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August 30, 2004 |
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April 26, 2004 |
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Enforcement of Foreign Judgments Subject to Six Year Limitation Period In Lax v. Lax. the Ontario Court of Appeal determined that the limitation period for enforcement of a foreign judgement was six year, as a foreign judgement is equivalent to a contract. The section 45 (1) (c) reference to "an action upon a judgment or recognizance" only applied to domestic judgements. The action is to proceed to trial on an issue of discoverability.
Note that the limitation period changed as of January 1, 2004, by the enactment of the new Limitation Act, 2002.
9:27:58 PM
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April 6, 2004 |
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March 28, 2004 |
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Long Arm - not in Oz Further to my recent post, I am glad to see that the Australian magistrate has blocked the attempted extradition of an Australian to the U.S. to face criminal copyright charges. If he has broken the law, he should be charged in Australia. If he hasn't broken local law, he should not face criminal liability in the U.S.
5:26:53 PM
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March 22, 2004 |
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March 14, 2004 |
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The Long Arm of the Law I found this story a little disturbing. An Australian man who never set foot in the U.S. is facing extradition to the U.S. to face charges of criminal copyright breaches. The man is alleged to have been part of a conspiracy that cracked codes on copyrighted material and made it available to an internet club (a Warez site).
Do actions on the internet invite worldwide internet jurisdiction? Should sovereign states act to extradite their nationals to a foreign jurisdiction for actions on the internet? While I do not agree with pirating of software, shouldn't that be a matter for the local jurisdiction's criminal code? (I find it difficult to believe that Australia does not have statutes that cover this activity, but taking the article at face value, if you are not breaking local criminal law, why should you face extradition to another country.)
11:09:41 AM
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March 6, 2004 |
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© Copyright 2005 Michael Girard.
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Shoot the Stars
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