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Updated: 18/02/2005; 11:35:33 PM.

 

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April 6, 2004

The BCCA upheld the Chambers Judge's ruling declining to certify a class action on behalf of seasons ticket holders of the Vancouver Grizzlies. In Nelson v. Hoops L.P, a season ticket holder sought to bring a class action against the owner of the team based on breach of an implied term in the contract and on misrepresentation (for moving the team from Vancouver after assuring fans that he would not).

The Court of Appeal agreed with the Chambers Judge who dismissed the misrepresentation claim on three points: 1) the small numbers of members of the class, 2) the individual issues outweighing the class issues and

3)"Finally, to my mind, there is the question of the utility of having the claims of the entire class adjudicated at all.  As I have indicated, the damages suffered by class members, if they exist at all, must be exceedingly small in terms of compensatory damages.  While I acknowledge that one goal of class proceedings is to permit the advancement of small claims where legal costs make it uneconomic to advance them in individual cases, I do not believe that this rationale extends to providing a procedure for claims that are so small they are not worthy of adjudication before the Court."

Are there claims so small that they are not worthy of adjudication before the court?


9:44:16 PM    comment []  trackback []  

Canada: Canadian Cross-Border Issuers Will Be Able To File U.S. GAAP Financial Statements (Torys LLP) [Mondaq: US]
8:33:43 PM    comment []  trackback []  

A  Bill, which had included a provision to extend copyright protection for the unpublished works of dead authors, was passed today without the copyright provision.  The Bill would have extended copyright protection until the year 2017. The Bill would largely have benefitted the heir of Lucy Maude Montgomery, author of Anne of Green Gables.

It is interesting to contrast the Canadian government response to a request for copyright extension to protect a Canadian icon with the U.S. government response to extending the protection for Mickey.

If the purpose of copyright is to encourage the creation of works, it is difficult to see how protection of unpublished works more than 60 years after the artists death, accomplishes that objective.  Does a person contemplating writing a book or creating a cartoon character think, "Oh why bother, this is going to go into the public domain 60 years after I am dead and buried".

Globe & Mail CBC Lessig Approves


8:14:51 PM    comment []  trackback []  

Richard Epstein comments on some of the problems with Class Actions in the U.S.
7:00:16 PM    comment []  trackback []  


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