Friday Blawg Roundup

Some stories that have recently caught our collective eye:

Costs in a Hague Application

• A 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 judge rejected the mother's argument that it would be inappropriate to award costs against her because she had initially been self-represented and believed that she had the right to relocate the child. The judge was also not convinced by the mother’s submission that she did not have the financial means to pay for costs. After all, noted the judge, she was able to retain Borden Ladner Gervais, and her legal fees to that firm totalled approximately $31,000.00.

Elderly Man Loses Right to Manage His Own Money

• A 77-year-old Australian man stripped of his right to manage his money after making hundreds of calls to sex-chat lines has failed in his bid to the Supreme Court to regain control over his affairs. A blog by Bianca La Neve refers to a news item out of Queensland where the man was quoted as saying, "I just want to have my own life back again. You know I can't write out my own will. I can't even write out a cheque."

Divorce Dance Follows on the Heels of Wedding Dance

• Dancing in court to celebrate a divorce? Mitch Kowalski's LegalPost blog flags the divorce dance video which appears to be a response to the much-viewed wedding dance video. "It was only a matter of time," Kowalski notes.

Cost Awards - Not What They Used to Be

• A caution to anyone involved in estate litigation – costs (even to the victor) are not guaranteed, according to a blog posted July 8, 2009 by Hull & Hull LLP, citing the recent case of Teffer v. Schaefers.

Appealing an Arbitration Award

• “The husband should not be able to profit by his violence,” ruled an Ontario judge in Martek v. Martek, upholding an Arbitrator’s decision to divide the proceeds of a home equally. Andrew Feldstein’s blog notes that wife was essentially kicked out of the home as a result of the husband’s violent tendencies.

Prof. Mohammad Fadel on Family Pluralism

• This University of Toronto blog presents an argument as to why a liberal system of family law must recognize some autonomy within the family, and therefore cannot categorically reject religion-based family law arbitrations.

Is a Bison Squeeze Real or Personal Property?

• These restraining devices, which are used to safeguard bison when they are being handled, are categorized as personal property, according to the Alberta Court in Olson v. Angermeier, 2009 ABQB 356. The decision is criticized on University of Calgary law blog.

A good weekend to you all.

- Bill Rogers, Student-at-Law, Toronto

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The Late, Great Les Paul

Via Crooks and Liars

- Garry J. Wise, Toronto

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Quote of the Day

Patrick 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.

Why is the entire health care debate down south about noisy protesters and silly Nazi analogies, rather than the millions of uninsured Americans who still cannot access medical care until it is too late?

- Garry J. Wise, Toronto

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Bill Clinton Returning to Speak at Toronto Stadium

Former 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. The CNE is planning to sell about 25,000 tickets to the event, and might add more if there's enough demand.

BMO Field holds 20,000 people in the stands and additional seating would be added on the field for this event.

Tickets will be sold through Ticketmaster.

Some readers will recall that I attended at Mr. Clinton's last, public Toronto appearance on May 29, where he spoke jointly with former President George W. Bush.

See Clinton and Bush: The "Don't Ask, Don't Tell" Summit in Toronto for my extensive comments on that event.

(h/t Rachel)

- Garry J. Wise, Toronto

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Learning the "Power of the Internet" (the Hard Way II)

This 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. Wise, Toronto

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Learning the 'Power of The Internet' (The Hard Way)

CBC 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.

"Because anyone that puts anything on the internet, you're exposing yourselves and you can get yourself into trouble like we did," Fraser said. "It's embarrassing, what I did, and I'm very ashamed of the way I acted."

When asked by a reporter whether he thought the matter had been blown out of proportion, Fraser responded, "Absolutely."

- Garry J. Wise, Toronto

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Meghan McCain on Her "Feud" With Michelle Malkin

Twitter '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. Malkin has the No. 1 book on The New York Times bestseller hardcover nonfiction list, but I have nearly twice as many Twitter followers as she does. And trust me, Twitter is more of an indication of where young people are than books published by the hyper-conservative publisher Regnery—which will be bringing you Carrie Prejean’s new book and published one of Ann Coulter’s.

- Garry J. Wise, Toronto

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Canadian Woman Detained in Kenya Coming Home

We have a quick update to 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.

UPDATE: August 15, 2009

Home, sweet home: Woman home from Kenya says 'nightmare' over

- Rachel Spence, Legal Assistant, Toronto

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Duck-shooting Video Prompts Arrests

The 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.

Read the full story here.

You can view the video by clicking here (CONTENT IS GRAPHIC)

- Shashi K. Raina, Toronto

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The Twitter Theme Song (by John Denver)

Follow me where I go, what I do and who I know
Make it part of you to be a part of me
Follow me up and down, all the way and all around
Take my hand and say youll follow me

Glad to see Twitter is apparently back after a rough Thursday.

- Garry J. Wise, Toronto

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Rachel's Bits and Briefs

A 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.S.

The Toronto Star reports that “Buy American” provisions, mandated by President Obama’s stimulus package, are currently being applied by American local and state governments and prevent Canadian companies from bidding on stimulus-funded projects:

Harper is to meet with Obama on Sunday in Mexico, and with the premiers' endorsement in hand, he is expected to tell the president Canada is ready to move ahead in the effort to neutralize the Buy America problem. This will lay the groundwork, sources say, for International Trade Minister Stockwell Day to send a letter to U.S. Trade Representative Ronald Kirk next week indicating that Ottawa is ready to begin bilateral negotiations aimed at solving the issue.

Canadian Job Rates at Stand Still

Statistics Canada recently reported that there has been little change in Canada's employment levels, noted to have declined by 45,000 jobs in July. This included losses in both full and part-time work.

According to the the report, youth employment and male employment are declining quickly, with self-employment apparently the preferred alternative to offset this trend.

Employment in July fell among young people aged 15 to 24 and women aged 25 to 54. Since the peak in October 2008, employment has dropped 414,000, predominantly among youths (-205,000) and men aged 25 to 54 (-201,000). While most of July's employment losses were in Quebec, there were also losses in Saskatchewan, as well as in Newfoundland and Labrador. Employment was little changed in all other provinces.The downward trend among private sector employees persisted in July, with large losses for this group partially offset by continued gains in self-employment.Employment in July fell in accommodation and food services and construction while there were increases in retail and wholesale trade.

Radiohead Tribute to Death of World War I Veteran

The New York Times reported yesterday that the well-known British alternative-rock band, Radiohead, will be releasing a new song as a tribute to Mr. Harry Patch, the last survivor of World War I living in the United Kingdom, who recently died at the age of 111.

Readers can listen to the song and read the lyrics here.

Please note that the song can be downloaded from the Radiohead website and all profits will be donated to the Royal British Legion.

- Rachel Spence, Legal Assistant, Toronto

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Dangerous Rhetoric

Limbaugh, again:

- Garry J. Wise, Toronto

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Worth Knowing

N.Y. Times:

Together, China and the United States account for about 40 percent of pollutants linked to climate change.

- Garry J. Wise, Toronto

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Tampa: Health Reform Town Hall Marred by Violence

Huffington 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.S. Rep. Kathy Castor was trying to discuss the various health care reform proposals being debated in Congress. One photojournalist said that a fistfight broke out inside the building, reports WTSP.

Many of the hundreds of protesters said that they had been inspired by a conservative activist group promoted by Fox News host Glenn Beck and some received emails from the county Republican party, according to the St. Petersburg Times...

...The Tampa Tribune reports that some protesters carried racist caricatures of President Obama and added details of more fights and scuffles...

CNN also covers the story: Town hall meeting on health care turns ugly

- Garry J. Wise, Toronto

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Balsillie Back in Coyote Hunt

Research 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.

If successful, Mr. Balsillie seeks to relocate the hockey club to Hamilton, Ontario.

Hockey Buzz' writer Steven Hindle argues Jim Balsillie Will Outbid Everybody For the Phoenix Coyotes:

Balsillie really will do everything and anything he can to make sure no one else gets the Coyotes. Now that he is legally allowed to bid, what is going to stop him?

He is by far the most hungry of all potential owners and he will have no problem increasing the amount he is already willing to pay, if he must.

The Board of Governors have sent Balsillie their seal of disapproval many times, yet this time around, Judge Baum has truly given Balsillie's 'Make it Seven' campaign some serious life.

The Globe and Mail's take - Smart lawyer is Balsillie’s ace in the hole:

It isn’t tough to find someone to malign Richard Rodier, chief counsel to Jim Balsillie in his quest to secure an NHL franchise for Hamilton.

He has been described as a “rogue” lawyer, has been blamed in some circles for Balsillie’s failure to make friends among the NHL’s governors, has rubbed people the wrong way, has been accused of leading the billionaire down a quixotic path that can’t possibly end in success.

Bankruptcy law is Rodier’s world. When it became clear that there was no direct route to NHL ownership for Balsillie – or at least NHL ownership in Hamilton – the entire strategy shifted to finding a club teetering on the brink, to find an owner who had lost faith, who needed to get out and get out fast.

- Garry J. Wise, Toronto

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Twitter, Facebook Attack Targeted Single User

Quite 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 blogger, who uses the account name "Cyxymu," (the name of a town in the Republic of Georgia) had accounts on all of the different sites that were attacked at the same time, Max Kelly, chief security officer at Facebook, told CNET News.

"It was a simultaneous attack across a number of properties targeting him to keep his voice from being heard," Kelly said. "We're actively investigating the source of the attacks and we hope to be able to find out the individuals involved in the back end and to take action against them if we can."

As Jordan Furlong has noted on Facebook, it is hardly reassuring to see the fragilities of our online infrastructure so nakedly exposed:

There's a happy thought -- Russian nationalists sticking it to a Georgian blogger can take down half the social networks worldwide.

- Garry J. Wise, Toronto

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Recently Tweeted - August 5 Edition

Here 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/WiseLaw780
• Ontario Judge nixes suit by winner's friend for lottery share:"During this trial,truth was only an occasional visitor"http://tiny.cc/WiseLaw396
• Ottawa mayor O'Brien acquitted in influence-peddling trial -http://tiny.cc/WiseLaw126
• Garth Drabinsky sentenced to 7 years prison in Livent fraud His former partner, Myron Gottlieb, gets 6-year term.http://tiny.cc/WiseLaw192
• Sunrise Propane charged over 2008 Toronto blast -http://tiny.cc/WiseLaw454
• Facebook Is Now the Fourth Largest Site In The World, trailing Google, Microsoft and Yahoo (Washington Post) -http://tiny.cc/WiseLaw286
• Judge Strikes Down La. Restrictions on Lawyer Internet Ads (ABA Journal) - http://tiny.cc/WiseLaw120
• N.Y. Divorce Ruling: Judge Reduces Partner Interest in Law Firm Sought by Wife (Law.com) - http://tiny.cc/WiseLaw215
• How many of your Twitter followers are fake? Find out:http://fakefollowers.com/
• With Bill Gates Jr. Looking On, Gates Sr. Accepts ABA’s Highest Honor - http://tiny.cc/WiseLaw545
• The Kindle Ate His "1984" Homework, Seattle Student Sues -http://tiny.cc/WiseLaw307
• Schreiber in German jail - http://tiny.cc/WiseLaw999
• Former Ontario Superior Court Judge, Hugh Locke, blasts 'tragic' neglect of Ontario legal aid - http://tiny.cc/WiseLaw547
• Archbishop slams Facebook: Need a friend? Try a pub -http://tiny.cc/WiseLaw498
• Toronto: Finally, it's garbage day - http://tiny.cc/WiseLaw435

As always, we invite you to follow Wise Law on Twitter.

- Garry J. Wise, Toronto

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Ontario Drivers' Cell Phone Ban Likely in Effect in October

Ontario'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...maybe. Minister Jim Bradley says that the hands-free ban that was confirmed earlier this year for the province of Ontario will "likely" come into effect by October. Starting that month, drivers found chatting on a cell phone or operating a handheld wireless gadget in a car while driving could face hefty fines.

The month of October has been pegged as the likely date for the long-awaited ban to officially come into play, but a representative from the Ontario Ministry of Transportation confirms with Marketnews that while this is a likely scenario, it hasn't been 100% confirmed. Still, Minister Jim Bradley's statements have caused many to speculate that yes, October will be the month of reckoning.

While the use of handheld electronic devices will be strictly forbidden under Bill 118, motorists can still use hands-free accessories, like Bluetooth headsets and speakerphones. Drivers will also be allowed to depress the button requires to power up these units, like portable GPS devices, but no further manipulation of them while driving will be permitted. Fines can go as high as $500.

- Garry J. Wise, Toronto

UPDATE: October 1, 2009

The provincial government announced yesterday that the Ontario drivers' cell phone ban will come into effect October 26, 2009.

- Garry J. Wise

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Teachable Moments and Lessons Unlearned

New 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.

If Professor Gates ranted and raved at the cop who entered his home uninvited with a badge, a gun and an attitude, he didn’t rant and rave for long. The 911 call came in at about 12:45 on the afternoon of July 16 and, as The Times has reported, Mr. Gates was arrested, cuffed and about to be led off to jail by 12:51. The president of the United States has suggested that we use this flare-up as a “teachable moment,” but so far exactly the wrong lessons are being drawn from it — especially for black people. The message that has gone out to the public is that powerful African-American leaders like Mr. Gates and President Obama will be very publicly slapped down for speaking up and speaking out about police misbehavior, and that the proper response if you think you are being unfairly targeted by the police because of your race is to chill.

I have nothing but contempt for that message.

- Garry J. Wise, Toronto

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Will Twitter Revolutionize Professional Sports?

Washington 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. Players themselves are divulging certain details, from the humorous to the inconsequential, using Twitter feeds.

...While athletes have used blogs the past couple of years, they say Twitter is quicker, more accessible and less likely to be filtered through agents, publicists or team officials before publication. From the perspective of both fan and athlete, that's a good thing. But the National Football League is an image-obsessed league, routinely beset by athletes' off-the-field antics. Twitter has already grown into a social media tool over which the league has little to no control.

..."I don't think in my lifetime we've had a platform that allowed direct access and communication like this," said Reggie Bradford, CEO of Vitrue, an Atlanta-based marketing company that tracks social media.

- Garry J. Wise, Toronto

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Texas Judge Uses Facebook, Explores Social Media Ethics for Judiciary, Lawyers

ABA Journal profiles Susan Criss, a 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.

To Criss, there's no going back. With self-imposed ground rules—no politics, no blogging about cases—she's steaming right ahead.

... Criss said she’s the first to admit these social networks are new to her, but her ground rules are simple. She follows her ethical canons and is careful about what she says and who she friends. Yes to all lawyers—to avoid an appearance that she favors one side over another. Friending the general public is trickier. So far, she's been more selective.

As for whether the ABA needs to address social media in its Model Rules, she and other panelists said no. “The rules are pretty good,” Criss said. That’s not to say that the ABA shouldn’t explore new media and its impact on lawyers, judges and the law.

“The medium is always going to change,” she said. “We need to always adapt.”

- Garry J. Wise, Toronto

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Did Corporate Execs Force Truce on O'Reilly and Olbermann?

A 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.

- Garry J. Wise, Toronto

Update: August 7, 2009

... maybe not. Olbermann refuses to play.

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