Canada’s online legal magazine.

The Walter Owen Book Prize Is Now Accepting Submissions

The Walter Owen Book Prize, awarded by the Canadian Foundation For Legal Research, recognizes exceptional legal research and writing that contribute significantly to Canadian legal literature.

The Prize, now $15,000.00, was created in celebration of the life of Walter Owen, Q.C., P.C., prominent member of the Law Society of British Columbia, former Lieutenant Governor of that province, past President of the Canadian Bar Association and founding President of what is now the Canadian Foundation For Legal Research.

ELIGIBILITY

  • A book, substantial in nature, which is an entirely new work (or a previous title’s complete revision), judged by the Prize Jury
. . . [more]
Posted in: Announcements

What Is the Clear Path to Law Firm Success? It’s Not Obvious

It doesn’t take too much reading to understand that technology is crucial to the success of any modern law firm. With the mergers and investments in LegalTech continuing to rise, law firms truly cannot invest too much in tech and innovation. I think we can expect to see the below example more often:

A law firm that does everything starts from scratch with founders having both deep business and legal expertise. They commit to being early adopters of technology. It takes spent three years and $5M in custom technology, but they are able to deliver on the vaunted promise of . . . [more]

Posted in: Legal Technology

Tuesday Tips

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

So Basic
Neil Guthrie

Basis is, basically, bad. Why, you ask? It’s one of those words that lawyers love to use, but one that renders their prose flabby and verbose. Instead of on a temporary/permanent/daily/whatever basis, just write temporarily, permanently, daily etc. While adverbs are not a hallmark of vigorous prose, a single word is better than four. …

Practice

Plug Into Law Podcasts
Emma Durand-Wood . . . [more]

Posted in: Tips Tuesday

Monday’s Mix

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.

This week the randomly selected blogs are 1. Robeside Assistance 2. Administrative Law Matters 3. Global Workplace Insider 4. Family LLB 5. SOQUIJ | Le Blogue

Robeside Assistance
Pan-Canadian Project to Translate Court Decisions

The following message was shared on the Canadian Association of Law Libraries listserv, and we think it might be of particular

. . . [more]
Posted in: Monday’s Mix

When the Badly-Behaved Party Is Opposing Counsel

We are hearing more and more often from SRLs about “sharp practice” when they face a lawyer on the other side of their case.

There are many common elements to these reports, which I find to be largely credible. SRLs believe that their unfamiliarity with the legal system, combined with the tendency of some judges to assume the worst of them – that their cases are without merit, or that they are “vexatious” and abusing the process when they make honest mistakes and misjudgments – is being exploited by counsel on the other side as a matter of strategy.

The . . . [more]

Posted in: Justice Issues

Implied Contract Between Students and Universities

The broad discretion of universities over resolving academic disputes has been clearly stated in Ontario in cases like Jaffer and Aba-Alkhail. The complex nature of such disputes means that the internal dispute resolution mechanisms within universities are usually the primary means to resolve such issues, though not necessarily the final one.

However, where a student’s claim goes beyond student evaluations, structure of the programs, competence of advisors, and other matters that are intrinsically academic, the situation is not necessarily so clear. The Ontario Court of Appeal recently weighed in on this further in Lam v. University of Western Ontario . . . [more]

Posted in: Substantive Law: Judicial Decisions

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) : Alexandre Bissonnette, qui s’est reconnu coupable sous 6 chefs d’accusation de meurtre et sous 6 chefs de tentative de meurtre, perpétrés lors d’un attentat à la grande mosquée de Québec, est condamné à une peine de détention à vie sans possibilité de libération conditionnelle avant 40 ans. . . . [more]

Posted in: Summaries Sunday

The Intersection of Family Law and Psychology: Exciting New Course Coming to Vancouver

The Continuing Legal Education Society of British Columbia has just published the details of a new continuing professional development program scheduled for 11 and 12 April 2019 in Vancouver. “A Deeper Dive: The Intersection of Family Law and Psychology 2019” features a multidisciplinary faculty and is open to both legal and mental health professionals throughout Canada.

Topics to be discussed include high conflict family law law disputes, the neurobiological effect of conflict on children’s development, parent-child attachment issues, developing parenting plans and new research on children’s experience of separation and wish to be involved in decision-making after separation. . . . [more]

Posted in: Education & Training: Law Schools, Legal Information

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

Oil’s Well Does End Well for Alberta Environmental Regulator

In August 2017, I reported that the SCC would hear an appeal from the Court of Appeal for Alberta (Orphan Well Association v Grant Thornton Limited, 2017 ABCA 124). The case related to the jurisdiction of a regulatory body, not in terms of its governing statute, but in terms of a classical constitutional law question and division of powers. The conflict – or apparent conflict – was between a provincial regulator’s authority on environmental matters and the federal government’s jurisdiction over bankruptcy.

This case involved Redwater, a bankrupt oil and gas company that owned over one hundred . . . [more]

Posted in: Administrative Law

Thursday Thinkpiece: Impaired Driving and Other Criminal Code Driving Offences–A Practitioner’s Handbook

Periodically on Thursdays, 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.

Impaired Driving and Other Criminal Code Driving Offences

Author: Karen Jokinen and Peter Keen
Foreword: The Honorable Joseph Di Luca, Superior Court of Justice
General Editors: Brian H. Greenspan and Justice Vincenzo Rondinelli

ISBN: 978-1-77255-292-8
Publisher: Emond Publishing
Page Count: 467
Publication Date: November, 2018

Regular Price: $115
Series Subscription Price: $100 . . . [more]

Posted in: Thursday Thinkpiece

No Going Back, So Why Aren’t We Moving Forward?

When Dorothy realized she wasn’t in Kansas anymore, she stopped acting as if she were. As far as she knew, there was no going back.

In 2012, the American Bar Association amended its Model Rules of Professional Conduct to confirm that a lawyer’s duty of competence includes awareness of “benefits and risks and associated with relevant technology” to legal practice. 35 states (including Kansas!) have since adopted the requirement into their own rules of professional conduct. Meanwhile, in Canada, our law societies aren’t moving with any sense of urgency. Consultations on the question began in 2017, but don’t expect guidance . . . [more]

Posted in: Practice of Law