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Rudder V. Microsoft Corp.
''Rudder v Microsoft Corp.'' 999OJ No 3778 (Sup Ct J). is an Ontario Superior Court case that is the leading decision on clickwrap licenses and forum selection clauses in Canada. Background Rudder brought a class action on behalf of MSN subscribers in Canada for, among other things, improperly charging MSN subscriber's credit cards violating the terms of the contract. Microsoft filed to dismiss the class action on the grounds of forum non conveniens. They argued that the contract between them and the subscribers contained a forum selection clause which gave exclusive jurisdiction to Washington state to resolve any disputes. Rudder argued that the particular clause was not valid as it was not adequately brought to the attention of the user. The provision was sufficiently important that it required special notice. Opinion of the Court Justice Warren Winkler found in favour of Microsoft and held that the clause was enforceable. Winkler rejected Rudder's argument, stating that "Admi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ontario Superior Court
The Superior Court of Justice (French: ''Cour supérieure de justice'') is a superior court in Ontario. The Court sits in 52 locations across the province, including 17 Family Court locations, and consists of over 300 federally appointed judges. In 1999, the Superior Court of Justice was renamed from the Ontario Court (General Division). The Superior Court is one of two divisions of the Court of Ontario. The other division is the lower court, the Ontario Court of Justice. The Superior Court has three specialized branches: Divisional Court, Small Claims Court, and Family Court. The Superior Court has inherent jurisdiction over civil, criminal, and family law matters at common law. Although the Court has inherent jurisdiction, the authority of the Court has been entrenched in the Canadian Constitution. * Frank Marrocco (2005 to 2020; Associate Chief Justice 2013 to 2020) See also * Courts of Ontario References External linksSuperior Court of Justice [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clickwrap
A clickwrap or clickthrough agreement is a prompt that offers individuals the opportunity to accept or decline a digitally-mediated policy. Privacy policies, terms of service and other user policies, as well as copyright policies commonly employ the clickwrap prompt. Clickwraps are common in signup processes for social media services like Facebook, Twitter or Tumblr, connections to wireless networks operated in corporate spaces, as part of the installation processes of many software packages, and in other circumstances where agreement is sought using digital media. The name "clickwrap" is derived from the use of "shrink wrap contracts" commonly used in boxed software purchases, which "contain a notice that by tearing open the shrinkwrap, the user assents to the software terms enclosed within". The content and form of clickwrap agreements vary widely. Most clickwrap agreements require the end-user to manifest their assent by clicking an "ok" or "agree" button on a dialog box or po ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Forum Selection Clause
A forum selection clause (sometimes called a dispute resolution clause, choice of court clause, jurisdiction clause or an arbitration clause, depending upon its form) in a contract with a conflict of laws element allows the parties to agree that any disputes relating to that contract will be resolved in a specific forum. They usually operate in conjunction with a choice of law clause which determines the proper law of the relevant contract. There are three principal types of clause: * that all disputes must be litigated in a particular court in a jurisdiction agreed upon by the parties; * that disputes must be resolved pursuant to a dispute resolution process, such as mediation, arbitration, or a hearing before a special referee or expert determination; or * the clause might refer to a combination, requiring a specific process to be carried out in a specific location, and if that process fails to resolve the issue, for litigation to be conducted in a particular court. A simpl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Forum Non Conveniens
''Forum non conveniens'' (Latin for "an inconvenient forum") (FNC) is a mostly common law legal doctrine through which a court acknowledges that another forum or court where the case might have been brought is a more appropriate venue for a legal case, and transfers the case to such a forum. A change of venue might be ordered, for example, to transfer a case to a jurisdiction within which an accident or incident underlying the litigation occurred and where all the witnesses reside. As a doctrine of the conflict of laws, ''forum non conveniens'' applies between courts in different countries and between courts in different jurisdictions in the same country. ''Forum non conveniens'' is not applicable between counties or federal districts within a state. A concern often raised in applications of the doctrine is forum shopping, or picking a court merely to gain an advantage in the proceeding. This concern is balanced against the public policy of deferring to a plaintiff's choice of ve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Warren Winkler
Warren Keith Winkler, (born December 10, 1938) is a Canadians, Canadian jurist and a former Chief Justice of Ontario. Appointed by Prime Minister of Canada, Prime Minister Stephen Harper on June 1, 2007, Winkler was previously Regional Senior Judge of the Ontario Superior Court of Justice for the Toronto Region. Winkler reached the mandatory retirement age of 75 on December 10, 2013, and has since retired as the Chief Justice of Ontario. He served as Chair of the Order of Ontario Advisory Council. Mr. Winkler is now a Member Arbitrator at Arbitration Place in Toronto. Legal career Born in Virden, Manitoba, Winkler grew up in Pincher Creek, Alberta. He received a Bachelor of Arts degree in 1959 from the University of Manitoba, a Bachelor of Laws degree in 1962 and a Master of Laws degree in 1964 from the Osgoode Hall Law School. He was called to the Bar of Ontario in 1965 and was created a Queen's Counsel in 1977. He was a partner in the law firm of Winkler, Filion & Wakely and prac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clickwrap
A clickwrap or clickthrough agreement is a prompt that offers individuals the opportunity to accept or decline a digitally-mediated policy. Privacy policies, terms of service and other user policies, as well as copyright policies commonly employ the clickwrap prompt. Clickwraps are common in signup processes for social media services like Facebook, Twitter or Tumblr, connections to wireless networks operated in corporate spaces, as part of the installation processes of many software packages, and in other circumstances where agreement is sought using digital media. The name "clickwrap" is derived from the use of "shrink wrap contracts" commonly used in boxed software purchases, which "contain a notice that by tearing open the shrinkwrap, the user assents to the software terms enclosed within". The content and form of clickwrap agreements vary widely. Most clickwrap agreements require the end-user to manifest their assent by clicking an "ok" or "agree" button on a dialog box or po ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Notable Canadian Lower Court Cases
A select number of decisions from the superior and inferior courts that have proven to be the leading case law in a number of fields and have subsequently been influential in other provinces, or else they are famous decisions in their own right. These include trial court cases. Typically, these decisions were merely affirmed at the appellate level or were never appealed. Other cases were appeals to courts besides the provincial Court of Appeal or the Supreme Court of Canada. The decisions are listed in chronological order. * '' Abortion trial of Emily Stowe'' (1879) * ''R. v. Jim'' (1915) : Aboriginal hunting rights * ''Canadian Admiral Corporation Ltd. v. Rediffusion Inc.'', 954Ex. CR 382, 20 CPR 75: copyright * '' Teck Corp. Ltd. v. Millar'' (1972), 33 DLR (3d) 288 : Director liability * '' Bettel v. Yim'' (1978), 20 OR (2d) 617 (Co. Ct.): torts * '' Snow v. Eaton Centre Ltd.'' (1982) 70 C.P.R. (2d) 105: moral rights * '' Jane Doe v. Board of Commissioners of Police for the Mun ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Caspi V
Caspi may refer to: People * Avshalom Caspi (born 1960), an Israeli-American psychologist * Joseph Caspi (1279—1340), a Provençal exegete, grammarian and philosopher * Matti Caspi (born 1949), an Israeli composer, musician, singer and lyricist * Nathanael ben Nehemiah Caspi (14th century-15th century), a Provençal scholar * Ram Caspi (born 1939), an Israeli attorney * Omri Casspi (born 1988), an Israeli basketball player Ancient people * Caspians, an ancient Iranian people dwelling along the southern and southwestern shores of the Caspian Sea. Plants * Botón caspi (''Anthodiscus pilosus''), a plant species found in Amazonian Colombia and Peru * Cachimbo caspi (''Couratari guianensis''), a woody plant species found in South America * Huaira caspi (''Cedrelinga cateniformis''), a plant species found in Peru * Leche caspi (''Couma macrocarpa''), a tropical plant species native to tropical, humid Central and South America * Caspi or zapallo caspi (''Pisonia ambigua''), a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Contract Case Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1999 In Canadian Case Law
File:1999 Events Collage.png, From left, clockwise: The Death and state funeral of King Hussein, funeral procession of King Hussein of Jordan in Amman; the 1999 İzmit earthquake kills over 17,000 people in Turkey; the Columbine High School massacre, one of the first major List of school shootings in the United States by death toll, school shootings in the United States; the Year 2000 problem ("Y2K"), perceived as a major concern in the lead-up to the year 2000; the Millennium Dome opens in London; online music downloading platform Napster is launched, soon a source of Online piracy, online piracy; NASA loses both the Mars Climate Orbiter and the Mars Polar Lander; a destroyed t-55, T-55 tank near Prizren during the Kosovo War., 300x300px, thumb rect 0 0 200 200 Death and state funeral of King Hussein rect 200 0 400 200 1999 İzmit earthquake rect 400 0 600 200 Columbine High School massacre rect 0 200 300 400 Kosovo War rect 300 200 600 400 Year 2000 problem rect 0 400 200 600 Mars ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1999 In Ontario
File:1999 Events Collage.png, From left, clockwise: The funeral procession of King Hussein of Jordan in Amman; the 1999 İzmit earthquake kills over 17,000 people in Turkey; the Columbine High School massacre, one of the first major school shootings in the United States; the Year 2000 problem ("Y2K"), perceived as a major concern in the lead-up to the year 2000; the Millennium Dome opens in London; online music downloading platform Napster is launched, soon a source of online piracy; NASA loses both the Mars Climate Orbiter and the Mars Polar Lander; a destroyed T-55 tank near Prizren during the Kosovo War., 300x300px, thumb rect 0 0 200 200 Death and state funeral of King Hussein rect 200 0 400 200 1999 İzmit earthquake rect 400 0 600 200 Columbine High School massacre rect 0 200 300 400 Kosovo War rect 300 200 600 400 Year 2000 problem rect 0 400 200 600 Mars Climate Orbiter rect 200 400 400 600 Napster rect 400 400 600 600 Millennium Dome 1999 was designated as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Microsoft Litigation
Microsoft has been involved in numerous high-profile legal matters that involved litigation over the history of the company, including cases against the United States, the European Union, and competitors. Governmental In its 2008 annual report, Microsoft stated: Antitrust In the 1990s, Microsoft adopted exclusionary licensing under which PC manufacturers were required to pay for an MS-DOS license even when the system was shipped with an alternative operating system. Critics attest that it also used predatory tactics to price its competitors out of the market and that Microsoft erected technical barriers to make it appear that competing products did not work on its operating system. In a consent decree filed on July 15, 1994, Microsoft agreed to a deal under which, among other things, the company would not make the sale of its operating systems conditional on the purchase of any other Microsoft product. On February 14, 1995, Judge Stanley Sporkin issued a 45-page opinion that th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
