Canada’s online legal magazine.

Canada Introduces a Digital Charter to Better Protect Privacy

Misinformation and privacy have threatened the very foundations of Western democracy, and Canada has proposed a response – a Digital Charter.

An announcement this past week builds on the commitment made to join the Christchurch Call, to “bring together countries and tech companies in an attempt to bring to an end the ability to use social media to organise and promote terrorism and violent extremism.” The 10 Principles of the proposed Digital Charter are as follows:

1. Universal Access: All Canadians will have equal opportunity to participate in the digital world and the necessary tools to do so, . . . [more]

Posted in: Substantive Law: Legislation, Technology

Summaries Sunday: OnPoint Legal Research

One Sunday each month OnPoint Legal Research provides Slaw with an extended summary of, and counsel’s commentary on, an important case from the British Columbia, Alberta, or Ontario court of appeal.

Kirk v. Executive Flight Centre Fuel Services Ltd., 2019 BCCA 111

AREAS OF LAW: Torts; Class actions; Certification; Negligence, Nuisance; Fuel spill

~Individual questions of specific causation may not be certified as common issues in a class action proceeding.~

BACKGROUND

The Appellant, Danny LaSante, was the driver of a truck which fell down an embankment and spilled approximately 35,000 litres of helicopter fuel into Lemon Creek. The . . . [more]

Posted in: Summaries Sunday

Summaries Sunday: SOQUIJ

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

TRAVAIL : Homme de confiance du président de la demanderesse, le défendeur s’est placé en situation de conflit d’intérêts en incorporant sa société dans le même domaine, en sollicitant des employés de cette dernière et en s’appropriant des renseignements confidentiels, dont des secrets commerciaux, afin de lui faire une concurrence . . . [more]

Posted in: Summaries Sunday

Friday Roundup: Slaw Jobs

Each Friday, we share the latest job listings from Slaw Jobs, which features employment opportunities from across the country. Find out more about these positions by following the links below, or learn how you can use Slaw Jobs to gain valuable exposure for your job ads, while supporting the great Canadian legal commentary at Slaw.ca.

Current postings on Slaw Jobs (newest first):

. . . [more]
Posted in: Friday Jobs Roundup

British Columbia Upcoming Changes to the Labour Relations Act

On April 30, 2019, the British Columbia government tabled Bill 30, Labour Relations Code Amendment Act, 2019 to provide greater protection for unionized workers. According to the government, the changes will also bring greater stability for employers and more durable labour relations.

The labour changes are based on a report by a three-member, independent panel appointed last year that made 29 recommendations. The panel included labour and business representatives.

Harry Bains, Minister of Labour said that “for many years, B.C.’s workers have seen employment rights and job security seriously threatened. And yet the Labour Relations Code hasn’t had a substantive . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

The Value of Delegating Decision-Making

Business decisions – especially those involving marketing and branding – require careful consideration. But they also require timely action. Are law firms hurting themselves by being too slow and cumbersome in making business decisions?

Within administrative and outside provider circles, law firms are notorious for their slow reactions and lengthy decision-making processes. It is for this reason that so many administrators who are hired from outside of law firms fail to last more than two years in this difficult environment. And increasingly, I’m hearing about consultants and suppliers who are opting to steer away from law firms as clients.

Generally, . . . [more]

Posted in: Legal Marketing, Practice of Law

Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about.

For this last week:

1. Tocco v. Bell Mobility Inc., 2019 ONSC 2916

[28] The causes of action premised on allegations of breach of consumer protection legislation centre on two types of breaches: unfair practices/misrepresentations and unsolicited services. These claims are focused on the alleged representations by the Defendant, and ask specifically whether they are false, misleading or deceptive in a material sense.

[29] The Plaintiffs . . . [more]

Posted in: Wednesday: What's Hot on CanLII

A Slaw Tips Milestone! Plus, a Call for New Tipsters

Today, Slaw Tips hit a remarkable milestone: one thousand tips!

Launched in 2011, the site’s very first tips dealt with turning off pop-up email notifications, finding moved web pages and preventing your firm’s star performers from being poached–all still relevant today.

Our current and past contributors are a talented team of practicing lawyers, librarians, consultants and entrepreneurs–smart folks who generously share their wisdom with our 15,000 monthly visitors.

We tip our hats (pun fully intended!) to all our past and present Tips authors: thank you for sharing your insight, skill, humour and enthusiasm with the Slaw community. . . . [more]

Posted in: Administration of Slaw, Announcements

Blockchain Legislation – Too Soon?

The blockchain continues to be a popular topic for entrepreneurs, journalists and technology lawyers. Also, in the United States, for legislators. Several states have enacted legislation about the blockchain in some manner. This note reviews what they do and why. To the best of my knowledge, Canadian legislators have not ventured into the blockchain universe. Feel free to note if and how they have, or if you think they should, in Comments.

Several states have done legislation. The most usual provision is to amend the state’s version of the Uniform Electronic Transactions Act (similar to the Uniform Electronic Commerce Act . . . [more]

Posted in: Legal Technology

Religion and the Law: “Respect” or Denial?

In Christian Medical and Dental Society of Canada v. College of Physicians and Surgeons of Ontario, the Ontario Court of Appeal sought to reconcile the religious views of doctors opposed to carrying out certain procedures with the rights of patients to equitable access to those procedures and to the public interest. Under Bill 21, the Quebec government seeks to deny the wearing of certain “religious” clothing in the interests of preserving a secular society. A comparison of these two situations help to illustrate how private religious beliefs might play out in the public sphere. . . . [more]

Posted in: Justice Issues, Substantive Law

The Rule of Law and Prosecutorial Discretion

The SNC Lavalin controversy, and in particular the allegation that the former Attorney General was improperly pressured by the Prime Minister’s Office to resolve the prosecution in favour of the defendant, has raised widespread concern about to the state of the rule of law in Canada. This is remarkable, as the rule of law does not often attract this degree of public attention. Canada is generally highly respected in the global community for its legal order.

One of the precepts of the rule of law is that all citizens are subject to the same law administered without bias by an . . . [more]

Posted in: Practice of Law

Tips Tuesday

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on practice, research, writing and technology.

Technology

My Favourite Apps – Part I
Lesha Van Der Bij

While smart phones are an increasingly big part of most lawyers’ practices, many lawyers only use their phones for email, text and calls. But there’s so much more you can do! This is the first post in a series on my favourite apps. …

Research

Add Resources to the Internet Archive
Susannah Tredwell

The Internet Archive Wayback Machine . . . [more]

Posted in: Tips Tuesday