a security breach at Google Docs that allowed unauthorized access to users' documents stored online:On Friday Google contacted some Google Docs users to alert them of a privacy issue...
The Example of Canadian Health Care
Posted on March 10, 2009Wiith health care reform a key priority of the Obama administration, Canada's universal health care system has its admirers south of the border. Writer Tom Leavitt, for example, takes a look at a paperless Canadian medical office, and likes what he sees...
Globe and Mail: Professionalism and Legal Ethics
Posted on February 25, 2009Kirk Makin canvasses the future of legal ethics in Ontario in a thoughtful article in today's Globe:The first task for proponents of the professionalism movement has been defining what they mean. By consensus, it appears to boil down to civility; mentoring; continuing education; maintaining client confidentiality; avoidance of conflicts; and maintaining independence...
Law and Technology
Posted on February 19, 2009From the wonderful Courtoons:- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Psychologist: Don't Marry A Lawyer
Posted on February 17, 2009Via Robert Ambrogi at Legal Blog Watch, a Columbus, Ohio psychologist apparently doesn't see much of Cupid at the counsel table - or the dinner table:Marry a Lawyer? Are You Crazy?Valentine's Day has come and gone, but the question psychologist Fiona Travis raises is a perpetual one: Would someone have to be crazy to marry a lawyer? "It's not that lawyers lack relationship-building skills," she writes in a post at the blog Lawyer Avenue...
Getting the City to Pay for Pothole Damage To Your Vehicle...
Posted on February 17, 2009Our old friend Pseudo tackles Toronto's pressing pothole problems today. See his article, How To Get Compensated If Your Car Is Damaged By A Pothole in Toronto- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Ontario Smoking Law Encounters "Glitch"
Posted on February 17, 2009Via the Toronto Star, a 20 year-old Port Hope man has been nabbed under Ontario's new smoking laws. His offence? Smoking in his vehicle in the presence of a 15 year-old smoker:A curious situation arose Saturday, when 20-year-old Port Hope resident Tory Ashton was given a $155 ticket for smoking in his vehicle with a person under the age of 16 present...
Supreme Court of Canada Hearings: Now Online in a Web-Browser Near You
Posted on February 09, 2009Via Slaw, videocasts of Supreme Court of Canada hearings will be available online, effective today. From the Court's Policy for Access to Supreme Court of Canada Records: In addition to the records already listed in this policy, members of the public shall have remote access to those court records, or portions thereof, listed in this subsection:* the electronic version of any factum on an appeal filed on or after February 9, 2009, subject to the following conditions...
Video: "Don't Divorce Us"
Posted on February 09, 2009Via Andrew Sullivan, couples and families urge the California Supreme Court to preserve same-sex marriage in the Golden State:"Fidelity": Don't Divorce... from Courage Campaign on Vimeo.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www...
More on Dr. Richard Warshak and "Deprogramming" Parental Alienation
Posted on February 08, 2009Family Workshop, Dr. Richard Warshak's counter-parental alientation programme, was at the centre of last month's controversial Ontario Superior Court decision on parental alienation in A.G.L. v. K.B.D. (our previous reports are here and here).The Dallas-based clinical psychologist, continues to attract the attention of Ontario's media and courts...
Judicial Watch: They're Back...
Posted on February 08, 2009Remember Larry Klayman and Judical Watch, back in those heady days when the only thing that mattered was Monica? Allow me to refresh your memory, via SlateIt's Larry Klayman, the Clinton-hating, polymorphously litigious chairman and founder of Judicial Watch...
Osgoode Labour & Employment Law Society Blog
Posted on February 08, 2009A quick note to point our readers to an excellent new employment law blog from Osoode Hall Law School students. The Osgoode Labour & Employment Law Society Blog is now featuring a recap of 2008's ground-shifting law decisons by the Supreme Court of Canada...
New Jersey Court Permits Divorce of Same Sex Couple, Married in Canada
Posted on February 08, 2009Canadian Press reports, via CTV, on a a New Jersey Superior Court's groundbreaking decison Friday, permitting the divorce of a lesbian couple that had been married in Victoria, B.C.: TRENTON, N.J. -- Gay marriages performed elsewhere are recognized in New Jersey for the purpose of divorce, said a ruling Friday by a judge presiding over a case in which a lesbian couple married in Canada are seeking to split...
Ontario's Ban on Smoking While Driving With Children
Posted on February 04, 2009Our friends at Overlawyered are not amused:Ontario bans smoking in cars with children presentBecause the government, unlike your parents, has your best interests at heart.Meanwhile, Ontario's proposed ban on use of hand-held cell-phone while driving has passed second reading, but remains in Committee...
"Scooped"
Posted on February 04, 2009The blawger definition of a news scoop:I got to my RSS feeds before you did...:)- Garry J. Wise, Cancun Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
"Deprogramming" the Children of Parental Alienation
Posted on February 04, 2009Following up on the Ontario Superior Court's recent decision on parental alienation in A.G.L. v. K.B.D. (our report from last week is here), the Globe and Mail takes a critical eye to American counselling centres that purport to provide treatment to the "children of alientation...
Study Released: 2008 Litigation Trends in Canada
Posted on February 04, 2009Canadian law firm Faskin Martineau has released the results of its 2008 Litigation Trends in Canada Study.According to news release by the firm:Canada is more litigious than most believe, according to a study commissioned by leading Canadian law firm Fasken Martineau...
New York Estate Court Recognizes Canadian Same Sex Marriage
Posted on February 04, 2009In a decision released yesterday, a second court in New York State has recognized the validity of a Canadian same-sex marriage.Law.com reports:Recognizing the validity of a same-sex marriage between New Yorkers contracted in Canada, a Manhattan surrogate has ruled that a man is entitled to inherit the entire estate of his deceased male partner...
LL.B. or J.D. ? Which is better?
Posted on January 27, 2009Following the emerging trend of Canadian law schools making a switch from the LL.B. to J.D. degree designations the York University?s Senate has approved a change in Osgoode Hall Law School?s law degree designation from Bachelor of Laws (LLB) to Juris Doctor (JD)...
Antiques and the Courts? Use of Extraordinary Remedies
Posted on January 27, 2009Legally speaking . . .A frustrating aspect of the law is its occasional unfairness to those who lead their lives honestly. Consumers and business owners often lament that the unscrupulous, often with deep pockets, somehow figure out how to avoid paying the piper, despite laudable efforts of our legislators, courts and judges...
Law Blog Award Notes
Posted on January 24, 2009In yet another "top legal blog" listing, Avvo Blog is now posting Alexa's traffic rankings for the top 300 law blogs. Among Canada's offerings, our own Wise Law Blog comes in at a not-too-shabby #104. Our friends at Law is Cool are impressive at #82, all as of today's rankingsAnd on a related topic (from the better late than never department), the selections for the 2008 CLawBie Awards are up, and we are glad to see the notable quality of the blogs that have been highlighted, many of which are featured daily at our sister site, Wise Law Reader...
On Paternity, Polygamy, Palimony and Parental Alienation in Canada
Posted on January 24, 2009Canada's press has been having a field day with four sensational cases that have been winding their way through the nation's courts.Dealing with fundamental questions at the very root of our values around marriage, children and family, these cases have captured the public's collective imagination - and ire -for very good reason...
Video: President Obama's Inaugural Address
Posted on January 21, 2009- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Video: January 20, 2009 - Inauguration Day
Posted on January 21, 2009- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Inauguration Day - The Obama Era Begins
Posted on January 20, 2009- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Are You With Us, Or With the Torturers?
Posted on January 19, 2009Glenn Greenwald presents another compelling argument today at Salon that the 1988 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment legally obligates the Obama administration to prosecute Bush administration officials who authorized or participated in the use of torture: Article 21...
The Girl Who Silenced the World at the United Nations
Posted on January 09, 2009This one comes via our own Rachel Spence:- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
2009
Posted on January 05, 2009Now that we're back after a bit of a blog break, it'll probably take a a few days to ramp up to our usual posting pace. I'll begin this year's offerings simply, then, with a happy new year to all. I've got quite a few topics saved up for attention in the days and weeks ahead, so stay tuned...
Season's Greetings from Wise Law
Posted on December 25, 2008With the festive season upon us, we'd like to wish all our readers, clients, friends and colleagues the happiest of holidays. Merry Christmas, Happy Hannukah and Season's Greetings to everyone from all of us at Wise Law Office.(Special thanks to our own Justine Hamilton for creating the artwork above...
Season's Greetings from Wise Law Blog
Posted on December 25, 2008With the festive season upon us, we'd like to wish all our readers, clients, friends and colleagues the happiest of holidays. Merry Christmas, Happy Hannukah and Season's Greetings to everyone from all of us at Wise Law Office.(Special thanks to our own Justine Hamilton for creating the artwork above...
The 2008 Canadian Law Blog Awards
Posted on December 23, 2008The Canadian Law Blog AwardsSteve Matthews, the mastermind behind the Canadian Law Blog Awards, has asked members of our nation's 'blawger' community to help him by proposing our nominees for this year's ClawBie Awards, presented to Canada's top law bloggers...
Constructive Dismissal: Employers Beware
Posted on December 22, 2008p/pdiv align="left"/divpspan class="Apple-style-span" style="font-family: arial;"span class="Apple-style-span" style="font-size: medium;"It is often said that people are assets and human capital drives the organization. But unfortunately the same assets and capital are the first to bear the brunt as part of cost-cutting exercises by businesses...
About That Shoe-Throwing Incident in Baghdad...
Posted on December 15, 2008Here's the video.Luckily for the President, the 'assailant's' aim ranks as Cheney-esque... - Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Video: Glenn Greenwald on 'Tragic Legacy' of Bush
Posted on December 14, 2008Constitutional lawyer and leading progressive blogger, Glenn Greenwald, visited Bill Moyers this week, and discussed 9-11, unitary executive theories, and the constitutional excesses of the Bush Administration.Mr. Greenwald asserts that failing prosecution of high-ranking Bush government officials who broke the law by engaging in warrantless wiretapping, torture and suspension of habeas corpus rights, America will essentially have adopted a two-tiered justice system that subjects ordinary Americans to the harshest form of "three strikes" criminal sanctions but wholly exempts the ruling elite from any criminal accountability at all...
Britain's Shariah Courts
Posted on December 12, 2008Divorce, Sharia Style, a British TV documentary, looks at Britain's Sharia councils and asks "whether religious laws should be recognized by the secular British legal system:"(h/t: Tarek Fatah)- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www...
Ontario Small Claims Court Limit to be Upped to $25,000 in 2010
Posted on December 11, 2008Significant changes were announced today by Ontario Attorney General Chris Bentley that may revolutionize the way civil claims are handled in Ontario's court system.The amendments, to come into effect in January 2010, will provide that:The monetary jurisdiction of Ontario's Small Claims Courts will increase to $25,000...
About Neil Young
Posted on December 06, 2008Neil Young, the ageless Canadian rocker who made two sold-out appearances at Toronto's Air Canada Centre this week, isn't well-known for factoring in his audience's preferences when choosing his set-lists.This year's edition of Mr. Young, however, sent no-one home unhappy...
Maddow On Prorogue-Gate
Posted on December 05, 2008MSNBC's Rachel Maddow chimes in on Stephen Harper's efforts to "banish the enemy:"- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Coali-cious Canada...
Posted on December 02, 2008What's going on in Ottawa? At a joint press conference yesterday, Canada's opposition leaders lay out the rationale behind their declaration that they will defeat the minority government of Stephen Harper at the earliest opportunity, and seek thereafter to form a coalition government:h/t - Jeff Jedras)- Garry J...
MySpace Ruling: Intentional Violation of a Website's Terms of Service is a Federal Crime
Posted on November 26, 2008One of the many perversities to arise from today's misdemeanour conviction of Lori Drew in the so-called "My Space Suicide Trial" is summed up by Orin Kerr at Volokh:The government's theory in the Lori Drew case is that it is a federal crime to intentionally violate the Terms of Service on a website, and that it becomes a more serious crime ? a felony rather than a misdemeanor ? if the Terms of Service are violated to further a criminal or tortious act...
Intestacy and the Marketing of Wills
Posted on November 26, 2008Carole Elefant's article at Law.com, Lack of Lawyer Marketing Blamed for High Levels of Intestacy considers an interesting theory:It's not often that you hear that lawyers market too little. But that's apparently the premise of this recent abstract entitled "Marketing Wills" that appears in the Elder Law Journal...
Bill 133: Ontario's Family Statute Law Amendment Act
Posted on November 26, 2008Sweeping change will come to Ontario family law as a result of Attorney General Chris Bentley's introduction of Bill 133 yesterday in the provincial legislature.The legislation includes major change to the calculation and distribution of employment pension plan entitlements between separating spouses...
We've Been Nominated
Posted on November 23, 2008I'm very grateful to see Wise Law Blog has been nominated for a Canadian Blog Award in the Best Professional/Career Blog category.Voting continues until November 29. Check out all the nominees, and cast your ballot here. - Garry J. Wise, Toronto Visit our Toronto Law Firm website: www...
Launching Wise Law Reader
Posted on November 22, 2008Funny how technology always seems to get the better of me.It wasn't that long ago that I marvelled at the time-saving my RSS Reader brought to my professional life. Once I started using RSS, I suddenly was able as never before- and in virtually no time - to track news and legal developements in real time, as published in dozens of varied, online locations...
Impeach Barack Obama???
Posted on November 18, 2008A new wave of Facebook groups has suddenly sprung upon us, apparently aiming to save democracy from .... elections? Here are but a few of these choice Facebook selections:Impeach Obama Impeach Barack Hussein Obama Impeach Obama - Save American Democracy One Billion People To Impeach Obama As one must have a Facebook account to view these groups, allow me to save you the trouble...
Obama: "I Intend To Close Guantanamo"
Posted on November 17, 2008Barack Obama tells 60 Minutes he intends to close Guantanamo, end U.S. torture, and immediately begin the process of drawing down troops in Iraq:- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Video: President-Elect Obama's First Weekly YouTube Address
Posted on November 15, 2008- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
The Bush Blanket Pardon Solution
Posted on November 14, 2008In a post last weekend, I expressed concern about the exercise of the outgoing President's pardon-granting authority as a sheild against subsequent investigations into torture, among other offenses, under the Bush regime:I anticipate much in the way of attempted pre-emptive defense by the outgoing President's soon-to-be-unleashed pardon machine...
Hillary Talk Heats Up
Posted on November 14, 2008On Wednesday, we alluded to rumours of the possible appointment of Hillary Clinton as U.S. Secretary of State.By today, this talk is actually starting to sound a lot more serious.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw...
Remembrance Day, 2008: Queen & Bay, Toronto
Posted on November 12, 2008- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Hillary Clinton as Obama's Secretary Of State?
Posted on November 12, 2008It's a distinct rumour, according to this Bloomberg story. Meanwhile, Washington Post columnist Richard Cohen says Al Gore - and only Al Gore - should get the call. More rumours (and a fancy flow chart) here.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www...
Bits and Briefs
Posted on November 11, 2008Now that election fever is behind us, here's another instalment of Bits and Briefs to catch us up on some interesting current developments that we haven't yet addressed:On November 10, the Ontario Court of Appeal unanimously quashed a City of Oakville bylaw that attempted to reduce visual pollution by limiting billboard advertising...
On Closing Guantanamo
Posted on November 10, 2008Obama legal advisor Laurence Tribe, on the development of immediate plans to close Guantanamo and try its prisoners on American soil:"We can't put people in a dungeon forever without processing whether they deserve to be there."..."In reality and symbolically, the idea that we have people in legal black holes is an extremely serious black mark...
?If not for the Internet, Barack Obama would not be President"
Posted on November 09, 2008Some heady claims in this commentary from Huliq.com, Web 2.0 And The Internet Delivered The Vote For Obama: ?If not for the Internet, Barack Obama would not be President or even the democratic nominee,? claimed Arianna Huffington, of the liberal Huffington Post Web site...
Video: Canadian Progressive Bloggers On Obama
Posted on November 09, 2008Meet the Bloggers...At a November 2, 2008 gathering of Progressive Bloggers in Waterloo, Ontario, I spoke with three Canadian writers, Deb Prothero, Omar Ha-Redeye and Jennifer Smith, who shared their thoughts on Barack Obama, the U.S. election and the future of America...
California Courthouse Arrest: Man Allegedly Drove Stolen Vehicle to His Auto Theft Trial
Posted on November 08, 2008Dumb criminal alert here.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Mississipi Driver Throws Kids Off School Bus for "Saying Obama's Name"
Posted on November 08, 2008See this report from Pearl, Mississippi, via WAPT.com- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Law in the Trenches: Ontario?s Rule 76
Posted on November 07, 2008A 'Legally Speaking' update from Alvin Starkman M.A., LL.B.After writing about antiques and multi-million dollar claims in two of the three last installments of Legally Speaking, it?s time to return to the type of lawsuit which most likely applies to our readers? circumstances ? claims involving much more modest sums of money, and how we can proceed without breaking the bank on legal fees, and get them settled within our lifetime...
Landslide
Posted on November 07, 2008I think 2-1 in the electoral college counts as a landslide, don't you?You may toss laurels my way for predicting this for the past year including the end-of-race tightening of the polls that would mean nothing in the end.Welcome to the Obama era.Now we'll see how good a prez he is...
"Young, Handsome and Suntanned.?
Posted on November 07, 2008America may have taken a gigatic racial leap forward this week. The rest of the world, apparently, still has a way to go.By way of illustration, see this New York Times report on comments by Italian Prime Minister Silvio Berlusconi.Then there is Austrian television personality Klaus Emmerich, who has ignited a controversy of his own over "racist comments about Barack Obama, the US president-elect...
The Trudeau Era: The Next Generation Begins
Posted on November 07, 2008Justin Trudea was sworn in yesterday at Ottawa as the Liberal Party Member of Parliament for Montreal's Papineau riding.Mr. Trudeau, 37, is the eldest son of Canada's fifteenth Prime Minister, the late Pierre Elliot Trudeau.I am certain I am not alone in anticipation of a rapid political ascent for Mr...
On Greenwald and Kerr and the Chicanery of the Intellectual Right
Posted on November 06, 2008Glenn Greenwald has engaged in a timely, online dialogue with Professor Orin Kerr on the Bush administration's dismal human rights record - that is dismal, by U.S. standards, anyways. Professor Kerr is a contributor at leading conservative U.S. law blog, the Volokh Conspiracy...
The End of Same-Sex Marriage in California?
Posted on November 05, 2008Andrew Sullivan comments on the apparent success of California's Proposition 8. See: Stripped Of The Right To Marry.For more baclground, see our prior post, Inside Proposition 8 - California's Same-Sex Marriage Debate.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www...
William Ayers Responds
Posted on November 05, 2008William Ayers has emerged from a self-imposed cone of silence with this Washington Post interview:CHICAGO, Nov. 4 -- William Ayers, the former Weather Underground leader who became an issue in the 2008 campaign, said Tuesday that he is not close to Sen...
Pundits
Posted on November 05, 2008Ezra Klein recalls the golden age of the American "values voter:"Ackerman asks, "Remember in 2003 and 2004, when there was all this talk about how the Democrats were in danger of no longer being a national party?" I do remember that. I also remember how Democrats had to get religion if they ever wanted to be competitive again...
Video: Barack Obama - The Victory Address
Posted on November 05, 2008- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Barack Obama Wins the U.S. Presidency
Posted on November 04, 2008Barack Obama is the President-elect of the United States of America.At 11:00:01, MSNBC made the call.It is an historic, emotional, defining moment.America is experiencing a rite of passage.Savour it.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www...
Today in America
Posted on November 04, 2008The world is watching. - Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Springsteen: "I Want My America Back"
Posted on November 04, 2008More from Cleveland - Bruce Springsteen does "The Rising" for Obama.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Video: Springsteen 'Working on A Dream' in Cleveland for Obama
Posted on November 03, 2008- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Change With a Capital "O"
Posted on November 03, 2008Outside America, that is what the world wants....- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
McCain and Fey on SNL
Posted on November 02, 2008NBC.com has Saturday Night Live video of John McCain and Tina Fey (as Sarah Palin) online here:Truly funny.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Inside Proposition 8 - California's Same-Sex Marriage Debate
Posted on November 01, 2008Dubbed Proposition Hate by its progressive opponents, an initiative on Tuesday's California's ballot seeks to roll back a May, 2008 decision of the California Supreme Court overturning the State's ban on same-sex marriage.The ballot initiative calls for an amendment to the State Constitution to outlaw same-sex marriage and to provide that "only marriage between a man and a woman is valid or recognized in California...
Video: Obama Congratulates McCain on Cheney Endorsement - "He Earned it"
Posted on November 01, 2008(h/t - AMERICABlog)- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
The YouVote
Posted on November 01, 2008Digby reports that the much ballyhooed surge in youth voting, long-anticipated as providing a decisive advantage to Barack Obama in this week's Presidential election, has not yet materialized in early voting. - Garry J. Wise, Toronto Visit our Toronto Law Firm website: www...
"This is an Illusion"
Posted on November 01, 2008This TPM post on comments tonight by Senator John McCain's campaign manager, Rick Davis:From McCain campaign manager Rick Davis's campaign memo just out this evening, discussing why Obama's decision to run ads in Georgia, Arizona and North Dakota is a sign the McCain camp has him on the ropes ...
Palin As President?
Posted on October 28, 2008The website, that is. Have fun.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Ontario Bill Proposes Drivers' Cell-Phone Ban
Posted on October 28, 2008City News provides the details on legislation introduced today:What would not be allowed while driving, unless the vehicle is pulled off the roadway or lawfully parkedHand-held wireless communications devices such as cell phones, smartphones and-held electronic entertainment devices such as iPods, or other portable MP3 players, or portable games Texting and emailing Viewing display screens on devices not required for driving such as a laptop or DVD playerWhat would be allowed while drivingHands-free wireless communications devices with an earpiece or Bluetooth device 911 calls Pressing the button of a hand-held device to activate hands-free mode for incoming or outbound calls GPS units mounted on dashboards Collision avoidance systemsUse by emergency services personnel such as police, fire and ambulance Logistical transportation tracking devices used for commercial vehiclesUnder the proposed legislation, drivers who break the new rules could face fines of up to $500...
Video: Closing Argument - Obama's Unity Message
Posted on October 27, 2008- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Are Canada's Child Support Guidelines Unfair to "Second" Families?
Posted on October 27, 2008A raging debate has been brewing among our readers at Wise Law Blog.Should Canada's Child Support Guidelines consider the expenses of raising children of subsequent relationships in determining child support obligations for first families?See the comments at our post, Supreme Court of Canada to Child Support Payors: Income Increases Must be Disclosed...
MSNBC: "ATF says it disrupted skinhead plot in Tenn., Ark. to assassinate Obama"
Posted on October 27, 2008Only minimal details are available on this shocking headline from MSNBC. Plans to secure firearms were apparently involved. It is not clear that any actual steps were taken in furtherance of a "plot" that was in planning stages. Criminal charges are apparently pending...
Mr. Justice Charles Dubin, 87
Posted on October 27, 2008CTV News reports the passing today of Charles Dubin, former Chief Justice of Ontario:Dubin was well-known in the legal world for his keen intellect and a no-nonsense manner.However, he was perhaps best known to the public for a high profile commission he headed in 1989...
The Unravelling U.S. Economy - A Case Study
Posted on October 27, 2008Pilgrim's Pride, America's largest poultry producer, is in financial trouble.Why?It carries a large debt, due to its $1.3 billion acquisition of a competitor in 2007. Prices have increased for commodities like corn and oil.Credit availability is tight...
More on Ontario's Pending Driver's Cell Phone Ban
Posted on October 27, 2008The available information is still pretty thin on the Ontario legislation that may be introduced this week, but the Globe and Mail does offers these tidbits:The Ontario government may table a bill to ban drivers from using electronic devices as early as Tuesday, a move that would see the province follow Quebec, Nova Scotia and Newfoundland, which have all banned drivers from chatting and texting on handheld devices while on the road...
ACLU's Hundred Day Plan: Stop U.S. Torture, Abuse
Posted on October 26, 2008From the ACLU's Actions for Restoring America, here is Day 1:DAY ONE: STOP TORTURE, CLOSE GUANTANAMO, END EXTRAORDINARY RENDITIONSThe next president will have a historic opportunity -- on day one -- to take very important steps to restore the rule of law in the interrogation and detention of detainees held at Guantanamo Bay, Iraq, Afghanistan, and in secret prisons around the globe...
Anchorage Newspaper Endorses Obama Candidacy
Posted on October 26, 2008AP has the update on the endorsement of Anchorage, Alaska's largest newspaper, the Anchorage Daily News:"Gov. Palin's nomination clearly alters the landscape for Alaskans as we survey this race for the presidency ? but it does not overwhelm all other judgment...
October Surprise - The Sarah Palin Halloween Mask
Posted on October 26, 2008For anyone hoping to scare the 'puck' out of some peewee hockey players this Halloween, Amazon.com may have just the thing you're looking for...How about the Deluxe Sarah Palin Halloween Mask? It's a steal at $25.98.Yes, it's true. The world's most polarizing "hockey mom" is indeed making a big splash in the novelties market...
Video: "A Dr. Seuss-Style Cautionary Tale"
Posted on October 25, 2008The Vet Who Did Not Vet:(h/t: AMERICABlog)- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Obama, Japan
Posted on October 25, 2008Welcome to Obama, Japan- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Palin v. McCain: "She is a Diva..." "Every Man for Himself..."
Posted on October 25, 2008According to various reports, a fierce battle between the camps of the two Republican nominees is very publicly rising to the surface: Kevin Drum: LET THE DEFENESTRATIONS BEGIN....Politico reports on what's going on behind the scenes in Republican circles:With despair rising even among many of John McCain?s own advisers, influential Republicans inside and outside his campaign are engaged in an intense round of blame-casting and rear-covering ? much of it virtually conceding that an Election Day rout is likely...
Joe the...
Posted on October 25, 2008Congressman...?- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Missouri 6th Graders Disciplined for "Hit A Jew Day"
Posted on October 24, 2008This story from USA Today simply defies all rational commentary:Several sixth-graders from suburban St. Louis are being disciplined for creating "Hit a Jew Day" and then hitting Jewish classmates.Four or five students at Parkway West Middle School in Chesterfield could be suspended and undergo counseling for last week's incident, school officials told the Associated Press...
Ontario Cell Phone Driving Ban Ahead?
Posted on October 24, 2008City News reports that legislation will be introduced in Ontario's Provincial Legislature next week to ban cell phone use while driving in Ontario: It's not clear yet what will be in the legislation, expected to be brought out for first reading by Transport Minister Jim Bradley, but there are reports it will prohibit all use of phones by drivers in this province, with the possible excepttion of hand's-free devices...
NY Times Endorses Obama for President
Posted on October 23, 2008The New York Times endorsement of Barack Obama is no surprise, but as far as such editorial endorsements go, it is particularly well-argued and comprehensive. See: Barack Obama for President- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www...
Ex-Bushers Lining Up To Vote for for Obama
Posted on October 23, 2008Last weekend, it was General Colin Powell. Today, Scott McLellan, former White House Press Secretary, announced he will be voting for Senator Barack Obama in the November 4 U.S. election.McLellan told CNN:"...I will be voting for Barack Obama and clapping...
Quote of the Day
Posted on October 21, 2008Boris Johnson, the new Conservative mayor of London:Democracy and capitalism are the two great pillars of the American idea.To have rocked one of those pillars may be regarded as a misfortune.To have damaged the reputation of both, at home and abroad, is a pretty stunning achievement for an American president...
Mark Steyn Rallies the GOP Troops
Posted on October 21, 2008Mark Steyn ralles MIA bloggers at The Corner:I feel a bit like Comical Ali going ahead with the morning press conference to announce categorically there are no Americans in Baghdad, unaware that everyone in the presidential palace scrammed to Tikrit an hour before dawn...
McCain Video: The Funniest Political Gaffe You Will Ever See
Posted on October 21, 2008I am still laughing....- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
1000 Humble Opinions...
Posted on October 21, 2008We've reached a milestone, of sorts.This, apparently, is our 1,000th post at Wise Law Blog.That's worth noting, I think. 'Nuff said. Now - back to work...- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
AP: Sarah Palin Charged Alaska for Kids' Expenses
Posted on October 21, 2008I'm not too sure what to make of this Associated Press story:ANCHORAGE, Alaska ? Gov. Sarah Palin charged the state for her children to travel with her, including to events where they were not invited, and later amended expense reports to specify that they were on official business...
Sarah Palin and Tina Fey on SNL
Posted on October 19, 2008Video is here.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Video: Colin Powell On His Endorsement of Obama
Posted on October 19, 2008AP has additional comments from General Powell:"It isn't easy for me to disappoint Sen. McCain in the way that I have this morning, and I regret that," Powell, interviewed on NBC's "Meet the Press," said of his longtime friend, the Arizona senator."But I firmly believe that at this point in America's history, we need a president that will not just continue, even with a new face and with the changes and with some maverick aspects, who will not just continue basically the policies that we have been following in recent years," Powell said...
Video: Anti Obama Racism Spills Over
Posted on October 17, 2008More of the ugly underbelly, in this video from a Sarah Palin rally in Johnstown, Pennsylvania:(h/t: TPM)- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Phrase of the Day: "Air Quotes"
Posted on October 16, 2008As in: McCain Mocks Women's "Health" in debate using "air quotes".Judy Muller at Huffington Post comments:When it comes to dismissive finger gestures, there is nothing quite like the two-handed "air quote." For pure sarcastic appeal, it beats the much more obvious middle finger every time...
Leave 'Joe the Plumber' Alone...
Posted on October 16, 2008I don't really care much about, or for, 'Joe the Plumber.' John McCain's repeated references to him in last night's debate were grating, to say the very least.Nonetheless, today's media assault on this individual's privacy is offensive and dangerous. We have learned that he is unlicensed as a plumber and has owed back taxes...
Facebook in the Workplace
Posted on October 16, 2008I haven't written about Facebook for a while, probably because the novelty largely wore off quite some time ago.Nonetheless, Facebook's place in the workplace remains a recurring theme in employment law circles.A comprehensive article from Australian lawyer Nick Abrahams considers the risks of permissive workplace social networking policies, but nonethless, argues against Facebook bans...
Pundits Weigh In On Obama's Third Presidential Debate Win
Posted on October 16, 2008A good collection of commentaries here. More here, including this gem from David Von Drehle of Time:"McCain Threw the Sink ? and Plumber ? But Obama Doesn't Falter" The problem for McCain is that no matter how hard or how crisply he punched, it could not last...
Will Stephane Dion Step Down as Liberal Leader?
Posted on October 16, 2008CBC says he may do it today: Dion planning to quit, report says - Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Video: "The Base"
Posted on October 16, 2008Leave it to Al Jazeera to profile the Republican base:As the US presidential campaign enters its final weeks, both the Republican and Democratic candidates are hitting the swing states. But misconceptions and rumours abound and many voters have their facts about the candidates all wrong...
Canada's Election - What Does it Mean?
Posted on October 15, 2008A few random thoughts on yesterday's Canadian election, which returned Stephen Harper's Conservatives to Ottawa with another minority government:Canada is by and large a centre-progressive country according to the popular vote. The nation's centre-left, however, now finds itself in the same electoral predicament that daunted the fractured right during the Chrétien era...
Vote Canada
Posted on October 14, 2008For information on where you will be able to vote, go to this Elections Canada voter information site and input your postal code.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
The Race Card in America
Posted on October 13, 2008See the evidence here. It is appalling.Beyond that, I have no interest in describing it.(Source: Seeing the Forest).......UPDATE: The offending graphic has been removed for "objectionable content" from its original post location, but has been reproduced and preserved here (at the same weblog) along with an "explanation" for its "removal...
"Break their Backs and Crush their Spirit"
Posted on October 13, 2008O.K., so maybe Markos does get a bit carried away with himself sometimes...I've been making the case the last couple of weeks that we can't just focus on winning in November, but that we have an imperative to take advantage of a historic opportunity to break the conservative movement's backs and crush their spirits...
Freedom of Speech in America
Posted on October 12, 2008... still alive and well:- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Weekend Acoustic Interlude
Posted on October 10, 2008And what a week it was....Wall Street had its worst tumble ever - barely a week after U.S. taxpayers poured a trillion dollars into propping it up. Stephen Harper's long-awaited dive in the polls materialized from thin air as Stephane Dion finally found his voice - and Canada began to listen...
Donna Brazile - Watch this Video
Posted on October 09, 2008From Jezebel.com.H/t Andrew Sullivan- Garry J. Wise, TorontoVisit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Too Strange
Posted on October 08, 2008"My fellow prisoners...?"- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Attorney General: Ontario to Enact Apology Act
Posted on October 07, 2008From CTV:TORONTO -- Legislation that would allow people to offer apologies without fear of having that used against them in court, making it easier to say sorry when a wrong has been committed, will be introduced in Ontario, the province said Tuesday...
"Pallin' Around" With Alaskan Successionists
Posted on October 07, 2008Following up on my earlier post today, Swift-Boat or be Swift-Boated, it looks like the McCain-Palin team is about to get the discussion it wanted: Update:... and this, too:Palin held fundraiser at home of troubled financial services execBut to be fair to Palin, her fundraiser host was only at the helm of a company that was fined $75 million by the SEC for questionable trading practices...
Hockey Anthem Finalists Online
Posted on October 07, 2008The submissions of CBC's five Hockey Anthem Challenge finalists are now online.Check them out. Numbers 1 and 4 get my nod.For those of us in Toronto Maple Leaf - land, the music had better be good, because what we're seeing on the ice probably won't be getting us on our feet very much...
Swift-Boat or Be Swift-Boated: U.S. Dems Fight Back
Posted on October 07, 2008The political nasty season has arrived in America.In a climate in which Barack Obama has been taunted as "pallin' around with terrorists" by the Republican Party's Vice-Presidential nominee, a well-organized Democratic counter-assault appears to be materializing...
Towed Car Ticketed by Traffic-Cam for Speeding
Posted on October 06, 2008Here's a gem from Overlawyered: The traffic camera automatically recorded the license plate of the vehicle going too fast, so the owner (in Plettenberg Bay, South Africa) was automatically mailed a ticket. The only problem: the vehicle was being towed by a tow truck at the time...
Conservative Deregulation and Listeria
Posted on October 06, 2008Sometimes, I wonder whether 'deregulation' is just a nicely-spun euphemism for negligence-in-waiting.I'm not just talking about Wall Street, here.A report today from CBC suggests that deregulation of Canada's food safety inspection procedures my have precluded early detection of the deadly listeria outbreak that has now taken the lives of at least 20 Canadians...
Gwen Ifill: Palin "Blew Me Off..."
Posted on October 05, 2008An annoyed Ifill tells Meet the Press: "The understanding was that we were going to have a debate..."(h/t: Think Progress)- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Canadian Election Race Tightening
Posted on October 05, 2008According to at least one new poll, Canada's October 14th federal election may well be turning into a horse race, after all.Scott Tribe points to a current CPAC-Nanos Daily Election Tracking poll with the numbers for the period ending October 4:Conservative Party: 34 %Liberal Party: 30 %NDP: 19 %Bloc Quebecois: 10 %Green Party: 7 %And, over at Macleans, even Andrew Coyne says The Tories are in Trouble...
John McCain Has Gotham City Worried
Posted on October 05, 2008The Republican nominee does his best Burgess Meredith imitation yet, as the Penguin goes to Washington... - Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Will O.J. Simpson's 'Past' Be A Factor in Judge's Sentencing?
Posted on October 05, 2008A fascinating discussion at Volokh: Could O.J.'s Sentence for Robbery Take Into Account His Killings? And given this finding about Simpson's past conduct and therefore his moral character, the judge would be legally allowed to impose a higher sentence than he would on a typical robber, burglar, or what have you...
Video: Bruce Springsteen - Rising For Obama at Philadelphia
Posted on October 05, 2008More photos and video here, here, and here.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Economist: A "Revaluation of the US"
Posted on September 23, 2008From today's Washington Post: The dollar took its steepest one-day drop in years as the financial crisis eroded the nation's basic measure of value, helping to drive U.S. stocks sharply lower and the dollar-based prices of oil and gold sharply higher ...
"Confessions of a Sub-Prime Mortgage Baron"
Posted on September 21, 2008From The Guardian's interview with Richard Bitner, "co-founder and president of Kellner Mortgage Investments, a firm which specialised in providing high-risk loans:"As a sub-prime mortgage lender, Richard Bitner has not done too badly. He lives in a huge mock Tudor house in a wooded suburb on the edge of Dallas, complete with miniature turrets, an oversize fireplace and wood-panelling...
Obama: Fire the Whole "Trickle Down" Lot
Posted on September 18, 2008Associated press reporter Terence Hunt brings us these fighting words (at long last) from Barack Obama:Obama also heaped criticism and sarcasm on Republican rival John McCain and mocked his promise to fire the head of the Securities and Exchange Commission if elected president...
The Political Ad: A Case Study (Video)
Posted on September 13, 2008A John McCain campaign ad, unwrapped, unplugged and debunked:- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
The Great Canadian Gas Price Mystery
Posted on September 12, 2008Are we missing something here?September 12, 2008 CNN: Oil drops below $100NEW YORK (CNNMoney.com) -- Oil prices zig-zagged Friday, briefly dipping below $100 a barrel for the first time in 5 months, as the the fury of a massive hurricane blowing toward refineries on the Texas coast countered ...
Turning on the President
Posted on September 12, 2008Chris Matthews, yet another former Iraq War cheerleader, turns on President George Bush:From C&L- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Sarah Palin on the Bush Doctrine - Video
Posted on September 12, 2008"May I have a hint, please, Charlie:"- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
PM Announces Supreme Court of Canada Nominee: N.S. Appeal Court Justice Thomas A. Cromwell
Posted on September 05, 2008Prime Minister Stephen Harper today announced his nomination of the Honourable Mr. Justice Thomas A. Cromwell of the Nova Scotia Court of Appeal to fill the existing judicial vacancy at the Supreme Court of Canada.More on the nomination from this Government of Canada press release: ?Thomas Cromwell?s candidacy was highly recommended by judges, lawyers and other Atlantic Canadians,? said Prime Minister Harper...
Introducing the Wise Law Office Quarterly Journal
Posted on September 05, 2008Today, we are very pleased to be launching the Wise Law Office Quarterly Journal, our firm and blog's long-planned newsletter.Q.J. will be published four times a year, and will feature a compilation of articles on each season's most significant and interesting legal developments, as published here at Wise Law Blog, at Bar-ex, and other locations online and elsewhere...
Ontario Court of Appeal Sets Aside $1.9 Million Award for "Client Poaching:" Restrictive Covenant Unenforceable
Posted on September 04, 2008In an important decision that reaffirms the limited enforceability of non-competition covenants in Canadian employment agreements, the Court of Appeal for Ontario has reversed a September, 2007 trial ruling of Mr. Justice G.E. Taylor of Ontario' Superior Court of Justice...
Canada's Spousal Support Advisory Guidelines: Final Version Online
Posted on September 04, 2008The final version of Canada's Spousal Support Advisory Guidelines has been published online at the federal Department of Justice website.For the sake of easy access, I am reproducing the Guidelines' table of contents, with links embedded, below:TABLE OF CONTENTSEXECUTIVE SUMMARYINTRODUCTION1 BACKGROUND ? THE CURRENT LAW OF SPOUSAL SUPPORT1...
Quotable: On Sarah Palin, Again
Posted on September 04, 2008What Canada's bloggers are saying about Vice Presidential candidate Sarah Palin's introductory performance yesterday at the Republican Party's national convention:Aiden Maconachy reviews the speech: The right wing claptrap she dished for the benefit of the Republican base is what America should be trying to deliver itself from, not embrace...
On Sarah Palin
Posted on August 30, 2008The irreplaceable Billmon, (now back at Kos after far too long an absence) weighs in on the Republican nomination of Alaska Governor Sarah Palin as John McCain's running mate:...McCain has picked a 44-year-old ex-mayor, with a grand total of two years of gubernatorial experience, in a state with a population of less than 700,000 (and a sane population that's quite a bit smaller than that) and wants the voters to put her the proverbial heartbeat away from the presidency...
Barack Obama's DNC Speech - Video
Posted on August 29, 2008For those who missed it, here is Barack Obama's acceptance speech last evening in Denver: - Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Quoteworthy
Posted on August 19, 2008Law Society of Upper Canada bencher Robert Aaron, on new U.S. border regulations that allow search and seizure of electronic devices that may contain solicitor-client privileged materials:A newly announced policy of the United States Department of Homeland Security presents a significant threat to the solicitor-client confidentiality to which Canadians are entitled...
The "Secret" is Out... Lawyers Use the Internet
Posted on August 13, 2008It's hardly breaking news, but as a top-line overview of the numerous web-based resources lawyers now employ in our daily routines, I think this article from the Vancouver Sun is timely.See: The Internet has become indispensible to the legal world. - Garry J...
Privacy Concern Over Police GPS Use
Posted on August 13, 2008A Washington Post article considers the privacy implications of increasing use of GPS technology by U.S. police in investigative pursuits:Across the country, police are using GPS devices to snare thieves, drug dealers, sexual predators and killers, often without a warrant or court order...
Explosions Rock Toronto: Fires Reported at Keele/Wilson
Posted on August 10, 2008Explosions loud enough to shake our residence kilometers away were heard in Toronto at 3:45 a.m. Sunday morning.Radio reports indicate that evacuations in the neighbourhood are ongoing, after a reported series of explosions at a propane depot that were "lighting up the sky like fireworks...
Anthrax Questions Unanswered
Posted on August 08, 2008Iowa's Republican Senator, Charles Grassley, poses some very penetrating questions in this letter to U.S. Attorney General Michael B. Mukasey and F.B.I. Director Robert S. Mueller regarding the FBI's investigations into the 2001 Anthrax letter attacks:Dear Attorney General Mukasey and Director Mueller:Thank you for ensuring that Congressional staff received an advanced briefing yesterday of the information released to the public in the Amerithrax investigation...
DNA 'Infallibility' Questioned
Posted on July 20, 2008A Los Angeles Times article suggests that the odds of unrelated persons sharing similar DNA profiles may be considerably higher than previously believed:State crime lab analyst Kathryn Troyer was running tests on Arizona's DNA database when she stumbled across two felons with remarkably similar genetic profiles...
Auction Rights and Obligations Clarified, Expanded
Posted on July 09, 2008How can a bison auction possibly be relevant to antique collectors?A 2007 Saskatchewan Court of Appeal decision broadened the liability of auction houses regarding their obligations to purchasers, and summarized the law concerning the three main legal relationships within the auction context...
Sex for 25 Gallons of Gas
Posted on July 08, 2008Believe it or not, it happened in Kentucky.As reported by National Post (quoting the Smoking Gun), a 34 year old woman is facing prostitution charges for allegedly trading sex for $100 gas card.Read the story here.- Shashi K. Raina, Toronto Visit our Toronto Law Firm website: www...
Truscott Compensation: $250,000 for Each Year in Jail $100,000 for Each Year on Parole
Posted on July 08, 2008Steven Truscott, who spent 10 years in jail after being wrongfully convicted of rape and murder of schoolmate Lynne Harper was awarded $6.5-million compensation from the Ontario government.After announcing the award yesterday, Ontario Attorney General Chris Bentley said "It is my hope that Mr...
Neocon Nostalgia
Posted on June 28, 2008Yearning for the 'good old days' at The Corner:Where?s Dad? Not the ?fathers? of these unfortunate pre-borns, but the fathers of these pregnant girls. Where, in other words, is the shotgun?Back in the day when birth control and abortion weren?t readily available to high-school kids, fathers were pretty good deterrents to pregnancy...
Montreal Gazette: SCC Bell Ruling a "Stinging Rebuke" to Quebec Court of Appeal
Posted on June 27, 2008From a June 26 Gazette op-ed:The rapidity with which the Supreme Court heard the Bell buyout case, and the unprecedented speed with which it overturned the Quebec Court of Appeal's ruling that would have derailed the deal, sends an unmistakeable message to the appeal bench to get its act together on commercial law...
US Supreme Court Strikes Down D.C. Gun Control Law
Posted on June 27, 2008WSJ Law Blog:In District of Columbia v. Heller, the hotly-anticipated case over the D.C. gun ban, a 5-4 majority affirmed the D.C. Circuit?s ruling that the District of Columbia?s ban on handguns violated the Second Amendment. The majority opinion was written by Justice Scalia...
'Free at Last:' Canadian Human Rights Commission Dismisses Complaints Against Mark Steyn, Macleans Magazine
Posted on June 27, 2008This Globe and Mail report will come as no surprise:The Canadian Human Rights Commission has dismissed a complaint against Maclean's magazine over a controversial article on the future of Islam, magazine officials said yesterday.Meanwhile, a decision from the B...
Honda and Keays: Supreme Court of Canada Rules for Honda, Punitive Damages Awards Set Aside
Posted on June 27, 2008The Supreme Court of Canada has today released its long-awaited decision in Honda and Keays. By a 7-2 majority, the court ruled in favour of the employer, Honda. The trial court's award of punitive damages against Honda in the sum of $500,000, subsequently reduced to $100,000...
He's Just a Politician, After All
Posted on June 26, 2008MSNBC Jonathan Alter, on Barack Obama's policy reversal and new-found support for the telecom immunity provisions of a FISA "compromise" bill that will shortly be debated in the US Senate:It was only a matter of time before the left was disappointed in Barack Obama, at least in a limited way...
SCC: Honda and Keays Update
Posted on June 26, 2008The Supreme Court of Canada will be handing down its ruling in Honda and Keays tomorrow, according to an online report.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Manitoba Life Support Litigant, Samuel Golubchuck Passes Away
Posted on June 25, 2008Samuel Golubchuck, the gravely ill Manitoba man whose family waged dramatic, ongoing, litigation against Winnipeg's Grace Hospital to require continuation of life support over the hospital's objection, has died. Mr. Golubchuck who was 84, had been on life support since last fall...
Google Search Stats, Community Standards and Obscenity
Posted on June 25, 2008ABA Journal Top Stories:A lawyer for a pornographic website operator plans to use statistics from Google to establish community standards in Florida. Lawyer Lawrence Walters plans to introduce evidence that Pensacola residents are more likely to search Google for terms like ?orgy? than for ?apple pie? or ?watermelon,? the New York Times reports...
Child Support Spies Down Under
Posted on June 25, 2008An interesting update from The Australian describes aggressive enforcement measures to be adopted in Australia to secure payment of child support arrears from defaulting payors:Private investigators will be used by the Child Support Agency (CSA) to spy on parents who are not meeting their child support payments...
Judge Recuses Himself from Obscenity Trail
Posted on June 24, 2008Alex Kozinski, Chief Judge of the Ninth Circuit Court of Appeals in Los Angeles, California, has recused himself from an obscenity trial after sexually explicit photographs on his own Web site became public.The judge was presiding over a federal case against Los Angeles film maker Ira Isaacs, who is accused of selling and distributing obscene films involving bestiality and defecation, when a newspaper published details of his Web site's content...
Workplace Thesaurus Update
Posted on June 23, 2008Apparently, it's not called "downsizing" any more.It's now known as resizing.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
More Carlin
Posted on June 23, 2008Modern Man:- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
George Carlin - Seven Words
Posted on June 23, 2008American comedian, George Carlin, has died of heart failure at age 71, according to the Associated Press.The AP's report chronicles Mr. Carlin's brushes with legal notoriety and his legendary comedy routine, Seven Words You Can Never Say on TV:Carlin's jokes constantly pushed accepted boundaries of comedy and language, particularly with his routine on the "Seven Words" ? all of which are more or taboo on broadcast TV and radio to this day...
The Great American Underpants Suit
Posted on June 22, 2008A Los Angeles traffic cop is suing Victoria's Secret for damages over eye injuries allegedly arising from defective underwear:(h/t - Pseudo)More from TSG:As she was attempting to put on a Victoria's Secret thong, a Los Angeles woman claims that a decorative metallic piece flew off the garment and struck her in the eye, causing injuries and a new product liability lawsuit against the underwear giant...
Quote of the Day: Greenwald on Obama, FISA
Posted on June 21, 2008Glen Greenwald of Salon, on Barack Obama's support of the Foreign Intelligence Surveillance Act (FISA) "compromise," passed yesterday by the U.S. House of Representatives:In the past 24 hours, specifically beginning with the moment Barack Obama announced that he now supports the Cheney/Rockefeller/Hoyer House bill, there have magically arisen -- in places where one would never have expected to find them -- all sorts of claims about why this FISA "compromise" isn't really so bad after all...
Top Ten Law Songs
Posted on June 20, 2008Check out this "official" ranking by US law blog, Above the Law, of its all-time top ten law songs:I Fought The Law - The Clash Lawyers, Guns, and Money - Warren Zevon 99 Problems - Jay-Z Folsom Prison Blues - Johnny Cash We're All Winners, as arranged by Nixon Peabody Law and Order theme song Hurricane - Bob Dylan Alice's Restaurant - Arlo Guthrie I Fought The Law - Bobby Fuller 4 The Road Goes on Forever - Robert Earl Keen What do you think?We've previously featured numbers 1 and 9...
Supreme Court of Canada Rules in Favour of Bell (BCE Inc)
Posted on June 20, 2008From Report on Business:OTTAWA ? BCE Inc.'s $35-billion sale to Ontario Teachers' Pension Plan can proceed after the Supreme Court of Canada threw out a lower court a decision that put the largest buyout in Canadian history in jeopardy. The decision was unanimous, and costs are awarded to BCE...
On Olbermann
Posted on June 18, 2008From a fascinating and insightful profile of MSNBC's Keith Olbermann by Peter J. Boyer in the New Yorker:The Olbermann-O?Reilly feud, which is wholly Olbermann?s creation, began with a wisecrack in 2003, the first year of ?Countdown.? It evolved after Olbermann instituted a farcical segment called ?The Worst Person in the World,? in which O?Reilly, depicted as a pompous buffoon, was regularly cited...
Conflict of Interest
Posted on June 13, 2008Truism of the day:Even supporters of the death penalty should agree that nobody should be sentenced to death by a judge who is sleeping with the prosecutor. More on this from the New York Times.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www...
US Supreme Court Restores Guantanamo Habeas Rights: "Stunning Blow" to Bush Administration
Posted on June 12, 2008In Boumediene v. Bush, a decision of the United States Supreme Court released today, the Court ruled in favour of Guantanamo detainees, finding they "have the constitutional privilege of habeas corpus. They are not barred from seeking the writ or invoking the Suspension Clause?s protections because they have been designated as enemy combatants or because of their presence at Guantanamo...
Land Transfer Tax ? First Time Home Buyer Rebate extends to Resale Homes
Posted on June 11, 2008On December 13, 2007 the Government of Ontario announced proposed amendments to the Land Transfer Tax Act to extend the Land Transfer Tax Refund Program for First-Time Homebuyers, thus far available only to purchasers of new homes, to purchasers of resale homes...
Leafs Welcome Ron Wilson as New Head Coach
Posted on June 10, 2008Video from today's press conference:- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Dylan on Obama
Posted on June 07, 2008Bob Dylan, commenting on Barack Obama, the presumptive Democratic Presidential Nominee, as reported by Associated Press:In an interview with the Times of London, the musician is quoted as saying that Obama has changed politics in the United States, though Dylan does not specifically endorse the presumptive Democratic presidential nominee "Well, you know right now America is in a state of upheaval...
Prime Minister Stephen Harper Goes to Ontario Superior Court
Posted on June 06, 2008A pretty good cross-examination of Conservative M.P., James Moore, by CBC's Don Newman.Mr. Moore comments on expert reports tabled at Ontario Superior Court by the Prime Minister, purportedly opining that the Cadscam tapes were "doctored:"Also see:Tories ask court to stop Liberals' use of Harper tape - CBC NewsTories using Cadman to distract from Bernier: Grits - CTV NewsAuthor categorically denies Harper tape doctored - CTV NewsTale of the Tape - Calgary Grit"Doctored": The New Conservative Buzz Word - Peterborough PoliticsSome questions for James Moore - Scott's Diatribe- Garry J...
KFC Canada to Improve Welfare for Chickens
Posted on June 06, 2008People for the Ethical Treatment of Animals (PETA) enlisted the help of Canadian and long time PETA member Pamela Anderson to generate attention to their ongoing, controversial ?Kentucky Fried Cruelty? campaign. The campaign focused primarily on the poor conditions in which chickens used by the restaurant were maintained and slaughtered...
Employer Tells Waitress who Shaved Hair for Charity: Wear Wig or Go Home
Posted on June 06, 2008After her father died of cancer, Stacey Fearnall, a waitress at Nathaniel?s restaurant in Owen Sound, Ontario, decided to shave her head as part of a ?Cops for Cancer? charity event. When she attended at work for her shift, her boss advised her to wear a wig or go home...
Hillary Clinton's Last Hurrah?
Posted on June 04, 2008Video of Hillary Clinton's 'victory' speech after last evening's South Dakota primary win:- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Barack Obama Makes History
Posted on June 04, 2008Tuesday night's victory speech from Barack Obama, newly crowned as the Democratic Party's presumptive 2008 U.S. Presidential nominee: - Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Will it Be All Over Tonight for Hillary Clinton?
Posted on June 03, 2008According to an AP report, Mrs. Clinton will concede tonight: WASHINGTON - Hillary Rodham Clinton will concede Tuesday night that Barack Obama has the delegates to secure the Democratic nomination, campaign officials said, effectively ending her bid to be the nation's first female president...
Democratic Rules Committee Decides Florida, Michigan
Posted on May 31, 2008It has been a long day of back-room deliberations at the DNC Rules and Bylaws Committee meeting at Washington. At stake - the votes of 368 delegates from Florida and Michigan. Just after 6:00 p.m., MSNBC News reported that a compromise may have been reached:Florida delegates will be seated a their convention, but their delegates' votes will only get one half value...
New Ontario Adoption Disclosure Law In Effect
Posted on May 30, 2008Reader Cathy Henderson was kind enough to provide an update on the status of Ontario's adoption disclosure amendments.She advises that Bill 12, the Access to Adoption Records Act has passed Third Reading and received assent on May 14, 2008.A news release at Canada News Wire provides more detail:A new Ontario law will soon give adult adoptees and birth parents access to information that is currently sealed in their adoption records...
Where Do the Children Play?
Posted on May 30, 2008Cat Stevens (Yusuf Islam) - now and then.... One of my favorite songs, ever.This first clip was apparently recorded in Mr. Islam's own living room in 2006. The second is from 1976's Earth Tour.His politics may be controversial in the eyes of some, but his music still rings as true today as it did way back when...
D.A.: "It's Our Job to Prosecute Criminals, Not Barbers"
Posted on May 28, 2008City News delivers a true gem with this report about a Houma, Louisiana barber charged with the heinous offense of... Brace yourselves....Being open for business on a Monday.May 19th may have been a holiday in Canada, but it wasn't in the U.S. and they don't have the same closing laws we do...
How Tough is John McCain?
Posted on May 28, 2008Biting satire, from The Onion: (h/t: Red Tory)b- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Law Student Humour
Posted on May 27, 2008Here's a fine bit of law student humour from Omar Ha-Redye of Law Is Cool:How to Get a Law JobDear ,Thank you for your letter of . After careful consideration I regret to inform you that I am unable to accept your refusal to offer me employment with your firm...
Tarek Fatah on The Agenda
Posted on May 27, 2008See Steve Paiken's interview with moderate Islamic author, Tarek Fatah, online here. Mr. Fatah discusses his new book, Chasing a Mirage: The Tragic Illusion of an Islamic State, on TVO's The Agenda. - Garry J. Wise, Toronto Visit our Toronto Law Firm website: www...
Supreme Court of Canada to Fast-Track Bell Appeal
Posted on May 27, 2008According to CBC, the Supreme Court of Canada has conditionally agreed to Bell Canada's request for an expedited appeal of last week's Quebec Court of Appeal ruling that scuppered the telecommunications giant's pending sale to the Ontario Teachers' Pension fund...
New Ontario Smoking Regulation Requires Retailers to Cover Up
Posted on May 27, 2008If you've noticed something strange going on at your local convenience store lately, there is a very good reason. Effective May 31, 2008, Ontario retailers will be required by the Smoke-Free Ontario Act to eliminate their "power walls," or visual displays of cigarettes that typically dominate the area behind convenience store counters...
Caucuses vs Primaries - By the Numbers
Posted on May 27, 2008Denver lawyer Jeralyn Merritt's summary at Talk Left of Peniel Cronin's compelling report, 2008 Presidential Preference Election, looks at "the math:"By the numbers, in 2008 primaries have averaged 400% greater voter turnout in eligible voters than caucuses...
A Tale of Three Judges: The Need for Family Law Reform in Ontario
Posted on May 27, 2008Has the time arrived for fundamental reform of Ontario's overall system for handling family law cases?As a quiet, but steady undercurrent of judicial discontent emerges in the Province's courts, it is becoming apparent the status quo is becoming increasingly unsatisfactory, if not wholly dysfunctional...
The 2008 You Tube Election Continues...
Posted on May 23, 2008Robert Greewald's "The Real McCain:"- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Quotable
Posted on May 23, 2008University of Wisconson law professor Ann Althouse responds to yet another Andrew Sullivan armchair diatribe. Wednesday, Mr. Sullivan contended that Hillary Clinton is a "sociopath... riddled with narcissism and pathology..." Professor Althouse: She's insane because she's fighting for the nomination using whatever arguments are available? If it's such a bad argument, it will lose and that will be the end of it...
Quebec Court of Appeal to Bell Canada: Not So Fast...
Posted on May 22, 2008In a surprising decision yesterday, the Quebec Court of Appeal has blocked the pending June 30th takeover of Bell Canada by the Ontario Teachers Pension Plan. The Globe and Mail reports:The biggest corporate takeover in Canadian history is in jeopardy after a Quebec court ruled that BCE Inc...
New York Court Declines to Recognize Israeli Divorce
Posted on May 22, 2008On May 8, we reported on a Maryland court's refusal to affirm the legal validity of an Islamic Divorce or talaq obtained in Pakistan.Earlier this week, Law.com highlighted an analogous decision by a New York state court, rejecting an Israeli divorce or get:A New York state judge has declined to recognize an Israeli divorce judgment that was based on a "get," or decree of divorce, issued by a Brooklyn rabbi...
Quebec Assembly: Supreme Court of Canada Judges Must Be Fluent in French
Posted on May 22, 2008The Montreal Gazette reports on a resolution adopted by the National Assembly, Quebec's provincial legislature, calling on the Prime Minister to ensure that any Judge appointed to Canada's Supreme Court be fluent in French:The National Assembly adopted a unanimous resolution yesterday affirming that the mastery of French is an essential prerequisite for the naming of judges to the Supreme Court of Canada...
Texas Appeal Court: No Legal Right to Remove Children of Polygamous Sect
Posted on May 22, 2008A breaking news report from Associated Press:SAN ANGELO, Texas - A state appellate court has ruled that child welfare officials had no right to seize more than 400 children living at a polygamist sect's ranch. The Third Court of Appeals in Austin ruled that the grounds for removing the children were "legally and factually insufficient" under Texas law...
Damage not Reasonably Foreseeable: Supreme Court Dismisses Fly-in-the-Water Case
Posted on May 22, 2008We wrote yesterday that the Supreme Court of Canada was to rule on tort of pure psychiatric injury in the "fly-in-the-water" case, which they have done today. Waddah Mustapha?s appeal has today been dismissed by Canada's highest court. The court found that Culligan owed Mr...
Not Yet Sold On Obama
Posted on May 22, 2008While the media's coronation of Barack Obama continues unabated, some rather credible Democratic Party leaders apparently remain determined to decide for themselves. They have by default become the true deciders. They are the undeclared Superdelegates...
'It Began With Cavities' - Utah Woman Loses Home Over $68.00 Dental Bill
Posted on May 22, 2008ABC News reports on a Salt Lake City, Utah woman's unlikely quest to retain her home - twelve years after it was sold at a judicial auction for $1,550.00 to satisfy a $68.00 dental debt: Can you imagine losing your home over a $68 dental bill? That's what happened to one Utah woman...
Video: Clinton and Obama Victory Speeches
Posted on May 21, 2008After another primary split Tuesday evening, here are the candidates' speeches:Hillary Clinton, following an enormous, 35 point Kentucky primary victory:..........Barack Obama, speaking in Iowa on the eve of a primary win in Oregon, claims the national pledged delegate majority:- Garry J...
Supreme Court to Rule on Tort of Pure Psychological Injury
Posted on May 21, 2008The Supreme Court of Canada is expected to rule this week on an important and increasingly common tort claim, the tort of pure mental distress/ nervous shock.The facts giving rise to the case are that Waddah Mustapha, a Windsor, Ontario man, saw a dead fly in the fresh, unopened, replacement water bottle supplied by Culligan Canada, who regularly supplied bottled water at his home and salon...
Law Graduate Receives First Ever Certificate for Remote Sensing, Air and Space Law
Posted on May 20, 2008In his upcoming convocation, law student Michael Dodge will receive the first ever Certificate for Remote Sensing, Air and Space Law from the University of Mississipi, School of Law. The certificate will provide him with a head start in embarking in a legal career specialized in the use of aerospace technologies...
Court Orders US Treasury Department to Accomodate the Visually Imparied
Posted on May 20, 2008In 2002, The American Council of the Blind initiated a lawsuit against the U.S Treasury Department on the basis that American currency discriminates against the visually impaired who cannot differentiate between US bills because they are printed in the same size, shape and colour...
The Cat Did It!
Posted on May 20, 2008For all those who accept "pet excuses" with a grain of salt....bbcnews.com reports:Albanians may have found a new villain to blame for the frequent power cuts that have been blighting their lives.The country's main electricity company says a cat chasing a mouse caused a 72-hour blackout in parts of the capital, Tirana...
$8 Million Court Victory for Eccentric Collector of Antiques and Fine Art
Posted on May 17, 2008Editors' note: We are pleased to have Alvin Starkman join us as a guest contributor to Wise Law Blog. We've previously written about Mr. Starkman, and shall thus assume he requires no further introduction. Suffice to say, we're looking forward to his continued commentaries...
Gay Marriage Ban Overturned By California Supreme Court
Posted on May 15, 2008MSNBC reports on a landmark ruling this morning by California's Supreme Court, declaring the state's ban on same sex marriage unconstitutional: SAN FRANCISCO - The California Supreme Court has overturned a ban on gay marriage, paving the way for California to become the second state where gay and lesbian residents can marry...
British Judges to Shed Wigs in October 2008
Posted on May 13, 2008It isn't exactly a fashion update, but this Times Online report highlights yet another aspect of the modernization of Britain's judicial system:For 300 years the wig and gown have symbolised the authority of the court. All that will change in October, when judges in civil and family cases will ditch their horsehair wigs and instead be dressed by a designer whose trademark is ?funky British clothes for aspiring funky British girls?...
"Queen" Judge Faces Nevada Judicial Discipline Commission
Posted on May 10, 2008It is entirely coincidental that we have featured an unusually high volume of bizarre, even eyebrow-raising stories about American judges of late. I assure our readers that our respect for the Bench is sincere and certainly well-justified. Still, how could one not be taken aback by this news of an elected Las Vegas District Court Judge, now facing misconduct charges before Nevada's judicial discipline commission, as reported at CNN?:Elizabeth Halverson is a judge...
Market Value of Mom's Services: $126,593 US
Posted on May 10, 2008$126,593 US per annum. That is the market value of a stay-at-home mom's services for the work performed in a typical household, according to a May 9th CBC report.Check out the personalized "calculation wizard" at Salary.com. (Stay at home Dads can use it too)...
Governor Wants Back into Governor's Mansion
Posted on May 10, 2008In the midst of filing for divorce, Republican Governor Jim Gibbons of the State of Nevada left the Governor?s mansion to reside in his previous estate in Reno, leaving his wife in possession of the home.The Governor, whose mansion is maintained by the taxpayers, is now in Court in an attempt to have his wife evicted from the home so that he may return to it...
Unpleased Spouse Posts Grievances on Hood of Car
Posted on May 10, 2008Garry Wise has previously commented on the airing of one?s dirty laundry through divorce blogs and you tube and now, a different forum has emerged.Fed up with her husband for not paying spousal support in accordance with a Court Order, a South African woman plastered a poster on the top of the hood of her car, which outlined her grievances with her soon to be ex- husband...
Pants Suit Judge Returns to Court
Posted on May 09, 2008Judge Roy Pearson is heading back to Court.This time, he is suing the District of Columbia. He is seeking reinstatement in his lost, D.C. judicial position and damages of $1 million. The former judge was not reappointed to the bench, in part over his fabled $54 million lawsuit last year against a dry cleaner who lost the Judge's pants...
Loafing on a Friday Afternoon (In the US Courts)
Posted on May 09, 2008I have once again had a good laugh from the secrets revealed by this blog's stats. When I noted a visitor from the uscourts.gov domain, I was, of course, immediately curious as to which of the many brilliant, academic posts written by yours truly had attracted attention from so lofty a domain...
Retiring Judge: Oops, I Forgot
Posted on May 09, 2008One the eve of a presumably well-earned retirement, a St. Louis, Missouri judge had a rather embarrassing surprise. While cleaning out her office, she made the startling discovery of a trial brief, collecting dust. She had forgotten to deliver her ruling in the case, heard six years prior...
Leafs Press Conference: Paul Maurice Fired
Posted on May 08, 2008Cliff Fletcher's press conference yesterday, announcing the firing of Paul Maurice as Toronto Maple Leafs head coach:- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Speaking of Scary Preachers and Politics...
Posted on May 08, 2008Take a closer look at Pastor John Hagee, a vocal supporter of John McCain for President:Maybe he was just mad that nobody invited him to the parade.(h/t: Dave Johnson)- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Argos, Leafs and the Ontario Racing Commission
Posted on May 08, 2008The Ontario horse racing world is watching closely as a public tiff escalates between former Toronto Maple Leaf defenceman, Rod Seiling, now Chairman of the Ontario Racing Commission, and lawyer Gerry Sternberg, a proud Toronto Argonaut alumnus.The Globe and Mail reports: A panel of six commissioners ruled this week that Sternberg could no longer work as a lawyer before the commission - which regulates horse racing in the province - until he made an "unqualified apology" for an outburst against chairman Rod Seiling during a March hearing...
Warring Couple Barred from St. Catharines Family Court
Posted on May 08, 2008The Globe and Mail reports on a very unusual decision handed down by Mr. Justice Joseph Quinn, barring both spouses in an apparently long and never-ending family law battle from further resort to the Court.In holding that neither couple could bring on further proceedings without leave of the Court, Justice Quinn stated:The parties have gorged on court resources as if the legal system were their private banquet table...
Michigan Supreme Court: No Health Benefits for Same Sex Partners
Posted on May 08, 2008According to an Associated Press report, Michigan's Supreme Court that ruled the State's same-sex marriage ban prohibits the State's universities and colleges from providing health care benefits to the same-sex partners of campus employees:The ban, a constitutional amendment approved in November 2004, says the union between a man and woman is the only agreement recognized as a marriage "or similar union for any purpose...
Maryland Court Denies U.S. Legal Validity of Islamic Divorce
Posted on May 08, 2008From the Baltimore Sun:Saying "I divorce thee" three times, as men in Muslim countries have been able to do for centuries when leaving their wives, is not enough if you're a resident of Maryland, the state's highest court ruled yesterday.Yesterday, the Court of Appeals rejected a Pakistani man's argument that his invocation of the Islamic talaq, under which a marriage is dissolved simply by the husband's say-so, allowed him to part with his wife of more than 20 years and deny her a share of his $2 million estate...
Christian Heritage Party Asks Canada's Governor General To Overturn Supreme Court of Canada Refusal
Posted on May 08, 2008The Christian Heritage Party, undaunted by the Supreme Court of Canada's refusal of leave to appeal an Ontario Court of Appeal decision upholding Canada's election funding laws, has now asked Canada's Governor-General, Michaelle Jean, to intervene to instruct the Supreme Court to hear their appeal...
The Clinton Pony Was DOA
Posted on May 07, 2008Well, after all the slinging from the right and the Reverend Wright, the media hacks and the Hillarites, Obama pushed the turbo engines and came out looking awfully electable after last night's key primary races in North Carolina and Indiana. Like Ohio, which Hillary won only by losing more than half her initial 20 point lead, Mrs...
Paul Maurice Is No More
Posted on May 07, 2008Accoring to reports, the Toronto Maple Leafs have terminated coach Paul Maurice. CBC News now confirms the firing:...Maurice, 41, was told early Wednesday morning he had been relieved of his duties with one year and a club option remaining on his contract...
Bloggers: A Critique
Posted on May 06, 2008Hockey writer Brandon Felder:Another issue brought up is the lack of quality writing by bloggers. I won?t lie. I?m sure I?ve made my fair of grammatical errors. While I strive to write as professionally as possible, there is no doubt times I make mistakes...
Israeli Court Rejects Domestic Violence Claim by Same -Sex Partner
Posted on May 05, 2008Citing Israel's Declaration of Independence, a family court judge has rejected a man's claim of domestic violence and harassment by his same-sex partner because the couple does not fall within the definition of a "legitimate family" in accordance with Jewish law...
Mildred Loving, 1940 - 2008
Posted on May 05, 2008Mildred Loving, the plaintiff in a landmark 1967 U.S. Supreme Court decision that eliminated legal barriers to interracial marriage in America, has died at age 68: Loving and her white husband, Richard, changed history in 1967 when the U.S. Supreme Court upheld their right to marry...
Will Teamsters' Supreme Court of Canada Employment Law Victory Erode Employee Rights on Termination?
Posted on May 05, 2008Evans v. Teamsters Local Union No. 31Under Canadian law, a terminated employee is required to make reasonable and diligent effort to secure re-employment after a dismissal. In wrongful dismissal actions, damages may be reduced if such efforts are not demonstrated...
Scotland Repeals Spousal Testimony Law
Posted on May 04, 2008BBC News reports:A husband, wife or civil partner can currently only be required to give evidence against their partner if they are the victim of an offence by them.Justice Secretary Kenny MacAskill said the law has meant spouses have been able to "escape justice"...
Canada's Age of Consent Raised to 16
Posted on May 04, 2008As part of the Tackling Violent Crime Act that received Royal Assent in late February of this year, Canada?s age of consent has now been raised two years to the age of 16.The Canadian Press reports:The legislation was brought in by the Conservative government in part to deal with older internet predators who troll the web looking for younger victims...
Saturday Poli-Tunes: Teflon John
Posted on May 03, 2008From Max and The Marginalized - Teflon John:There's something worth pointing out about this California-based band beyond its music - that is the state-of-the-art model it is using for its self-marketing and distribution. Fearturing members Max Bernstein, Jon Ryggy and Dave Watrous, the band hosts a blog on Blogger and pages on MySpace and Facebook...
The Democratic Nomination Video Recap
Posted on May 03, 2008Everything you missed, from the early stages to Iowa and Pennsylvania and beyond, in seven easy video minutes:(h/t Red Tory)- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Hillary Clinton's Bill O'Reilly Interview
Posted on May 03, 2008A highlight reel from TPM of Hillary Clinton's appearance last week in the so-called "No Spin Zone" with Fox News talking head, Bill O'Reilly:- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
100 More Years
Posted on May 03, 2008The DNC's "100 years of McCain" ad:- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Law Society Approves Law School in Thunder Bay
Posted on April 27, 2008Last week, the Law Society of Upper Canada approved the addition of a Law School at Lakehead University in Thunder Bay Ontario.The Toronto Star Reports:The school would be the first in Northern Ontario and would cater to aboriginal students. It has the support of former prime minister Paul Martin and Michael Bryant, Ontario's minister of aboriginal affairs, among others...
Hillary Will Win
Posted on April 26, 2008For quite some time, I have been privately forecasting a Hillary Clinton victory in the Democratic presidential nomination contest. Today, I am going public - I anticipate that Hillary Clinton will be the Democratic Party's 2008 nominee.It is comments like this one, from Democratic National Committee Chair Howard Dean, that convince me the tide has turned:[Superdelegates] have every right to overturn the popular vote and choose the candidate they believe would be best equipped to defeat John McCain in a general election...
Crayon Battle Draws Felony Charges Against Florida 8 Year-Old
Posted on April 26, 2008From USA Today:WBBH-TV says a fight over crayons led to felony charges against an 8-year-old boy in Fort Myers, Fla.The second-grader was charged with aggravated battery after a teacher told police that he hit some of his classmates and then punched his teacher during a violent outburst at Royal Palm Exceptional School...
Video: Reverend Jeremiah Wright on Barack Obama - "He Does What Politicians Do"
Posted on April 25, 2008A serious body blow to the Obama mystique, from Bill Moyers Journal on PBS:Reverend Wright on Barack Obama:"So here at a political event, he goes out as a politician and says what he has to say as a politician..."Who better than his pastor of twenty years to make it known that Mr...
Quotable
Posted on April 23, 2008Bernie Farber, Chief Executive Officer of the Canadian Jewish Congress, on human rights commission complaints against Macleans Magazine and Mark Steyn:Steyn's observations are not actionable under the law and the complaints against them fall outside the mandate of human rights commissions...
Blackberrys: The Next Frontier in Unpaid Overtime Claims?
Posted on April 23, 2008Are you constantly sneaking peaks under the table at your Palm or Blackberry when you are out at a restaurant? Well, perhaps in the future you may be getting paid for doing so. WSJ Law Blog picks up on what may soon become a hot topic in unpaid overtime claims - the numerous hours spent by Blackberry users outside the office addressing workplace concerns: The next front in the ever burgeoning field of wage-and-hour litigation? Blackberrys, according to a story in the National Law Journal...
Video: Hillary Clinton's Pennsylvania Victory Speech
Posted on April 23, 2008A big night for the Hillary Clinton campaign, with a convincing ten-point victory in the long-awaited Pennsylvania primary.Here is her victory speech:- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
The Acquittal Of Robert Baltovich
Posted on April 23, 2008After the Crown declined to lead evidence in yeterday's re-trial of Robert Baltovich on charges arising from the June 19, 1990 killing of Elizabeth Bain, it took the jury virtually no time to acquit him.Today, the Toronto Star asks the million dollar question: Did Paul Bernardo do it?- Garry J...
Persons
Posted on April 23, 2008April 23, 1928:Eighty years ago today, in 1928, the Supreme Court of Canada ruled that women were not persons under the British North America Act and therefore could not hold office. In 1929 the British Privy Council reversed the decision, saying the exclusion of women from public office was "a relic of days more barbarous than ours...
ISP Woes at Wiselaw.net
Posted on April 23, 2008We are having technical difficulties with our website, http://www.wiselaw.net/ and our email today. Our ISP is working on the problems, and we expect to be up and running and back to normal shortly.In the meanwhile, feel free to contact me directly by telephone at 416-972-1800, or by email at wiselawoffice@yahoo...
Interview with Three Polygamist Mothers
Posted on April 20, 2008Three mothers, whose children were among 400 removed by authorities from a Texas polygamist community ranch on April 8, speak to ABC News:- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Your Fish is My Command* (Happy Passover)
Posted on April 18, 2008It is that time of year again, when matzah is hidden, questions are asked, wines are imbibed, and (in Montreal, anyways) playoffs are watched between courses. We'd like to wish a very happy Passover to all who are celebrating. All the best from all of us at Wise Law Blog...
Britney Spears' Lawyers...
Posted on April 18, 2008... are getting a rather nice payday, acccording to CNN:A court commissioner on Thursday authorized various lawyers representing Britney Spears and her family to be paid more than $372,500 out of Spears' funds.Britney Spears' father has had control of her finances since her hospitalizations in January...
Free Clotheslines, Blowing in The Wind
Posted on April 18, 2008With yesterday's energy-conserving announcement by Premier Dalton McGuinty that Ontario's subdivisions will no longer be permitted to ban outdoor clotheslines, Toronto Star reports Toronto Hydro will be lauching a free, clothesline giveaway at selected retail outlets:Each Saturday and Sunday from April 26 to May 11, retractable lines for indoor or outdoor use, worth $13 to $15 each, will be handed to the first 500 shoppers at some Home Depot, Wal-Mart, Costco and Zellers locations...
Springsteen - Obama: Wrong for Pennsylvania, Wrong for America...
Posted on April 18, 2008An amusing parody...(h/t: Red Tory)....On a much sadder note, MSNBC reports that long-time E-Street Band keyboardist Danny Federici died of melanoma yesterday, at age 58:NEW YORK - Danny Federici, the longtime keyboard player for Bruce Springsteen whose stylish work helped define the E Street Band?s sound on hits from ?Hungry Heart? through ?The Rising,? died Thursday...
Video: Clinton-Obama Pennsylvania Debate
Posted on April 17, 2008- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Divorce By YouTube
Posted on April 16, 2008We've written previously on the troubling emergence of the "divorce blog,"These are web logs in which a party to a matrimonial proceeding typically airs the family's "dirty laundry" for all to see.Tricia Walsh-Smith, one of the protagonists in a bitter Broadway divorce-in-progress, has now taken this disturbing trend up a notch...
Springsteen Endorses Obama
Posted on April 16, 2008Bruce Springsteen has announced his endorsement of Barack Obama as Democratric Presidential nominee.In a letter addressed to friends and fans posted his Web site, Springsteen said he believes Obama is the best candidate to undo "the terrible damage done over the past eight years...
Hillary Clinton's New Ad
Posted on April 15, 2008Pennsylvania voters speak in Hillary Clinton's latest ad: Apparently this has peeved some of Barack Obama's more easily-aggrieved supporters.- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCEORIGINALLY POSTED AT WISE LAW BLOG ? SUBSCRIBE TO WISE LAW BLOG
Bits and Briefs
Posted on April 14, 2008A busy period has kept me from writing as much as usual. So, here is another installment of Bits and Briefs to get caught us up on some of the latest legal happenings:Is waterboarding the latest chic technique for corporate team-building? An Utah employee who was waterboarded by his boss at a motivational sales meeting thinks not...
401 Pigs
Posted on April 14, 2008It's been a while since I've had occasion to opine on swine (and if you haven't yet read of the misfortunes of one Alaina Templeton, you ought to), but this report from CityNews of a motor vehicle accident yesterday on Toronto's Highway 401 certainly provides adequate cover for another fleeting poke into the genre: For years, drivers have been complaining about road hogs on the 401...
Position Available: Junior Legal Assistant, Toronto
Posted on April 13, 2008Wise Law Office is currently seeking a Junior Legal Assistant to join our Toronto law offices. The successful applicant will deliver direct client services, coordinate our current marketing initiatives and provide reception and administrative support in our offices...
Gang Wars and Family Courts
Posted on April 13, 2008Here's a story for the books from the Denver Channel. I can imagine the custody battle already: COMMERCE CITY, Colo. -- A couple fighting about which gang their 4-year-old toddler should join caused a public disturbance that resulted in the father's arrest, Commerce City police said Thursday...
Haircuts, Drivers' Licences, Bitterness and Hypocrisy
Posted on April 13, 2008Having read the various apologetics from Obama supporters in their comments to Annie Kenet's post earlier today, "Obama Rules" Broken, I'll weigh in, too. Of course the current "bitter voters" story is dumb. Of course Mr. Obama's comment about gun-toting, bible-clinging, bitter Pennsylvanians has been spun out of proportion and robbed of context in the uproar that has followed...
"Obama Rules" Broken
Posted on April 13, 2008In a prior post, Garry Wise outlined his ?Obama Rules? - the playbook for Obama supporters and much of the American media covering the race for the Democratic presidential nomination between Senator Hilary Clinton and Senator Barack Obama: Rule 1: Every word Barack Obama (or any one of his supporters) shall utter shall be deemed to be historic, monumental and as pronouncing a self-evident, higher truth never before heard...
Supreme Court Justice Bastarache Announces Retirement
Posted on April 12, 2008Last week, Supreme Court Justice Mr. Michel Bastarache announced his retirement from Canada's top court. According to a Supreme Court of Canada news release: The Rt. Hon. Beverley McLachlin, Chief Justice of Canada, announced today that Justice Michel Bastarache has written to the Minister of Justice, the Honourable Robert Nicholson, to advise that he will retire at the end of the spring session of the Court, effective June 30, 2008...
Microsoft, the Olympics and the Symbol of Peace
Posted on April 07, 2008And in other noteworthy anniversary news this weekend: Microsoft marked its 23rd anniversary, the peace symbol marked its 50th anniversary, and the first modern Olympics in Athens, Greece marked its 112th anniversary.The Washington Post reports: The peace symbol -- three simple lines within a circle -- turns 50 today...
Canada's Thriving Defamation Industry
Posted on April 07, 2008Is it becoming trendy for Canada's elected politicians to play the defamation game? Canadian Press reports that Saskatchewan Premier Brad Wall, following closely in the Prime Minister's guiding footsteps, is the latest to throw his hat into the nation's libel litigation sweeps: Saskatchewan Premier Brad Wall has advised The Canadian Press he intends to sue the national news agency for defamation for a headline it ran on a story featuring controversial comments he made on a home-movie videotape made more than 16 years ago...
Three Years Later
Posted on April 06, 2008Three years ago, Wise Law Blog began, with virtually no thoughts at all on the role law blogs were going to have in the legal discourse of the day.Today, 847 posts later, we're still not sure. But we will keep working on it...I'd like to thank our readers for reading, Shashi Raina and Annie Kenet for writing, and the many other great bloggers out there who have been an inspiration, a challenge and an education...
An Anniversary Joke
Posted on April 05, 2008The Truth:Bob and Nancy were celebrating their 50th wedding anniversary. After 50 years, Bob wanted to know if Nancy was always faithful. Bob asked, "Have you ever cheated on me?" Nancy replied, "Yes, three times." "What?!", yelled Bob, "When?" Nancy said, "Remember when the septic tank flooded back in ?69 and we couldn?t afford to fix it? I convinced the plumber to fix it for free...
Looking for America*
Posted on April 05, 2008Originally posted August 27, 2005 It seems not that long ago that I was one of tens of thousand of Torontonians, rhythmically throwing our fists in the air with Bruce Springsteen, as we shouted "Born in the USA, I was.... Born in the USA," out in the open air at the old CNE Grandstand...
Ralph Kramden Sues the Bus Company
Posted on April 05, 2008Ralph Kramden has an accident while driving his bus, due to malfunctioning windshield wipers. He decides to sue the bus company for negligence. "It's the opportunity of a lifetime," he tells a skeptical Alice. He's counting on damages of $10,000.00. With that kind of loot, "even after paying the lawyers," he says, "we'll be millionaires...
By Popular Demand... The Flintstones
Posted on April 05, 2008This will actually be the second time this week we've had the opportunity to feature The Flintstones... That must be something of a blawger record. But it's the weekend, and that can mean only one thing. It's time again for Saturday at the You Tubes. The Blogversary Edition: - Garry J...
"I've Been to the Mountaintop"
Posted on April 04, 2008An excerpt from Dr. Martin Luther King's final speech on April 3, 1968:Today is the 40th anniversaty of the assassination of Martin Luther King Jr. Dr. King was gunned down in Memphis, Tennessee on April 4, 1968.Also see:Remembering Martin Luther King, Jr...
Toronto Traffic Court: "Flintstone Car" Not a Motor Vehicle
Posted on April 04, 2008A Toronto traffic court's decison may have shaken the bedrock of Ontario Highway Traffic Act jurisprudence. CityNews gets our "headline of the year" vote for this story:'Flintstone Car' Driver Off The Hook For TicketIt was a work of art that wound up getting a traffic ticket...
NY Times: Obama Support Softening
Posted on April 04, 2008A New York Times report Thursday shed new light on current American voter preference trends:The poll showed that Mr. Obama now leads Senator John McCain of Arizona, the presumptive Republican presidential nominee, by 47 percent to 42 percent; his lead was 50 percent to 38 percent in late February, when Mr...
US Appeal Court: Roommate-Finding Website May Not Ask About Sexual Orientation
Posted on April 04, 2008From MSNBC:SAN FRANCISCO - A roommate-finding site cannot require users to disclose their sexual orientation, a U.S. appeals court ruled on Thursday, in the latest skirmish over whether anti-discrimination rules apply to the Web.The U.S. 9th Circuit Court of Appeals said Roommates...
'Blogversary' Special
Posted on April 04, 2008I'm old enough now that I no longer count birthdays.So I note with interest, therefore, that as Wise Law Blog approaches its third 'blogversary' tomorrow, I'm actually quite looking forward to marking the big day with something a bit special.I haven't entirely decided what that will entail, yet...
Oregon Lawyers in Courthouse Fistfight
Posted on April 03, 2008Via ABA Journal;Attorneys David Lawrence and Aaron Matusick had just left a Multnomah County landlord-tenant court hearing Thursday when they began shouting at each other, the Portland Oregonian reports."Although it's not clear exactly who did what, witnesses said one man slapped the other and the other responded with a punch to the forehead," the paper reports...
The George W. Bush Sewage Plant...
Posted on April 03, 2008Via Think Progress:SFist reports that the enterprising Presidential Memorial Commission of San Francisco is looking to rename Oceanside Wastewater Treatment Facility to the ?George W. Bush Sewage Plant.? The group explains it seeks to ?select a fitting monument to this president?s work? and to ?honor George W Bush for his eight years of honorable public service...
Ontario Minimum Wage Increases Today
Posted on March 31, 2008Ontario's minimum wages are increasing today. The Province's general minimum wage is now $8.75 per hour. The minimum wage for students under 18 years of age rises to $8.10 per hour.The chart below (click to enlarge), adapted from the Ontario Ministry of Labour, details the full schedule of minimum wage increases now in effect, along with additional increases scheduled through March 31, 2010:- Garry J...
Earth Hour: ?Great Job Canada?
Posted on March 31, 2008Promoted by the World Wildlife Fund, Earth Hour was a global effort to raise awareness of climate change. Yesterday, between 8:00 p.m. and 9:00 p.m. Canada showed its support of the cause in numerous cities across the country. World Wildlife Canada reports: Earth Hour was a huge global success! On Saturday, March 29, from 8 p...
UK Employers to Protect Against 3rd Party Sexual Harassment
Posted on March 31, 2008Employers in the Canada and in the United Kingdom have a legal obligation to protect their employees from sexual harassment in the workplace. Typical discussion of this obligation has focussed on the employer's duty to protect its employees from sexual harassment by other employees...
N.S., Quebec: New Laws Will Curb Driving While Talking on Cell Phone, April 1, 2008
Posted on March 31, 2008My friend T. passes on this friendly memo from Bell Mobility regarding new laws that come into effect April 1st in two Canadian provinces that will regulate cell phone use while driving: On April 1st, new laws regarding the use of mobile phones while driving come to effect in Québec and Nova Scotia...
The Obama Playbook
Posted on March 30, 2008The current, Five-Step Obama Campaign Playbook: 1. Declare presumptive victory before all votes are counted.2. Repeatedly emphasize that it would be wrong, undemocratic and positively un-American to require all ballots to be counted, given that inevitable victory has already been achieved...
Sunday Tunes: Who Fought the Law?
Posted on March 30, 2008The weekend is upon us, so let's take a stroll through the YouTube archives to canvas a classic rebel-rock tune with a storied history:"I Fought the Law" is a much-covered song originally recorded by Sonny Curtis and The Crickets (post Buddy Holly) in 1959...
Maybe Next Year....
Posted on March 28, 2008The Toronto Maple Leafs have once again been eliminated from N.H.L. post-season contention.With a 4-2 loss to the Bruins in Boston Thursday night, the team mathematically sealed its unhappy fate for the third consecutive year. Toronto's second-favorite spectator sport - Leaf post mortems, recriminations and off-season dramas - may now accordingly begin...
Quotable: On Racism's 'Aesthetic Makeover'
Posted on March 28, 2008Serious food for thought from David Sirota at Truthdig: Since the 1960s, bigotry has undergone an aesthetic makeover. Today, the most pernicious racists do not wear pointy hoods, scream epithets and anonymously burn crosses from behind masks. They don starched suits, recite sententious bromides and stage political lynchings before television cameras...
Polygraph Results Ruled Inadmissible in Ontario Civil Courts
Posted on March 28, 2008Via the always exceptional Cavanaugh Williams law blog, this report on a decision of the Ontario Divisional Court, ruling polygraph test results are inadmissible as evidence in Ontario civil court proceedings: Justice Quinn reviewed the law. He said that evidence that a person has offered to submit to polygraph testing can be admissible, but that was a neutral factor here, since both parties had made such an offer...
Matlow Inquiry Continuing April 8, 2008
Posted on March 28, 2008According to a Canada News Wire release today, the inquiry into the conduct of the Honourable Judge Ted Matlow of the Ontario Superior Court of Justice will be continuing with the hearing of fresh evidence next month:The Honourable Clyde Wells, Chief Justice of Newfoundland and Labrador and Chairperson of the Inquiry Committee created to review the conduct of the Honourable Theodore Matlow, has indicated that the Inquiry Committee will be reconvening its proceedings to hear further evidence in this matter...
Quotable: On Racism's 'Aesthetic Makeover'
Posted on March 27, 2008Serious food for thought from David Sirota at Truthdig: Since the 1960s, bigotry has undergone an aesthetic makeover. Today, the most pernicious racists do not wear pointy hoods, scream epithets and anonymously burn crosses from behind masks. They don starched suits, recite sententious bromides and stage political lynchings before television cameras...
Polygraph Results Ruled Inadmissible in Ontario Civil Courts
Posted on March 27, 2008Via the always exceptional Cavanaugh Williams law blog, this report on a decision of the Ontario Divisional Court, ruling polygraph test results are inadmissible as evidence in Ontario civil court proceedings: Justice Quinn reviewed the law. He said that evidence that a person has offered to submit to polygraph testing can be admissible, but that was a neutral factor here, since both parties had made such an offer...
Matlow Inquiry Continuing April 8, 2008
Posted on March 27, 2008According to a Canada News Wire release today, the inquiry into the conduct of the Honourable Judge Ted Matlow of the Ontario Superior Court of Justice will be continuing with the hearing of fresh evidence next month:The Honourable Clyde Wells, Chief Justice of Newfoundland and Labrador and Chairperson of the Inquiry Committee created to review the conduct of the Honourable Theodore Matlow, has indicated that the Inquiry Committee will be reconvening its proceedings to hear further evidence in this matter...
Legal Outsourcing to India
Posted on March 25, 2008In the not too distant past, when people in the west thought of India, they thought of a country of sadhus, snake-charmers and saris; a country of tigers and elephants, poverty and congestion. Those images are still very much a part of popular western perceptions of India...
SCC: Khadr Appeal May Consider Legality of Guantanamo Detentions
Posted on March 25, 2008In a series of preliminary decisions, the Supreme Court Canada reiterated March 20, 2008 that it will allow a wide latitude of argument in its hearing of the Omar Khadr case as to "the legality of the detentions at Guantanamo in international law, and whether the Charter was breached by some form of Canadian complicity by interviewing [Mr...
The Angry Judge
Posted on March 24, 2008For good reason....Texas Defense Lawyer Jailed Over Lewd Courtroom Gesture - ABA Journal:A Texas defense lawyer representing a client in a DUI case was jailed briefly last week after he allegedly made a lewd gesture to let the judge know what he thought of a prosecution complaint in the case...
The Blogging Judge
Posted on March 24, 2008Slate Magazine's blog on legal issues, Convictions, has a new contributor. She is Nancy Gertner, a United States District Court judge for the District of Massachusetts.Am I the only one who see a problem with this?- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www...
The Dialogue on Race in America
Posted on March 24, 2008Barack Obama has called for dialogue on race in America. Well, that long-overdue dialogue has begun. And not surprisingly, it isn't pretty. Here are three must reads from two leading American commentators:Wright And Wrong - DigbyOne of Instapundit's favorite blogs speaks on race - Salon: Glenn GreenwaldThe difference between Jeremiah Wright and radical, white evangelical ministers - Salon: Glenn Greenwald And while we're on this topic, in case you have not seen the entire clip, here is Reverend Jeremiah Wright's controversial post-911 speech that was at the genesis of last week's fiasco: Below is a further clip, in which the Reverend opines very directly on the nomination battle between Hillary Clinton and Barack Obama: - Garry J...
The Funny Judge
Posted on March 24, 2008National Review delivers an instant classic in the rare art of comedic judicial reasoning, penned by Texas U.S. District Judge, Samuel B. Kent:Before proceeding further, the Court notes that this case involves two extremely likable lawyers, who have together delivered some of the most amateurish pleadings ever to cross the hallowed causeway into Galveston, an effort which leads the Court to surmise but one plausible explanation...
SCC: Khadr Appeal May Consider Legality of Guantanamo Detentions in International Law
Posted on March 24, 2008In a series of preliminary decisions, the Supreme Court Canada reiterated March 20, 2008 that it will allow a wide latitude of argument in its hearing of the Omar Khadr case as to "the legality of the detentions at Guantanamo in international law, and whether the Charter was breached by some form of Canadian complicity by interviewing [Mr...
8-year-old Passes Law School Entry Exam in Brazil
Posted on March 23, 2008The Canadian Press Reports: An eight-year-old boy with dreams of becoming a judge has passed a law school entrance exam, shocking Brazil's legal profession and prompting a federal investigation. The Universidade Paulista, a multi-campus private university, issued a statement acknowledging that Joao Victor Portellinha de Oliveira had passed the entrance exam and that it initially enrolled him...
Happy Easter!
Posted on March 23, 2008In his annual Easter mass, Pope Benedict called for peace in the world, citing specifically the regions of Iraq, Tibet and Darfur. He also baptized an Egyptian born Muslim man, which the Vatican explained in a statement released earlier, was in the spirit of Christianity as all newcomers to the religion are "equally important before God's love and welcome in the community of the Church"...
EU to Study Beijing Olympic Boycott over Tibet
Posted on March 23, 2008The President of the European Union has called upon the EU to study a boycott of the Beijing Summer Olympics over China's continuing strife in Tibet:European countries should consider a boycott of the Olympics in Beijing if the Chinese government continues to take a hardline attitude to unrest in Tibet, according to the president of the European parliament...
Pope Calls for Peace in Iraq, Tibet, Darfur
Posted on March 23, 2008In his annual Easter mass, Pope Benedict called for peace in the world, citing specifically the regions of Iraq, Tibet and Darfur. He also baptized an Egyptian born Muslim man, which the Vatican explained in a statement released earlier, was in the spirit of Christianity as all newcomers to the religion are "equally important before God's love and welcome in the community of the Church"...
BBC Video: Tent Cities Spring Up In U.S. Due To Mortgage Crisis
Posted on March 22, 2008- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCE
Obama Rules
Posted on March 22, 2008Finally I get it.These are The Rules of the Democratic nomination battle, as adopted by supporters of the Barack Obama campaign:Rule 1:Every word Barack Obama (or any one of his supporters) shall utter shall be deemed to be historic, monumental and self-evidently, as pronouncing a higher truth never before heard...
Video: "It's Raining McCain...?"
Posted on March 22, 2008Meet the McCain Girls... - Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCE
The Gullibility of Andrew Sullivan
Posted on March 22, 2008On the fifth anniversary of the commencement of American hostilities in Iraq, leading conservative blogger Andrew Sullivan has responded to Slate Magazine's request that he reflect on his "own failings of judgment" as a staunch supporter of the Bush administration's 2003 march toward war...
It's The Easter Beagle...
Posted on March 21, 2008Have a good holiday... - Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCE
The Gullibility of Andrew Sullivan
Posted on March 21, 2008On the fifth anniversary of the commencement of American hostilities in Iraq, leading conservative blogger Andrew Sullivan has responded to Slate Magazine's request that he reflect on his "own failings of judgment" as a staunch supporter of the Bush administration's 2003 march toward war...
Scooter Libby Disbarred
Posted on March 20, 2008In re I. L. Libby - Opinion of the District of Columbia Court of Appeals:When a member of the Bar is convicted of an offense involving moral turpitude, disbarment is mandatory. D.C. Code § 11-2503 (a) (2001). When convictions on more than one count are involved, disbarment is mandated if any one of them involves moral turpitude...
Bits and Briefs
Posted on March 20, 2008With a holiday weekend just ahead, it's time to catch up with a few stories, some old and some new:A lawsuit is obviously ahead between the Redneck Shop, "a KKK store" in Laurens, South Carolina, and David Kennedy, its black, civil rights activist landlord...
Barack Obama's Speech On Race Relations
Posted on March 19, 2008Like so much in this U.S. Presidential nomination cycle, reaction to Barack Obama's speech yesterday on race in America was all in the eye of the beholder. My friend, Barry Brown, was exuberant:I said Barak Obama had to give his inaugural address now and that's just what he did...
McCartney v. Mills-McCartney
Posted on March 19, 2008Just so you can't say we aren't meeting all of your celebrity justice needs:McCartney divorce costs Beatle US$48.7-million - National PostDivorce judge says Mills was 'inaccurate and less than candid witness' - Times OnlineThe judgment in full The best extracts - Garry J...
Lap Dance Litigation?
Posted on March 18, 2008From the city that never sleeps, via Associated Press:NEW YORK (AP) ? A businessman claims in a lawsuit that he was injured when a stripper giving him a lap dance swiveled and smacked him in the face with the heel of her shoe. Stephen Chang, a securities trader, said in court papers filed Friday that he was at the Hot Lap Dance Club near Madison Square Garden and was getting a paid lap dance when the accident occurred early Nov...
Supreme Court of Canada - Flies in The Water Bottle
Posted on March 18, 2008The Supreme Court of Canada heard argument today in the case of Wadda Mustapha, an Ontario man who sued a home drinking water supplier for damages, after finding dead flies at the bottom of a water bottle in his home. Mr. Mustapha claimed damages for emotional distress, depression, phobia and anxiety...
Ryerson Student Won't Be Expelled Over Facebook Study Group
Posted on March 18, 2008We reported on the case of Chris Avenir last week. He's the student at Toronto's Ryerson University who faced expulsion over charges that a Facebook study group he administered facilitated cheating among the group's members. Today, the decision of an appeal committee that heard Mr...
Landlord May Butt Out Smoking Tenant: Ontario Landlord & Tenant Board
Posted on March 17, 2008In a ground breaking ruling issued February 25, 2008, Ontario's Landlord and Tenant Board has enforced a non-smoking provision in a residential lease, and upheld the right of residential landlords to prohibit smoking in the Province's rental accommodations...
Overlawyering Spitzer
Posted on March 17, 2008I was pleased to see that we received a visit from Overlawyered's Walter Olson over the weekend. He was good enough to make a digital trek north of the border to comment on a post I wrote last Tuesday.Mr. Olson and I have disagreed occasionally in the past, but at the outset I will reiterate my prior comment that Overlawyered is, indeed, one of the premier and most readable law blogs in America...
The Anatomy of a Lawsuit - Part 1
Posted on March 17, 2008The Nuts and Bolts of Civil Legal Proceedings in Ontario If you've ever been involved in civil litigation in Ontario, you've probably asked these questions: How does the court system work? What is the next step in my lawsuit? When is the other party going to file its documents? What is a motion? What happens at a pre-trial hearing? What must be done to get a trial date scheduled? What is going to happen next? And when? In this series of articles, we will take a brief look at the way Ontario's litigation process works...
Riders' Petition Rejected by Go Transit
Posted on March 16, 2008GO Transit, which serves approximately 50 million commuters throughout the Greater Toronto Area a year, has rejected a petition by riders calling for fare rebates when service falls short. The petition, delivered by Patricia Eales of Oakville, contained close to 11,000 names calling for the transit company to offer rebates to passengers on GO trains running more than 20 minutes late, or not arriving at all...
B.C. Teacher Regulator Warns About Facebook
Posted on March 16, 2008Should school teachers friend their students on Facebook?The British Columbia College of Teachers tackles this question in a statement, Facing Facebook, that warns the Province's teaching professionals of "fairly significant risk" to professional boundaries posed by teacher participation on Facebook:...
Proposed Mississippi Bill: Restaurants not to Serve Obese People
Posted on March 16, 2008Last month, three Mississippi lawmakers introduced a bill that would prohibit ?obese? people from being served in Mississippi restaurants. Understandably, the proposed law has created serious backlash, and the bill?s authors are now backtracking, claiming their intention was to bring attention to the obesity problem in Mississippi, rather than enacting the controversial law...
Lawmaker Hopes to Make Anonymous Blogging Illegal
Posted on March 16, 2008In an effort to address the ongoing problem of online bullying, Kentucky representative Tim Crouch is attempting to introduce a bill that would make it illegal to post anonymously online.Lexington, Kentucky's WTVQ News reports:The bill would require anyone who contributes to a website to register their real name, address and e-mail address with that site...
Migrating Same-Sex Marriages in America: "Betwixt and Between"
Posted on March 15, 2008Professor Brenda Cossman of the University of Toronto's Faculty of Law Blog has a new paper on the gap between the legal and cultural recognition of same-sex marriage in America.Focusing on the uncertain legal status of same-sex spouses who migrate to, and throughout, America, Betwixt and between Recognition: Migrating-Same-Sex Marriages and the Turn Toward the Private reviews the applicability of conflict of laws principles to judicial determination of the legal status of migrating spouses...
Clinton Supporter at Daily Kos: "This Is A Strike"
Posted on March 15, 2008There is no doubt - some Democratic feathers are getting badly ruffled as the nomination battle between Senators Clinton and Obama increases in heat. Some contributors at the flagship progressive blog, Daily Kos, now say they have had enough - enough, that is, of the ongoing 'Clinton-bashing' they claim to have encountered at the site...
Surprising Primary Statistics
Posted on March 14, 2008Interesting stats and analysis from MyDD. Among Democratic primary voters, Hillary Clinton leads in the popular vote by 52% - 48%. Barack Obama is ahead 59% - 41% among both independent and Republican voters who have participated in the Democratic primaries...
"Ashley's Treatment": After a Year of Blogging, Parents Provide First Interview on Decision to Keep Child Physically Small
Posted on March 13, 2008Born with an undiagnosed severe brain injury, at 9 years old Ashley has the mental capacity of a 6-month-old. She is entirely dependent on her parents. She cannot walk, eat, talk, bathe or roll over on her own.Concerned about the effects that puberty would have both on their child?s comfort and their future ability to care for Ashley, Ashley?s parents ? who remain anonymous- began researching what they have coined as ?Ashley?s Treatment? a combined surgical procedure and estrogen treatment with a goal of preventing Ashley from experiencing the regular effects of puberty including physical growth, menstrual cycles and breast development in the hopes of ?enhancing her quality of life?In May 2004, Ashley?s parents presented Ashley?s Treatment to the Seattle Children?s Hospital ethics committee...
Stephen Harper v. The Liberal Party of Canada
Posted on March 13, 2008The Prime Minister has made good on his promise to sue the Liberal Party of Canada.Yesterday, he initiated a lawsuit against his political adversaries over their allegations that he knew of financial inducements allegedly offered by the Conservative Party in 2005 to Chuck Cadman, a deceased, former member of Canada's Parliament...
Chris Matthews: Softball With Barack Obama
Posted on March 12, 2008The king of hardball goes awfully soft on the Democratic front-runner.As in, not one single follow-up question.Go figure. The video is here. - Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCE
Ryerson University Holds Facebook "Cheating" Hearing
Posted on March 12, 2008In our post last Saturday, Facebook "Study Group" Leads to Ryerson "Cheating" Allegations, we reported on the case of Chris Avenir. Mr. Avenir is an 18 year-old student at Toronto's Ryerson University who faces possible expulsion over charges of cheating that arose from his role as administrator of a chemistry "study group" on Facebook...
Chris Matthews Plays Softball with Obama
Posted on March 12, 2008Chris Matthews, MSNBC's self proclaimed king of Hardball, went awfully soft on Democratic front-runner, Barack Obama, in a televised, live interview last night.Go figure. Perhaps there were ground-rules. Nonetheless, not a shining moment for Mr. Obama, in the aftermath of his Mississippi primary win...
Congratulations
Posted on March 11, 2008Congratulations to all the Candian law bloggers who made writer Gerry Blackwell's top ten list, published in this month's edition of Canadian Lawyer magazine.They are, as he puts it, "in no particular order:"Michael GeistLaw21 Law Firm Web StrategyeLegalSLAW The Bizop News Toronto Estate Law Blog Law is CoolLibrary Boy Rule of Law I regularly read many of these blogs, and they are indeed, fine selections...
On Eliot Spitzer, Briefly
Posted on March 11, 2008While much of the U.S. media and various American law bloggers virtually fall over themselves to stretch for creative angles as to the various state and federal laws New York Governor Elliot Spitzer could be overcharged under as a consequence of his various liaisons with professional escorts, I have only one question: Did he use any public money when he dunnit?If not, this isn't much of a story at all...
Are Facebook "Background Checks" by Prospective Employers Legal?
Posted on March 11, 2008Carole Elefant at Legal Blog Watch discusses the legality of the increasing use by prospective employers of Facebook "background checks" in their employee recruitment: ...[F]or those employers who can't resist peeking at social networking sites, Jennifer M...
Tasered Utah Man Wins $40,000 Settlement
Posted on March 11, 2008Mike Nizza of The Lede reports that Jared Massey, a Utah man whose roadside tasering went viral on You Tube, has settled his damages suit with the Utah Highway Patrol for $40,000.00.A taser was fired twice at Mr. Massey by a highway patrol officer after the Utah driver refused to sign a speeding ticket...
Gilligan's Mary Ann... Busted!
Posted on March 11, 2008Last year, it was those scandalous stories about Marcia and Jan.Now, CNN reports that Mary Ann has been busted. Where will it end?If only James Curran knew...(By the way, is it impolite to note that "Mary Ann" is now 69 years old?)- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www...
Fired or Resigned or Not Too Sure at All
Posted on March 10, 2008Supreme Court of Canada Declines to Weigh In On Parties' Duties in the "Employment Status Grey-Zone" When the Supreme Court of Canada dismissed his late client's application for leave to appeal last month in Britton v. Partners Graphic Support Service & Supply, employment lawyer Andrew J...
It Really IS Snowy Out There...
Posted on March 09, 2008I understand that those of you who live in the Arctic (and less-civilized places, such as Montreal) think it's funny...But, boy, there sure is a lot of snow out there...- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCE
Animated Political Commentary
Posted on March 09, 2008It is always refreshing to discover a blog that is trying something different.So check out LeDaro, a clever Canadian blog that features original, animated political satire using creative photo compositions that do all the author's talking.The example above is LeDaro's John McCain has a running mate...
License to Lie
Posted on March 09, 2008Adulterous Italian women may now lie about their secret affairs without the fear of being guilty of perjury.BBC News reports that Italy's highest appeal court has ruled that married Italian women who commit adultery are entitled to lie about it to protect their honour...
Karlheinz Schreiber's Ninth Life Begins
Posted on March 09, 2008While the Supreme Court of Canada declined last week to hear Karlheinz Schreiber's appeal against extradition to Germany, Mr. Schreiber will nonethless be permitted to temporarily remain in Canada .Minister of Justice Rob Nicholson issued the following statement last week: Statement by Minister Nicholson Following the Supreme Court of Canada's Decision Regarding Mr...
Lesson 1: How to Not Win an Argument
Posted on March 09, 2008- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCE
Escape Fantasies For Lawyers and Other Snowed-In Canadians
Posted on March 09, 2008Meet retired Toronto lawyer, Alvin Starkman, now operating a lovely B & B in Oaxaca, Mexico. He was profiled last week in a story by L.A.'s Jewish Journal: If you're heading down Mexico way, all the way down to Oaxaca, you should know about a bed and breakfast there called Casa Machaya...
The Democratic Presidential Nomination: Spinning The Rules
Posted on March 09, 2008At times, Barack Obama sure looks like one skilled politician, particularly when it comes to working the media. Skilled, for a Democrat, anyways. I mention the Party in this context simply because Mr. Obama must have borrowed heavily from the Karl Rove playbook in developing and executing a communications strategy that, more often than not, has yielded a national media ready and willing to report the candidate's pure spin as hard fact...
Daydream on a A Snowy Saturday...
Posted on March 08, 2008Remember to change your clocks tonight - spring is near...- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCE
Child Obesity and Child Custody
Posted on March 08, 2008According to Public Health Agency of Canada, obesity rates among children and youth have nearly tripled during the last 25 years. There has been an alarming rise in the proportion of children at an unhealthy weight. According to the agency, it is an issue that affects children across the country and across diverse populations...
Solidarity with Pakistani Lawyers: Black Flag Week, March 9 -15, 2008
Posted on March 08, 2008From an email received Friday: We are asking you to support and promote international solidarity for Black Flag Week, March 9 ?15, in Pakistan. Aitzaz Ahsan, the President of the Supreme Court Bar has called for using black flags at all rallies and meetings, and the lawyers in Pakistan will be distributing black headscarves and armbands...
Facebook "Study Group" Leads to Ryerson "Cheating" Allegations
Posted on March 08, 2008Yet another local Facebook controversy is attracting international attention.Chris Avenir, an 18 year-old student at Toronto's Ryerson University faces possible expulsion for academic misconduct over his role as administrator of a chemistry "study group" on Facebook...
Britain Abolishes Blasphemy Laws
Posted on March 08, 2008On Wednesday March 5, 2008, Britain's House of Lords formally abolished the United Kingdom's ancient common law against blasphemy.Highlights from Hansard of the Lords' debate include this distinguished, and oh-so-very-British speech from one Baroness Miller of Chilthorne Domer in support of abolition:I also remind noble Lords that this is the fifth time that this House has considered this issue...
Bits 'N Briefs
Posted on March 08, 2008It was a busy news week, much of which I spent sneezing, sniffling and snoozing. Here, then, are some of the highlights of stories I didn't get to:Former Supreme Court of Canada Justice, Louise Arbour, will be stepping down from her role as United Nations Human Rights High Commissioner on June 30, at the end of her current four-year term at the head of the international human rights agency...
More Snow In Toronto
Posted on March 07, 2008With another foot of snow (that's a lot of centimetres) possibly in store for our fair town this weekend, Red Tory nails it with this video:- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCE
California Same Sex Marriage Hearing
Posted on March 05, 2008MSNBC reports:The U.S. gay marriage debate shifted to California on Tuesday, as the state's highest court heard more than 3 1/2 hours of arguments on the constitutionality of a voter-approved law banning same-sex marriage.Watch video of the proceeding from CalChannel: - Garry J...
Hillary Clinton's Ohio Victory Speech
Posted on March 05, 2008A big night for Hillary Clinton with victories in Ohio, Rhode Island, and apparently Texas (which NBC has just called for Mrs. Clinton at 12:45 a.m.). Here's some of Mrs. Clinton's Ohio victory lap:- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www...
Question Period: Dion and Harper on Cadscam
Posted on March 04, 2008Yesterday's Question Period in the House of Commons included a raucus debate on the Chuck Cadman affair and the Prime Minister's threats to sue Stephane Dion and other prominent Liberals for libel:The Prime Minister's threat of libel action stems from allegations byMr...
Joseph Wilson on Barack Obama
Posted on March 04, 2008Summing up at the conclusion of a detailed critique of Mr. Obama, former Ambassador Joseph Wilson pulls no punches in Obama's Hollow "Judgment" and Empty Record, a March 2, 2008 article in Huffington Post: Obama's gyrations on Iraq, Afghanistan and Iran are not the actions of one imbued with superior intuitive judgment, but rather the machinations of a political opportunist looking to avoid having his fingerprints on any issue that might be controversial, and require real judgment, while preserving his freedom to bludgeon his adversary for actually taking positions as elected office demands...
British Teenager Wins Discrimination Award: Fired for Being Too Young
Posted on March 04, 2008As mandatory retirement laws in the West fall by the wayside, will the practice of age-discrimination against the very young be next on the chopping block? A U.K. employment tribunal's decision lends credence to suggestion that it may well be.Times Online reports today:A 19-year-old woman who claimed that she was sacked for being too young has been awarded more than £16,000 in compensation after winning a ground-breaking case against her former employer...
B.C. Court of Appeal: No Fundamental Right to Civil Legal Aid
Posted on March 04, 2008The British Columbian Court of Appeal expressly ruled yesterday that Canadians have no fundmental right to government-funded legal aid assistance in civil matters.Madame Justice Mary Saunders delivered the Court's Reasons for Judgment: which upheld the September 2006 dismissal of a B...
Common Law Spouse Challenges Quebec Civil Code
Posted on March 03, 2008In accordance with the Quebec Civil Code, common law spouses separating in Quebec have few entitlements in comparison to the same group in other Provinces.At 35 percent, the Province of Quebec boasts the highest percentage of common law spouses in the Country, which is why the constitutional challenge of one Quebec resident may have a serious legal impact in the Province...
Virgina Supreme Court Upholds Country's First Spamming Conviction
Posted on March 03, 2008Jeremy Jaynes earned the title of one of the ?world's top 10 spammers in 2003? by sending out up to 10 million spam emails a day according to authorities. Charged under the States? anti-spamming legislation , Jaynes was sentenced to 9 years in prison - the first anti-spamming felony conviction in the United States...
Guard to Louisiana Shopper: Remove Headscarf or Leave Mall
Posted on March 03, 2008Foxbusiness.com reports the following unfortunate story:The Council on American-Islamic Relations (CAIR) today called on local, state and national law enforcement authorities to investigate a recent incident in which a Muslim woman was allegedly ejected from a Louisiana shopping mall for refusing a security guard's demand to remove her religiously-mandated headscarf, or hijab...
SPCA "Destroys" 1200 Roosters in Accordance with Canadian Law
Posted on March 03, 2008An odd provision in the Canadian Criminal Code may cause more harm to animals than good. When 2 cockfighting rings were discovered on 2 different farms in the Surrey, British Columbia area, the SPCA, who seized the roosters, were forced to destroy the more than 1, 200 birds in accordance with section 447 (2) of the Canada Criminal Code which reads:(2) A peace officer who finds cocks in a cockpit or on premises where a cockpit is located shall seize them and take them before a justice who shall order them to be destroyed...
Will Cadman 'Bribe' Scandal Undo Harper Government?
Posted on March 03, 2008Stage 1:The naming of a scandal...Cadscam. - Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCE
Jeff Healy, March 25, 1966 ? March 2, 2008
Posted on March 03, 2008Canadian guitar icon Jeff Healy died Sunday, succumbing after a life-long battle with cancer. He was 41.His website issued the following statement:Jeff Healey, arguably one of the most distinctive guitar players of our time, died today (Sunday March 2) in St...
Conrad Black: "My Faith In The United States Has Inspired Me To Persevere"
Posted on March 03, 2008As he prepares to report to a Florida prison today to begin serving a 6½-year sentence, all avenues of appeal exhausted for the moment, Conrad Black delivers an unrepentant op-ed in today's New York Sun: It is a terrible thing to be falsely accused, and wrongly convicted, even of a fraction of the original charges, and unjustly incarcerated...
Quote of the Week
Posted on March 02, 2008New Democratic Member of Parliament, Pat Martin, Vice-Chair of theParliamentary Ethics Committee, on former Prime Minister Brian Mulroney: I think his unwillingness to attend speaks volumes. The only conclusion that Canadians can draw is that he has something to hide and he doesn't want anybody digging any deeper...
Jack Nicholson: Who Do You Trust?
Posted on March 01, 2008Jack and Hill:- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCE
Clinton 2.1
Posted on February 29, 2008It certainly looks like Barack Obama's momentum is going to be tough to stop. Nonetheless, I am hardening in my desire to see Hillary Clinton pulls it off. There has been quite a bit of discussion about the Obama magic - perhaps, far too much - but a paucity of genuine analysis as to why Hillary has left so much of her support behind...
Human Rights Commissions: A Reader Wants To Know
Posted on February 29, 2008Frequent commenter Allan was apparently perturbed that I devoted space to last weekend's Mats Sundin trade deadline saga:"Mats Sundin to Stay a Leaf" yeah a really important topic.You have been strangely silent about your darling friends on the kangaroo courts...
Ombudsman Slams Legal Aid Ontario, Province Sues Convicted Cop
Posted on February 27, 2008According to media reports, the Ontario Government is suing convicted former Toronto Police officer, Richard Wills, to recover $1.2 M of public money spent on his "preposterous" defence of first degree murder charges arising from the death of his long-time lover, Linda Mariani...
As the Press Turns...
Posted on February 27, 2008"Barack-lash" (?) - America starts to sober up from a heavy dose of Obamamania. - Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCE
Trial Lawyers' Association President: Ontario Motor Vehicle Insurance Law Unconstitutional
Posted on February 26, 2008Richard Halpern, President of the Ontario Trial Lawyers? Association says the ?verbal threshold? provisions of section 267.5(5) of Ontario's Insurance Act contravene Canada's Charter of Rights and Freedoms. Under the legislation, damages awards in personal injury claims arising from motor vehicle accidents are subject to a deductible of $30,000...
Honda vs. Keays - Why It Matters
Posted on February 26, 2008Rare is the employment law case that can capture the continuing attention of both the legal profession and the public. Honda and Keays, however, is one such case. For nearly three years, it has had Canada's employment law bar buzzing, the nation's mainstream media watching and much of the public taking notice...
Mats Sundin To Stay a Leaf
Posted on February 25, 2008As CBC reports, Leafs' Sundin won't waive no-trade clause. What can I say?I guess he likes us... he really likes us. - Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCE
Oscar Night
Posted on February 25, 2008- Garry J. Wise, Toronto Visit our Toronto Law Firm website: www.wiselaw.net EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCE
Videoconferencing - The Next Generation
Posted on February 22, 2008It's not every day that Law.com cites the Jetsons as an authority to make a point.It does just that in Teleconferencing Gets Ready for Prime Time, an article published February 22 that heralds the arrival of high-definition videoconferencing as a legal technology solution: Ever since cartoon character Jane Jetson chatted away on her videophone in 1962, teleconferencing has been on the wish list of just about everybody...
County to Appeal New York Ruling that Recognized Canadian Same-Sex Marriage
Posted on February 22, 2008Last weekend, we wrote about Martinez v. Monroe, a landmark decision of a New York State appellate court in Rochester that recognized a Canadian same-sex marriage as legally valid in the state.Pursuant to the decision, Monroe Community College was required to provide spousal benefits to the same-sex spouse of one of its employees...
Mats Sundin's Moment of Truth
Posted on February 22, 2008As even casual watchers of the NHL's pending trade deadline know, we are probably approaching Maple Leaf captain Mats Sundin's final weekend in Toronto.At least one writer indicates a deal is already done - a deal, at least, that is subject to Mr. Sundin's approval...
Cellucci to Canada: "Beware Democrats"
Posted on February 22, 2008John McCain operative Paul Cellucci, former US Ambassador to Canada, issued a dire warning to Canadians, according to a Toronto Star article today:OTTAWA?A former American ambassador is warning that Canadians' preference for Democratic presidential candidates flies in the face of the problems that their trade policies would present for Canada...
KFC - Kentucky's Official Picnic Food?
Posted on February 22, 2008From Lowering the Bar: Bill Would Make KFC the "Official Picnic Food of Kentucky:" NOW, THEREFORE,Be it enacted by the General Assembly of the Commonwealth of Kentucky:SECTION 1. A NEW SECTION OF KRS CHAPTER 2 IS CREATED TO READ AS FOLLOWS:Original Recipe Kentucky Fried Chicken is designated the official picnic food of Kentucky...
On "Friending" Your Boss and other Facebook Dilemmas in the Workplace
Posted on February 19, 2008Associated Press writer Melissa Rayworth had a particularly coherent article Sunday on Facebook and the workplace, Should you 'friend' your boss on Facebook? Navigating the workplace perils. Online social networking, originally the playground of pre-workforce Americans, is now commonplace in offices across the country...
Canadian Family Law in 2007 - Year-End Reviews Online
Posted on February 19, 2008Ontario's first Family Day must have been Family Law Day for DivorceMate's Mark Harris. The company's newsletter, released yesterday, provides links to two important articles of interest to family law lawyers and the Canadian public. See: The Spousal Support Advisory Guidelines Three Years Later, a review of the Guidelines and their increasing influence in Canada's family law courts...
Supreme Court of Canada: Jerusalem, Israel Not to Appear as Birthplace on Candian Pasport
Posted on February 18, 2008When Mr. Eliyahu Veffer was advised that the Canadian Minister of Foreign Affairs refused to reflect the birthplace on his Canadian passport as ?Jerusalem, Israel?, he commenced an Application for Judicial Review claiming the refusal violated his rights as guaranteed by the Canadian Charter of Rights and Freedoms...
Golubchuk Update: Manitoba Life-Support Case to Proceed to Trial
Posted on February 18, 2008Garry has previously written on the Samuael Golubchuk case, now pending in Manitoba, in which two Orthodox Jewish children have requested that a Winnipeg Court prevent a hospital from removing life support and thus ending their father's life.After granting a temporary injunction on December 11, 2007, Justice Perry Schulman of the Manitoba Court of Queen's Bench ruled last week that the hospital treating Mr...
Bits 'N Briefs
Posted on February 17, 2008Time 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...