Rule of Law

Federal Court of Canada does not have inherent jurisdiction

The Supreme Court of Canada ruled that the Federal Court does not have inherent jurisdiction: To decide whether the Federal Court has jurisdiction over a claim, it is necessary to determine the essential nature or character of that claim. Determining the claim’s essential nature allows the court to assess whether it falls within the scope […]

Breach of Contract

eBay auction for Nike Foamposite shoes

eBay cancelled an auction for a pair of Nike Foamposite shoes when the top bid reached $98,000 CAD. eBay then became liable for the seller’s losses for cancelling the auction for no legitimate reason. A Quebec Superior Court ordered eBay to pay the seller and his brother, the eBay account holder, $98,000 less the 10% eBay […]

Domain Names

Federal Court of Appeal Ignores the Rule of Law

The Federal Court did not follow the Ontario Property and Civil Rights Act in a dispute over the domain name. The Federal Court of Appeal set a precedent, in Michaels v Michaels Stores Procurement Company Inc, eliminating the rule of law in Canada. The court said that the Court has jurisdiction to order any appropriate remedy known to common law […]