Two years after the Nova Scotia Supreme Court struck down the Cyber-Safety Act, the Nova Scotia Government has reintroduced new legislation to deal with cyber-bullying. The new Act (Bill 27) will allow a victim or parents to ask a judge to order that the alleged offences stop, to take down a web-page, prohibit further contact with the victim, or even order the perpetrator to pay damages to the victim.
Someone making such an application to the Court can ask that no one shall be permitted to publish their name or any information likely to identify them.
It is important to note that this Act does not immediately make it an offence to cyber bully or distribute intimate images, unlike the previous Act. Also, the Criminal Code of Canada does have provisions dealing with the distribution of intimate images. It is only an offence if someone disobeys an Order made under the Act.
If you are involved in one of these applications, you should consult with an experienced criminal law lawyer.
Litigants are not rewarded for bad behaviour. In a recent decision out of the Ontario Superior Court of Justice, a father was ordered to pay $420,000 in costs to his former spouse, after losing the case for custody of their young daughter.
The Trademarks Act (the “Act”) contains a unique provision that allows “public authorities” to by-pass the normal trademark registration application process and to protect their “official marks” indefinitely. There is no similar provision in any other country’s trademark protection regime.
Although now 10 years old, Tug of War: A Judge’s Verdict on Separation, Custody Battles, and the Bitter Realities of Family Court, by Justice Harvey Brownstone of the Ontario Court of Justice, remains an insightful and powerful read on the uses and misuses of family court.