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ABlawggers’ Favourite Law Blogs

Ask three ABlawggers for their favourite Canadian law blogs, and you end up with more than three different answers. It appears our bloggers cannot confine themselves to a single favourite, and so we have restricted ourselves here to academic / law professor blogs.Jonnette Watson Hamilton, ABlawg’s most prolific blogger, writes: “Osgoode Hall’s The Court — which was 2007’s “most important new Canadian law blog” — continues to provide timely, thoughtful and in-depth analysis of Supreme Court of Canada decisions. One of the reasons for the outstanding nature of the contribution this blog makes to legal scholarship is the number of law students, practicing lawyers and law professors from all across Canada who are among its contributors. Regardless of the area of law, The Court has someone who can comment on new cases with expertise. The Court states that it “aims to become the premier online location for information about Canada’s highest court” and I think it has achieved this aim.”

Jennifer Koshan, Coordinator of ABlawg, agrees with this assessment, and adds that: “The Court provides valuable context for Supreme Court cases and other national legal developments that enriches my teaching of constitutional law.” Koshan’s favourite thread on The Court this year dealt with the role of Chief Justice McLachlin in Henry Morgentaler’s Order of Canada award. These posts (and the resulting commentary) provided rich fodder for the topic of judicial independence in constitutional law.

It is no surprise that Greg Hagen, our faculty’s IP specialist and technical advisor for ABlawg, chooses the following law blogs as his tie for favourite: “I visit Michael Geist’s blog almost every day. Geist’s blog is a current and comprehensive source on internet and copyright news. His brief commentaries usefully put the news into a broader perspective. His site contains links to other tech law blogs and often links to primary materials which are useful for research purposes. Howard Knopf’s Excess Copyright blog contains perceptive, passionate and often humorous commentary on selected Canadian and international copyright news. Although Knopf practices copyright law, he keeps in touch with academic writings and posts his own academic contributions.”

Last but not least, Koshan nominates the University of Alberta Faculty of Law’s blog for the following reasons: “I love U of A bloggers’ irreverence and wide ranging subject matter – where else can you find movie reviews, obituaries, live blogs, and case and political commentary all in the same week? I also admire the number and range of comments posted in response to U of A bloggers’ posts, which show a high level of reader engagement. In fact, I often read the U of A blog to find comments on ABlawg posts. It works like this – one of us will write a post on ABlawg, Russ Brown will comment on it on the U of A’s blog, and then readers respond to his post, indirectly commenting on ours. Russ and Moin Yahya also provided helpful advice when we were setting up ABlawg in 2008. Calgary / Edmonton rivalry may be alive and well in hockey, but not in the blawgosphere.”

What happens to our “day in court” when someone else drops the ball?

Cases considered: Kellogg Brown and Root Canada v. Alberta (Information and Privacy Commissioner), 2008 ABCA 384, affirming Kellogg Brown and Root Canada v. Alberta (Information and Privacy Commissioner), 2007 ABQB 499.

PDF Version: What happens to our “day in court” when someone else drops the ball?

This is a privacy case involving Kellogg Brown and Root’s (“KBR”) drug testing policy. (For earlier posts involving a human rights complaint against this company’s drug testing policy, in which the S.C.C. denied leave to appeal; see: https://ablawg.ca/wp-content/uploads/2008/02/lmp_chiasson_jan2008.pdf and https://ablawg.ca/wp-content/uploads/2008/03/dc_chiasson_march10.pdf). The case is relatively straightforward, but it does raise an interesting access to justice issue: What happens when the privacy commissioner fails to complete an inquiry on a complaint within the legislated time limit?

An exemplar of reasoning from precedent in a real property law context

Cases considered: Kolias v. Owners: Condomimium Plan 309 CDC, 2008 ABCA 379.

PFD Version:  An exemplar of reasoning from precedent in a real property law context

This reserved judgment written by Mr. Justice Jean Côté of the Alberta Court of Appeal is strong on justifications for the decision reached and an excellent example of stare decisis and the doctrine of precedent at work. It reverses a decision of the Court of Queen’s Bench and discharges a restrictive covenant on the basis that the dominant tenement was not easily ascertainable in the deed creating the restrictive covenant, as required by the Supreme Court of Canada in Galbraith v. Madawaska Club, [1961] S.C.R. 639, 29 D.L.R. (2d) 153. The decision is also a good example of the priority given to certainty and predictability in property law.

Investors should be cautious about investing in viatical settlements

Cases considered: Stack v. Hildebrand, 2008 ABQB 668.

PDF Version: Investors should be cautious about investing in viatical settlements

As a result of the credit crunch, investors have become wary of risky investments. In its 2006 study, the BC Law Institute noted that, like many asset-backed instruments, viatical investments (or viaticals) are very risky investments. A typical viatical settlement occurs when an insured person sells his or her entitlement to receive a life insurance policy’s death benefit to a financial company who later sells a fractionalized portion of the entitlement to an investor. The financial company typically pays the premiums of the insurance policy. The primary risk is that the insured person will exceed his or her life expectancy. Another risk is that the financial company does not pay the premiums. Stack v. Hildebrand, 2008 ABQB 668 is a reminder that investors need to be cautious when considering investments in viaticals.

The End (Beginning?) of a Long Journey: Disability and Air Travel

Cases considered: McKay-Panos v. Air Canada, Decision No. 519-AT-A-2008 (Canadian Transportation Agency)

PDF Version: The End (Beginning?) of a Long Journey: Disability and Air Travel

Sometimes it takes a very long time (eleven years) to receive a legal remedy, but my case illustrates tenacity can be beneficial. The situation in which I found myself, although very personal, resulted in setting a legal precedent and hopefully in helping to protect the dignity and humanity of many disabled air travelers.

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