International Law

Blackberry Etiquette For Lawyers

Posted on May 26, 2009
In 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, 2009
According 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, 2009
The 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, 2009
We 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)...

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Parental Authority in Quebec

Posted on May 23, 2009
On 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, 2009
Ontario 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, 2009
CBC 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, 2009
Legally 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, 2009
Transferring 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, 2009
Oliphant 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, 2009
Globe 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, 2009
Bill 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, 2009
Times 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, 2009
According 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, 2009
Here 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, 2009
Space 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, 2009
Brian 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, 2009
Jesse (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, 2009
Eric 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, 2009
Sports 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, 2009
Via 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, 2009
From 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, 2009
Jack 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, 2009
From 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, 2009
The 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, 2009
From 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, 2009
Michael 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, 2009
Ken 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, 2009
The 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, 2009
The 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...

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