The Ontario Court of Appeal (
ONCA )
has broken new ground by ordering security for a trial judgment in
Wiseau Studio, LLC v Harper, 2021 ONCA 31. While appellate courts in other
jurisdictions have made such orders, this decision of Justice
Thorburn was a first for Ontario.
History of the Case
The cinematic backdrop to this judicial action was a dispute
between filmmakers: in 2017, Tommy Wiseau, creator of the
cult-classic film
The Room, and his company, Wiseau Studio
LLC, (together,
Wiseau ) commenced an
action against the documentarians behind a film about
The
Room and its cult following. Richard Harper, Fernando Forero
McGrath, and Martin Racicot, doing business as Room Full of Spoons
Highlights and Trends
As the law relating to Indigenous peoples, and the application
of that law, evolves so does the nature and type of Indigenous
rights litigation. This bulletin highlights certain key Indigenous
rights cases that were decided, heard, or commenced in 2020, and
identifies overarching trends. These trends apply to varying
degrees in different provinces and territories, but are all worth
following as the law in this area continues to advance:
Lengthy trials vs judicial
reviews: Indigenous rights litigation has focused
largely on challenges to project approvals or permits and the
boundaries of adequate consultation. Increasingly, lawsuits seeking
damages and other relief for title or rights infringement are
In a landmark decision in
Decision ), the Superior Court of
Justice recognized the common law tort of internet
harassment-proclaiming itself the first common law court outside of
the U.S. to recognize the tort.
1 Justice Corbett went on to grant a
novel remedy that appears to envision transferring the
defendant s title and ownership of the offending posts and/or
accounts to the plaintiffs for the purpose of removing the
offending content from the internet.
2 In a case involving decades of
extraordinary online abuse by a uniquely recalcitrant plaintiff,
the Court was moved to recognize the new tort and grant a novel
Background
The employee worked in his family s funeral home (Home) for
30 years. When he was 55, the employee sold the Home to the
appellant company. The parties entered into a Transitional
Consulting Services Agreement (TCSA), pursuant to which the
employee would work as General Manager for a fixed term of 10
years. The TCSA included commissions and a vehicle and fuel
allowance. The TCSA did not contain a provision addressing its
early termination, but did contain a non-competition clause that
barred the employee from working in the funeral home business for
10 years.
Conflict between the parties developed almost immediately after
the employee began his employment. The company s co-owner
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Article 155. 4 of the Constitution provides exclusive
jurisdiction to the Supreme Court to issue prerogative writs
including certiorari and prohibition. The nature and limits of this
jurisdiction stem from the principles of English Law as emphasized
by the Supreme Court in its decisions during the exercise of that
authority. In Cyprus, privileged orders are limited to the field of
Private Law, in contrast the privileged orders in England are
expanded and to the field of Administrative Law.
Particularly, the aim of Certiorari is the legal framework of