45 search results for "court of appeal toronto"

Israeli soccer club libel lawsuit to be heard in Ontario

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Lawyers Weekly says that a split decision of the Ontario Court of Appeal means an Internet libel case involving Mitchell Goldhar, the founder of SmartCentres, will be tried in Canada, even though the allegedly defamatory article was published by an Israeli newspaper and concerned an Israeli soccer team owned by Mr. Goldhar. The decision in Goldhar v. Haaretz.com 2016 ONCA 515, upholds a March 2015 motion by Ontario Superior Court Justice Mario D. Faieta that opened the way for the case to be tried in Ontario. An article published by the Israeli newspaper Haaretz in November 2011 criticized the management practices of Mr. Goldhar, who bought one of Israel’s most popular soccer clubs, Maccabi Tel Aviv F.C., in 2010.

TEAM CULTURE VS SMARTCENTRES

Lawyer’s Weekly says that SmartCentres was instrumental in bringing Wal-Mart stores to Canada. The company was sold for $1.16 billion earlier this year to Calloway REIT, a real estate investment trust now known as SmartREIT. Canadian Business magazine estimated Goldhar’s net worth for 2016 at $2.37 billion. The article is said to have criticized the management style at the Maccabi Tel Aviv club and compared to culture at SmartCentres. The court found that many of the 200 people in Goldhar’s Toronto office heard about the article and that 200 to 300 people in Canada read it online. The newspaper’s print circulation in Israel is 70,000.

When if ever will holiday closings face the Charter test?

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The Ontario Court of Justice recently rendered a decision which provided an opportunity for grocery stores in Toronto to remain open on statutory holidays. As a result, a Longo’s store downtown was open on Labour Day and so was Summerhill Market  Summerhill is often open but it usually tapes off large parts of the store to conform with arcane provisions of municipal law.

PREPARED MEALS

Essentially, the court found that Longo’s was selling “prepared meals” under the City of Toronto legislation by which holiday shopping is controlled. Council is making noises that it will somehow plug this loophole  It says the prepared meals language was intended for restaurants. It’s an interesting skirmish in the timeless question of why some businesses are open and others must close. The Eaton Centre is always open. It benefits from what most people recognize as a thoroughly bogus definition of the place as a tourist zone.

CRAZY-QUILT RULES

The ongoing question is when if ever will this crazy quilt of legislation be tested by the Supreme Court of Canada (SCOC). Although some Councillors are grumbling, there is a lot of opinion that the City doesn’t dare lay a charge against a large firm with lots of money. If the complainant decided to appeal to the SCOC, there is opinion that dozens of regulations would be found unconstitutional.

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D-word leaves many straight people uneasy

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Dykes on bikes. Dykes wearing spikes. Dykes with tykes — Toronto Star, June 30, 2013

It is, of course, none of any straight person’s business. But we must believe that well-meaning individuals of same sex preference will recognize that the celebration of the word Dyke makes many people quite uneasy.  “It’s as if the NAACP decided to insert the N-word into its title,” one woman has said.  “I just wish they didn’t have to use it.”  Sure, it’s only a word. And words can mean anything. Language changes. Especially English. For nearly a century however the word Dyke has been the most loathsome epithet that can be thrown at a woman of same sex preference. It is little wonder that attempts at its rehabilitation have left conscientious and well-meaning persons feeling as if they are acclimatizing to space. The most potent thrust toward the adoption of the word Dyke came from the motorcycle group Dykes on Bikes when it tried to apply for a trademark on the name.  The U.S. Trademark Office denied the application on the grounds that Dyke  was an offensive word.  In 2005, according to a Wikipedia posting, a prolonged court battle involving testimony on the word’s changing role in the Lesbian community, the Trademark Trial and Appeal Board permitted the group to register its name. The word continues to be used as a slur, notwithstanding its elevation to polite usage by some.  It seems likely that Dyke will  lead a double life for some time, used with both meanings by members of the community to which it refers and by society in general.  In the meantime, many will  find it hard to think of Toronto’s numerous dignified and accomplished same-sex women as Dykes. 

Ruby says he will try to take Mayor Ford to SCOC

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Toronto lawyer Clay Ruby says he will seek leave to appeal today’s decision restoring Mayor to office to the Supreme Court of Canada.  Seeking leave to appeal means that Mr. Ruby. and his client Paul Magder, will  have to persuade the Supreme Court that this case is of sufficient importance and interest, having not just a local impact but implications for broader law, that they should be granted the opportunity to appeal it. They have no automatic right of appeal.

Olivia Chow, Rob Ford and Jose Canseco

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Toronto MP Olivia Chow is dealing with a facial spasm near her mouth caused by a disorder known as  Ramsay Hunt Syndrome Type II. It is a nerve condition which has partially impeded her ability to smile and make some facial expressions. Ms. Chow, the NDP transport critic, said she was diagnosed with the syndrome after waking up with some discomfort on the left side of her face over the holidays.  The virus causing the disorder has been taken out of her system completely, she said, adding she is no longer taking medication and is not in any pain. In other news, Mayor Ford will hear Monday whether his appeal to stay in office has been granted. Mr. Ford’s lawyer Alan Lenczner will try to persuade a panel of three Divisional Court judges to overturn the ruling that he must vacate his office. That decision stunned many people and was judged by some to be excessive. And finally, out of nowhere comes a whimsical  offer by former Blue Jay Jose Canseco to serve as our chief magistrate. There is a wrinkle. Mr. Canseco seems to understand. In an email to the Toronto Star the 48-year-old said it is unlikely he will be able to solve the obstacle of his citizenship, which is American, not Canadian. 

Life, liberty and the pursuit of bananas

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A judge will decide tomorrow on whether Yasmin Nakhuda can have the monkey back. The real estate broker was in court today arguing she should have the little creature returned to her. It’s not legal to have a monkey in Toronto, nor in many other places in Canada. Outside court, her relatives carried  signs saying “Free Darwin Now!” Darwin seems headed to become a celebrity incarcerated deserving public elevation to a  persona like the “Ikea One” or some similar appeal to concepts of injustice.

Illustrator Dewar sees City Hall as it really is

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Sue Dewar in the Toronto Sun has produced a illustration that will speak to a lot of taxpayers. Take look at the link here at her vision of City Hall being carted away by a salvage helicopter to the City Dump. Perfect. Cartoon of the Year It accompanies a story by Mike Stroebel  suggesting that the whole of council gets  14 days to clean out desks and not come back for two years. Seriously, he says, who needs this?  Meanwhile, the legal team representing Mayor Rob Ford has filed written arguments with the divisional court, asking for a stay order which would keep him in the city’s top job, pending the appeal of his conflict of interest ruling.

“I sincerely apologize,” says Mayor Ford

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Mayor Ford was subdued and contrite as he appeared before reporters today to apologize for the events which  have led to his removal from office. Mr. Ford acknowledged he could have done things differently in the matter that caused an Ontario judge to order him to give up the Toronto mayoralty. “Looking back, maybe I could have expressed myself in a different way. To everyone who believes I should have done this differently, I sincerely apologize,”  Ford read from a prepared statement which contained many passages that had the sound of careful legal advice. Mr. Ford said his decision to appeal was not a criticism of the court.  In an attempt to explain himself, the Mayor said:  “I was focused on raising money to help underprivileged youth. I never believed there was a conflict of interest because I had nothing to gain and the city had nothing to lose. But I respect the court’s decision,” said Ford, who sounded hoarse. The mayor was in much feistier form a day earlier, when he attributed the court decision to “left-wing politics.” “The left wing wants me out of here and they’ll do anything in their power to,” he said at the time. His comments Tuesday came hours after city solicitor Anna Kinastowski said it is the opinion of the City of Toronto’s legal team that Ford would not be able to run for mayor until 2014. 

Fast-track lanes soon for citizens at Pearson

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Fast-track for EU 

Most civilized places (and probably some uncivilized) have arrival lanes at their airports dedicated to those carrying the national passport. Toronto however has always been a place of equal-opportunity delays. Arrive from New York on Air Canada and queue up behind an Airbus-load of folks from half a world away.  Maybe that’s the Canadian way. Fairness and all that. But now it seems, Ottawa’s mania with levelling out everything  has softened. Within a month of two there will be a lane especially for Canadians and permanent residents installed at Pearson Airport.  Will there be a human rights complaint about this?  Quite possibly.  Will it proceed on a Charter appeal to the Supreme Court?  Well, this is Canada.