Canada’s online legal magazine.

No Failure to Mitigate if No Available Work

Written by Lewis Waring, Paralegal, LL.B., Articled Clerk, Editor, First Reference Inc.

In a recent ruling, it was found that an employee successfully mitigated his loss of employment despite failing to take reasonable steps to find comparable employment. Although failing to look for a job seems like a clear failure to mitigate a loss of employment, this ruling clarified that an employee only fails to mitigate when comparable employment is actually available. If an employee’s job market does not contain any comparable roles, any failure to take reasonable steps to find comparable employment will not be a failure to . . . [more]

Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions

Book Review: Data Science in the Library: Tools and Strategies for Supporting Data-Driven Research and Instruction

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Data Science in the Library: Tools and Strategies for Supporting Data-Driven Research and Instruction. Edited by Joel Herndon. London, U.K.: Facet, 2022. 311 p. Includes bibliographic references and index. ISBN 9781783304608 (hardcover) $185.35; ISBN 9781783304592 (softcover) $106.83; ISBN 9781783304615 (eBook) $182.42; ISBN 9781783305186 (ePUB) $74.53.

Reviewed by Erica Friesen
Research . . . [more]

Posted in: Book Reviews

CRTC Targets the Dark Web Using CASL

The “dark web” sounds mysterious and dangerous. The dark web is described as a set of pages on the internet that cannot be indexed by search engines, further can not be viewed in a standard web browser, and typically require specialized software or network configurations in order to access. These pages commonly use encryption to provide anonymity for users.

There are marketplaces on the dark web where individuals buy and sell illicit goods and services.

One of the largest dark web marketplaces in the world was the Canadian Headquarters (or Canadian HQ). This site sold spamming services, phishing kits, stolen . . . [more]

Posted in: Intellectual Property

Opening and Closing Addresses – Key Points to Remember

In Alison Braks v Dundeal Canada (GP) Inc., 2022 ONSC 4015, Justice Ramsay sets out key points for counsel to remember when delivering their opening and closing addresses to a jury. These tips include:

OPENING

  • An opening should provide a general notion of what will be given in evidence. It should not mention matters that will not become evidence before the jury. A witness’s credibility should not be dealt with in an opening.
  • Counsel may not suggest a matter which counsel knows is not proven even if supporting evidence is adduced.

  • Counsel may not give evidence.

  • Counsel may not

. . . [more]
Posted in: Case Comment

Wednesday: What’s Hot on CanLII

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

For this last week, the three most-consulted English-language decisions were:

1. R. v. Sparrow, 1990 CanLII 104 (SCC), [1990] 1 SCR 1075

There is no explicit language in the provision that authorizes this Court or any court to assess the legitimacy of any government legislation that restricts aboriginal rights. Yet, we find that the words “recognition and affirmation” incorporate the fiduciary relationship referred . . . [more]

Posted in: Wednesday: What's Hot on CanLII

The State of Global Legal Regulation

The annual meeting of the International Conference of Legal Regulators, held in Chicago this year, was a terrific event with eye-opening panels and thought-provoking speakers. The consensus theme was that extraordinary change is occurring on multiple fronts in the legal world, creating huge challenges for the regulation of legal services, but also real opportunities to reshape this landscape for the better.

Here are 10 observations from the two-day meeting. Some of these insights are from speakers and audience members, others are my own. All of them point to a very different future for legal regulation, one that’s coming our way . . . [more]

Posted in: Practice of Law

ODR Is No Overnight Sensation

Online Dispute Resolution (ODR) has gained credibility lately, due largely to a combination of pandemic limitations on in-person dispute resolution and rapid strides in online technology. But it is the product of more than 20 years of steady development and advocacy.

I was reminded of this reading a pre-publication copy of ODR: Yesterday, Today, Tomorrow, an engaging collection of individual articles by Colm Brannigan and Marc Bhalla that explores the history, current state and future prospects of ODR. The book assembles materials each author has created over the years, including Master of Laws (LLM) research – Brannigan in 2003; . . . [more]

Posted in: Dispute Resolution

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.

RESPONSABILITÉ : En tout temps entre le 18 mars 2012 et le 22 juin 2016, soit la date de l’amendement législatif ayant relevé Air Canada de son obligation de maintenir les centres d’entretien et de révision d’aéronefs à Montréal, à Mississauga et à Winnipeg, l’entreprise a agi en violation de . . . [more]

Posted in: Summaries Sunday

Friday Jobs Roundup

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:

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

Employers Seeking Review of OLRB Orders Must Pay to Play

Written by Lewis Waring, Paralegal, LL.B., Articled Clerk, Editor, First Reference Inc.

In a recent ruling, an employer’s application for review of an order to pay was denied after the employer failed to provide the required deposit. The employer had stated it had no ability to pay the deposit due to the COVID-19 pandemic, but the Ontario Labour Relations Board refused to waive the deposit. The employer offered to enter a payment plan, but the Ontario Labour Relations Board also rejected this suggestion. . . . [more]

Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions

Striving for Excellence

I have always looked beyond our industry to see what is working in other industries and if there are ways to incorporate their ideas into our practice. Often this means considering other professional services industries but I find that looking beyond what may seem like a natural connection can provide surprising opportunities.

With that let me say, I have been Formula One fan for a long time and it recently struck me just how similar law firms are to F1.

There are 10 teams in F1, with each falling into one of three distinct groups. The leading teams (Red Bull, . . . [more]

Posted in: Legal Marketing

It’s Official: #Clawbies2022 Nominations Now Open!

Pop quiz!

  • What year do wizards come of age in the Harry Potter universe?
  • How many syllables are there in a haiku?
  • What is the “least random number” according to MIT?
  • What are you afraid of if you have heptakaidekaphobia?

Did you get it? That’s right – the answer is the number 17, which is how many years of Clawbies we’re celebrating this year.

While this year we continue our long-standing December tradition of seeking nominations for the Canadian Law Blog Awards, we’ve got to admit this year feels a little shaky, what with the Elon Ego Fest happening over . . . [more]

Posted in: Announcements