Decision of the Week – S. 2(b) Charter Challenge

This decision by Lanchbery, J. concerns the right of Manitoba Public Insurance to cancel a personalized licence plate (PLP) after allowing the respondent to display it for almost two years. The slogan on the licence plate was based on characters from Star Trek.

[88]      The question before me, is the limit of s. 2(b) rights on PLPs for the purpose to “eliminate the inappropriate/possibly offensive slogans”, reasonable.

Troller v. Manitoba Public Insurance Corporation, 2019 MBQB 157

The parties agreed that the decision to revoke the PLP is a discretionary administrative act of the Registrar (para. 81). Lanchbery, J. found that Charter protections are engaged, but further analysis showed that the actions of MPIC were reasonable.

One interesting fact that came out of this was that MPIC uses the Urban Dictionary as one of its sources to determine whether a potential PLP is offensive.

Decision of the Week: Oppression

This week’s decision concerns an application for an oppression remedy: Caughlin v. Canadian Payroll Systems Inc., 2019 MBQB 6.

Caughlin … alleges that the conduct of Lyle and CPS has been oppressive and unfairly prejudicial and that there has been an unfair disregard for his interests. Caughlin seeks a remedy to address the inequitable conduct and activities of Lyle and CPS.

Para. 3

As noted by Harris, J., s. 234(2) of The Corporations Act, C.C.S.M. c. C225 explains the grounds for seeking an oppression remedy, and the leading case is BCE Inc. v. 1976 Debentureholders, 2008 SCC 69.

New Practice Direction – Scheduling of Civil Motions

Effective immediately, the Civil Motion Coordinator (Cheryl Laniuk) is to be contacted (phone number – 204-945-3043) regarding the scheduling of all civil motions, including those returnable on the civil uncontested list, contested motions and seized motions.

Coming into effect

This Practice Direction comes into effect immediately.

Original notice available here.

Manitoba eLaw – New Edition – Litigation

December 2018, Issue No. 86 Highlights:

The full edition is available here

Twitter bots for good?

Most of the time when I see the word “bot” I think of Russian trolls influencing the U.S. election. But not this time! USA Today investigative reporter Brad Heath has created an automatic Twitter bot that follows selected U.S. Supreme Court, U.S. Courts of Appeal, and Federal District Court cases of note and posts documents from new docket entries to Twitter.

In its documentation, the bot is described as follows:

The bot uses PACER RSS feeds to gather the latest filings from 74 U.S. District Courts and five federal courts of appeals and stores the docket entries in a database. It matches new filings against a preselected list of major cases, scrapes matching documents from PACER, uploads them to a DocumentCloud project and posts the results on Twitter.

You must have a PACER account in order to access the documents – we do! So if you want the latest filing on United States v. AT&T and Time Warner, or any other U.S. court case you’re watching, let us know if we can help. There may be a fee for retrieving documents.

And follow Big Cases on Twitter for up-to-date notification.

h/t to Internet for Lawyers.