e-Lawg : A Canadian Perspective on Intersections of Law and Technology
Updated: 18/02/2005; 11:37:15 PM.

 

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January 11, 2005

Michael Geist writes in the Toronto Star (free registration required) suggesting that Canada pursue a National Web Library strategy modelled on the Google project. Benefits to Canadian culture are cited, although the copyright issues would require some finesse.
9:17:53 PM    comment []  trackback []  

In W.H Stuart Mutuals Ltd. v. London Guarantee Insurance Co. the Ontario Court of Appeal held that a fidelity insurance policy covering theft by employees through electronic transfer was void for misrepresentation in the insurance application.

The insured had stated that the principals of the company signed each cheque. The company had in fact changed to a computerized cheque generating system which created a computerized facsimile of the principals signature. The Court held this was a material misrepresentation.

The Court also commented that the trial judge was in error in applying a subjective test to the issue of the insured's duty to disclose. The Court stated that there must be an objective element to the test.

The material misrepresentation voided the policy and the insured was not entitled to indemnity under the policy.


8:52:22 PM    comment []  trackback []  

In Mussani v. College of Physicians and Surgeons of Ontario, the Ontario Court of Appeal considered the zero tolerance policy of the Health Professionals Procedural Code. That Code requires an automatic five year suspension of the licence to practice where a health professional engages in sexual intercourse or other specified sexual activities with a patient.

A doctor, subject to such a suspension, appealed on the basis that the mandatory nature of the suspension was not constitutional, contrary to sections 7 and 12 of the Canadian Charter of Rights and Freedoms. 

"7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice."

The Court concluded:

"I am satisfied, therefore, that there is no constitutionally protected right to practise a profession, and that the mandatory revocation of a health professional’s certificate of registration in substance infringes an economic interest of the sort that is not protected by the Charter."


8:38:12 PM    comment []  trackback []  


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