More coverage for the Frank Buckley-edited new book on overlegalization, The American Disease [Richard Reinsch/Library of Law and Liberty, Alejandro Chafuen/Forbes] Here’s Buckley in the National Post:
If litigation rates are four times smaller in Canada than the United States, this should not occasion surprise: Subsidize something and you get more of it; penalize it and you get less of it.
Differences in legal ethics matter, too. In America, more than elsewhere, lawyers are encouraged to advance their client’s interests without regard to the interests of justice in the particular case or broader social concerns. American lawyers’ professional culture is unique in permitting and implicitly encouraging them to assert novel theories of recovery, coach witnesses, and wear down their opponents through burdensome pretrial discovery.
The province has informed teenage entrepreneur Xavier Menard that his business name is too English to be legal under its obligatory-French-language law. The name in question: “WellArc.” [Huffington Post Canada]
Cy pres, public-sector style? “A veteran Manitoba Crown attorney has been fired after he dropped charges against a Winnipeg company involved in a workplace accident — only to have the company make a substantial financial donation to a charity he oversees.” The prosecutor has defended his actions on the grounds that he did not direct the donation and that “the company made its own decision to choose the charity he was connected to”; he is not alleged to have benefited from the charity. [Winnipeg Free Press]
“A pot-smoking city [of Ottawa] worker couldn’t convince a court that his reefer madness was a disability. …[Claude] Lavoie tried to claim his penchant for pot qualified as a disability, which would have obliged the city to accommodate him under provisions of the Ontario Human Rights Code.” [Ottawa Sun]
Sent to Gawker by a lawyer who represents controversial Toronto mayor Rob Ford, it affords Ken at Popehat much delight: “First, nobody ever governed themselves accordingly based on a threat from a hotmail account.”
Justin Caldwell Somers, in jail for not paying a jaywalking fine, brutally murdered his sleeping cellmate by stomping him to death on the cement floor, but was found not criminally responsible because he had been acting under the influence of delusions and hallucinations. Now he is suing various personnel of the remand center for not preventing the incident, in part by not heeding the recommendation of a nurse and psychiatrist that he be housed alone: since the murder Somers “has experienced severe mental anguish and mental distress as a result of his role in causing the death of Mr. Stewart, as well as a result of the conditions of his incarceration.” [Edmonton Journal]
“Canada Post — a failing, state-owned Crown Corporation — not only claims a copyright on the database of postal codes (a collection of facts, and not the sort of thing that usually attracts copyright). They also claim a trademark on the words ‘postal code,’ and have sent legal threats to websites that use the words factually, to describe actual postal codes.” (U.S. = zipcodes) [Cory Doctorow, BoingBoing; Eruci]
“They will spend 10 years and all their money on litigation because of their inability to agree on anything,” a therapist predicted accurately. Yet more unsettling: the mom leveled false abuse accusations at the dad before eventually recanting. [Winnipeg Free Press]
Humorous warning on a Canadian coffee cup: my new post at Cato at Liberty (with picture).
“Earls Restaurants will take beer sold under the 25-year-old brand off the menu after a Vancouver woman with albinism filed a BC Human Rights Tribunal complaint against the chain in 2012. The same craft beer will still be sold, but just as ‘Rhino.’” [Emily Jackson, MetroNews, Canada; earlier]
P.S. Frances Zacher at Abnormal Use on other beer-naming controversies.
Maybe it’s not just as simple as passing a new law. [Daniel Fisher, Forbes]