Canada’s online legal magazine.

Translation at SOQUIJ

Since 2004, SOQUIJ has offered English translations of selected judgments of the Court of Appeal of Quebec, the Court of Quebec, and the Superior Court of Quebec, free of charge. Our aim is to promote access to Quebec case law beyond the francophone legal community and citizens of this province, make the valuable insight of Quebec judges more widely known across Canada, and enrich Canadian law.

Selection

The judgments we translate are of national interest. In other words, they are selected according to their relevance in areas of law applicable across Canada; accordingly, a majority of our translations are of . . . [more]

Posted in: Miscellaneous

Google’s Dominance Doesn’t Require Anti-Competition

Google permeates everything we do. Our society could be described as a “Google generation,” for better or worse.

Some suggest that Google undermines our democracy, specifically by fostering greater inequality and eroding our notions of privacy. Others point to Google’s potential role in fighting back against “fake news,” and the crucial role that flows of information and media play in a democracy.

Google’s market share in search engines in Canada is estimated between 60% to over 90%. It’s Google’s dominance in the market that has some concerned about the centralization of power and information flows.

The broader practices of . . . [more]

Posted in: Legal Information, Technology

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.

PÉNAL (DROIT) : Le jugement de la Cour du Québec ayant assujetti le requérant à une peine pour adulte sous les 3 accusations de meurtre au premier degré et les 3 accusations de complot pour meurtre sous lesquelles il a plaidé coupable et l’ayant condamné à un emprisonnement à perpétuité . . . [more]

Posted in: Summaries Sunday

Summaries Sunday: Supreme Advocacy

On one Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all appeals and leaves to appeal granted, so you know what the S.C.C. will soon be dealing with (Mar. 17, 2017 to April 20, 2017 inclusive).

Appeals

Civil Law: Acquisitive Prescription

Ostiguy v. Allie, 2017 SCC 22 (36694)

The Code of Québec has not changed the process of acquisitive prescription, which may be set up against . . . [more]

Posted in: Summaries Sunday

GitHub Workflow and Legal Drafting

There are a few posts on Slaw about Git/GitHub and the law, including several posts by Tim Knight. In most cases, the discussion centers on using GitHub to publish legislation and track legislative changes. I promise this column isn’t merely a regurgitation of previous content.

On Slaw, and in any post on the Internet that talks about Git and legal content, the fact that some legal document has been posted on GitHub is seen as an indication that somebody is trying to make things more transparent or collaborative, or just trying to bring the law closer to technology.

I think . . . [more]

Posted in: Legal Technology

Budget 2017 Bill to Implement Employment Insurance and Canada Labour Code Measures

On April 11, 2017, the federal government introduced Bill C-44, the Budget Implementation Act, 2017, No. 1, omnibus legislation that would enact various measures outlined in its 2017 Budget. This article deals with the Bill’s amendments to Employment Insurance benefits under the Employment Insurance Act and similar measures under the Canada Labour Code. . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

The Cost of Justice (Research)

At the end of Rules for a Flat World[1], Gillian Hadfield offers five steps to improve how legal systems operate. In this post, I want to elaborate a little on the fourth of her recommendations: catalyze and fund research.

Hadfield describes the state of knowledge about legal infrastructure as “abysmal”. She notes the lack of data about how legal systems work and about who has access to them. She exhorts governments to collect more data about legal institutions and make this data available to researchers, making the case that more and better research is necessary to improve our . . . [more]

Posted in: Justice Issues

Thursday Thinkpiece: Jordan Furlong’s 3 Key Components of a Client Strategy

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

LAW IS A BUYER’S MARKET: BUILDING A CLIENT-FIRST LAW FIRM

ISBN: 978-0-9953488-0-6. 244 pgs. Softcover.
© Copyright 2017

Jordan Furlong

Excerpt: Chapter 10, pages 132 – 139.
[Footnotes omitted.]

____

When building a Client Strategy, your firm needs to employ the following three key components of your Client Strategy. These are practical, actionable . . . [more]

Posted in: Thursday Thinkpiece

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. Wall v Judicial Committee of the Highwood Congregation of Jehovah’s Witnesses, 2016 ABCA 255

[22] Accordingly, a court has jurisdiction to review the decision of a religious organization when a breach of the rules of natural justice is alleged. The respondent’s application raises numerous complaints regarding the process used by the appellants. He contends that he was not provided with particulars . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Canada’s Cannabis Act: A High Level Overview

The Cannabis Act, which will legalize the recreational use of cannabis across Canada, was unveiled by the federal government this past Thursday.

The Act is fairly dense, spanning 226 sections and 6 schedules. While there is a lot of content to digest in the Cannabis Act this is only the tip of the legislative-iceberg. Much of the new law will be encoded in the yet to be drafted federal regulations. Additionally, the provincial and municipal governments across the country have a large role to play as they have been explicitly given authority by the federal government to fill in . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

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 research, writing, and practice.

Practice

Building a Firm of Finders
Sharon VanderKaay

The need for heads-up entrepreneurial lawyers grows as heads-down commodity “grinder” work diminishes. How can we develop more “finders” who see fresh opportunities to attract clients on a daily basis? How can we accelerate this shift in mindset? How can we use every interaction to enhance the firm’s reputation for making clients feel they are in good hands? And how can traditional

. . . [more]
Posted in: Tips Tuesday

The IP Law Malpractice Claims Fact Sheet

With such a large amount of claims prevention information available in LAWPRO Magazine articles and practicePRO resources, we had the idea to create simple fact sheets that CPD providers and others could use in developing their program material for specific areas of law. The latest in our series of “malpractice claims fact sheets” covers IP law.

The fact sheets include quick claims facts, the main causes of claims against lawyers, hot topics in the particular areas of law, tips for avoiding claims and links to practicePRO resources. The sheets can also be used as program inserts in their . . . [more]

Posted in: Practice of Law