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Price is often the single most important term in consumer transactions. As the personalization of e-commerce continues to intensify, the law and policy implications of algorithmic personalized pricing i.e., to set prices based on consumers’ personal data with the objective of getting as closely as possible to their maximum willingness to pay (APP), should be top of mind for regulators. This article looks at the legality of APP from a personal data protection law perspective, by first presenting the general legal framework applicable to this commercial practice under competition and consumer law. There is value in analysing the legality of APP through how these bodies of law interact with one and the other. This article questions the legality of APP under personal data protection law, by its inability to effectively meet the substantive requirements of valid consent and reasonable purpose. Findings of illegality of APP under personal data protection law may in turn further inform the lawfulness of APP under competition and consumer law.

Fathima Cader & Sujith Xavier discuss conceptualisations and practices of solidarity in response to genocidal violence against Tamils and Palestinians.

For decades, various levels of Canadian governments have gone all-in on facilitating the building of suburban, car-centric neighbourhoods while limiting the potential of urban living

Welfarism is the idea that government should always try to make individuals' lives go better, for them, than they otherwise would, overall. The goal of this paper is to demonstrate welfarism's compatibility with, and potential to support, the ambitions of person-centered justice. Welfarism is a normative theory applicable to public policy generally, but one which has distinct consequences in the realm of law and legal systems. They are considered just to the extent that they generate the best possible expected welfare consequences for all of the individuals who are affected by them. Welfarism is radically person-centred because it requires lawmakers to treat each individual affected by their work as a distinct locus of value, including those who have been subordinated or ignored.

"The aim of this work is to provide a current book-length treatment of International Humanitarian Law (IHL), or the Law of Armed Conflict as it is sometimes known, from a Canadian perspective. Canada’s approach to war has shaped the way in which it interprets and implements international humanitarian law, or the law of armed conflict as it is also called. This handbook provides a useful “first stop” for the Canadian legal community on key topics in international humanitarian law, in a way which pays particular attention to Canadian sources, interpretations, applications and practices where they exist and are publicly available. At the same time, given the iterative nature of the development of international law, especially customary international law, the book will also be useful to practitioners and scholars internationally. Indeed, despite the paucity of publicly available material, Canada has been a regular actor in this area of law and its contributions to the development of international humanitarian law should be highlighted."-- Provided by publisher

The current debate about medical assistance in dying (MAiD) has focused on very specific issues in relation to MAID — namely, eligibility, safeguards and advanced requests. These are all important topics. But, permeating all of these topics is an issue that is of primary importance and that should be front and centre. This is the issue of STIGMA. Stigma surrounding people with disabilities is perpetuated by the proposed revisions to the MAiD legislation, and there are a number of things that this legislation (and the key government actors) need to do in order to ensure that people with disabilities do not face extended social inequality as a result of MAiD.

The most controversial of the recent amendments to Ontario’s Class Proceedings Act is the addition of two requirements to the certification test: to meet the preferable procedure criterion, s. 5(1.1) requires that common issues in the litigation must now “predominate” over individual issues, and a class action must be “superior” to all other forms of resolution. The importance of the interpretation of Ontario’s new certification test to the continued viability of class actions in the province merits a thorough and rigorous analysis of s. 5(1.1). The language of predominance and superiority is strikingly similar to requirements that have long applied to US class actions for monetary damages. As courts in Ontario begin to grapple with the new predominance and superiority requirements, however, the authors caution against turning to American jurisprudence for guidance. Several important structural differences between the Ontario and American class action regimes, as well as different constitutional considerations and a variety of approaches within US case law diminish its utility. Instead, the authors examine the history and language of the amendments to propose an interpretation of the predominance and superiority requirements that is informed by Canada’s own procedural and constitutional framework and that avoids the pitfalls of legal transplants.

"Constitutions are meant to endure, providing both stability and adaptability. Their public legitimacy depends on the ability of the courts and other interpreters to get this balance right. Why, then, has Canada’s constitution--only four decades old--produced so many surprises? Canada's Surprising Constitution investigates unexpected interpretations of the Constitution Act, 1982 by the courts. In this illuminating collection of essays, leading scholars reflect on these surprising interpretations, focusing on fundamental freedoms; equality, Aboriginal, and language rights; structural features of the Charter; as well as the courts’ approach to the interpretation of the Constitution. The public legitimacy of the Constitution requires that it be seen as both relevant, as circumstances change, but also true to the values it embodies. The responsibility for getting this balance right lies not only with judges but also with legislatures, executives, scholars, advocates, and public interest organizations. The thoughtful work of this volume is crucial in identifying, accounting for, and--looking ahead--anticipating potential surprises. Its thorough analysis also offers a view of the Constitution in action."-- Provided by publisher

"Constitutions are meant to endure, providing both stability and adaptability. Their public legitimacy depends on the ability of the courts and other interpreters to get this balance right. Why, then, has Canada’s constitution--only four decades old--produced so many surprises? Canada's Surprising Constitution investigates unexpected interpretations of the Constitution Act, 1982 by the courts. In this illuminating collection of essays, leading scholars reflect on these surprising interpretations, focusing on fundamental freedoms; equality, Aboriginal, and language rights; structural features of the Charter; as well as the courts’ approach to the interpretation of the Constitution. The public legitimacy of the Constitution requires that it be seen as both relevant, as circumstances change, but also true to the values it embodies. The responsibility for getting this balance right lies not only with judges but also with legislatures, executives, scholars, advocates, and public interest organizations. The thoughtful work of this volume is crucial in identifying, accounting for, and--looking ahead--anticipating potential surprises. Its thorough analysis also offers a view of the Constitution in action."-- Provided by publisher

"In The Life and Death of Freedom of Expression, Richard Moon argues that freedom of expression is valuable because human agency and identity emerge in discourse--in the joint activity of creating meaning. Moon recognizes that the social character of individual agency and identity is crucial to understanding not only the value of expression but also its potential for harm. The book considers a range of issues, including the regulation of advertising, hate speech, pornography, blasphemy, and public protest. The book also considers the shift to social media as the principal platform for public engagement, which has added to the ways in which speech can be harmful, while undermining the effectiveness of traditional legal responses to harmful speech. The Life and Death of Freedom of Expression makes the case that the principal threat to public discourse may no longer be censorship, but rather the spread of disinformation, which undermines public trust in traditional sources of information and makes engagement between different positions and groups increasingly difficult."-- Provided by publisher

Noel Semple - The Inaccessibility of Justice in Ontario’s Adjudicative Tribunals: Symptoms and Diagnosis