The Restoring Balance in Alberta’s Workplaces Act (introduced as Bill 32 and referred to as the Act) passed its final reading on July 28, 2020, and received royal assent on July 29, 2020. Some sections of the Act still require proclamation to come into force, however, most provisions come into force on assent or August 15 or November 1, 2020. . . . [more]
Bigger law firms are now providing an example of the solution to the access to justice problem (the A2J problem) that is the unaffordability of legal services for the majority of society that is middle- and lower-income people. Richard Susskind, (with son Daniel), in, The Future of the Professions (Oxford University Press, 2015) states (at p. 68): 
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More generally, larger firms are responding
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. Battiston v. Microsoft Canada Inc., 2020 ONSC 4286 (CanLII)
 However, Professor McCamus adds that sometimes, even with a signed agreement, inadequate notice of a particularly unfair term may render that term unenforceable, at p. 194:
In many contractual settings, it will not be expected that a signing party will take time to read the agreement. Even if the document is read, . . . [more]
Vendors of goods and services utilize standard form contracts to reduce or minimize transaction costs and to ensure consistency in the terms applied to similar transactions. Since such contracts are offered on a “take it or leave it” basis there is no ability to negotiate terms and they are described as contracts of adhesion. There is a tendency in contracts of adhesion for the vendor using the standard form to use terms that benefit the vendor and disadvantage the other party. That trend has increased in electronic commerce transactions especially at the business to consumer level as terms have become . . . [more]
Democracy has both what we might term formal or legal elements and philosophical components. While sometimes both are contemporaneous, at other times, only one accurately describes the state of play. The Ontario government’s Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (“Reopening Ontario Act” or “the Act”) illustrates this. Following several extensions of its emergency declaration under the Emergency Management and Civil Protection Act (“EMCPA”), Premier Doug Ford’s government enacted the Reopening Ontario Act ending the declaration of emergency yet containing provisions with an impact similar to that of the EMCPA. It eliminated the apparently annoying requirement . . . [more]
When I ask lawyers what their firm’s business goals are for the year, it’s shocking how few know the answer, often because those goals don’t exist. So, it’s understandable that when I ask those same lawyers for their personal business goals are, they don’t know those either. Firms have dabbled in requesting personal or practice group business plans, but that’s a difficult ask when the firm hasn’t done its own planning. It’s enough to make any lawyer wonder: is goal setting really necessary?
Most businesses would find that question absurd. They set goals and develop plans to achieve those goals . . . [more]
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.
Research & Writing
It happens in French too. A lawyer in Lyons (Lyon, to use the French spelling) complained recently on Twitter about contractual drafting like this: Par ailleurs, si l’Acquéreur envisagé en émet le souhait, celui-ci devra avoir la possibilité de… . . . [more]
Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.
Like deers caught
One of the greatest concerns of the economic impacts of the COVID-19 pandemic was that individuals who could not pay rent would be evicted from their homes, and many would be left homeless. Aside from the important social and moral significance of increased homelessness, there are important public health considerations as well.
For example, Perri et al. recently described in the Canadian Medical Association Journal how there is an increased risk of infection of COVID-19, as well as a higher risk of worse outcomes given the existence of comorbidities.
Ontario implemented a suspension of regular court proceedings, based on an . . . [more]
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.
Bergler v. Odenthal, 2020 BCCA 175
KEYWORDS: Secret trusts; intestate heirs;
~A secret trust may be established where, in addition to the usual requirement for the three certainties for creating a trust, two elements are made out on the usual civil standard of proof: a communication by the deceased to their devisee, legatee, or intestate heir, and acceptance by that person of the request that they will hold the . . . [more]
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.
PROTECTION DU CONSOMMATEUR : L’article 214.8 de la Loi sur la protection du consommateur est constitutionnellement valide et applicable à l’égard de Bell Canada, tandis que les articles 11.2, 11.3, 13 et 214.2 ainsi que l’alinéa 2 de l’article 214.7 le sont à l’égard de Telus Communications inc.
Intitulé : . . . [more]
The 2017 decision Pintea v Johns has been heralded as a watershed moment for self-represented litigants in Canada. In a very short decision written by Justice Karakatsanis, the Supreme Court endorsed the Canadian Judicial Council’s (CJC) Statement of Principles on Self-Represented Litigants and Accused Persons.
The Canadian Judicial Council’s statement on self-represented litigants sought to articulate proactive guidelines respecting judges’ responsibilities when hearing cases involving self-represented litigants. Recognizing the disadvantage to self-represented litigants who are not familiar with or understand the procedural and substantive law, the Statement of Principles was meant to provide guidance for judges, court administrators and . . . [more]