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Canada’s online legal magazine.

Former Employer Accountable for Undiscovered Disability Claim

Reversing the trial judge’s decision, on April 19, 2018, the Court of Appeal for Ontario concluded that an employee can still benefit from a former employer’s long-term disability coverage despite discovering the disability while working for a new employer. The exclusionary language did not limit the long-term disability coverage to current employees, and was extended by the Court to apply to undisclosed disability claims that arose during employment.

Was the former employer really accountable to provide LTD coverage even after the employee quit? Here’s what happened: . . . [more]

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

Towards Cyberjustice Retrospective, Part 3: Another Way to Resolve Legal Disputes

This is the third of a series of blogs, the first of which was published on February 12th, 2018, highlighting the various papers, studies, and pilot projects conducted by the Cyberjustice Laboratory throughout the course of its “Towards Cyberjustice” Project. Funded by a Major Collaborative Research Grant from the Social Science and Humanities Research Council, this seven-year project has finally drawn to a close and will be the subject of a detailed report to be released later this year. In anticipation of this upcoming report, this blog post will briefly describe its second chapter, which details the . . . [more]

Posted in: Dispute Resolution

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. R. v. Jordan, 2016 SCC 27

[1] Timely justice is one of the hallmarks of a free and democratic society. In the criminal law context, it takes on special significance. Section 11(b) of the Canadian Charter of Rights and Freedoms attests to this, in that it guarantees the right of accused persons “to be tried within a reasonable time”. . . . [more]

Posted in: Wednesday: What's Hot on CanLII

On the Importance of Language

If you are on this site, I can assume with reasonable confidence that you are already a wordsmith. I have always had an affinity for the label “wordsmith”, possibly because I am reminded of “blacksmith” and it conjures skills of which I have none. I do, perhaps, have some skills related to language, although I suppose this is also debatable. Notwithstanding, even from my humble position, I am both angered and ashamed by the comments of Ontario Minister of Social Services Lisa MacLeod and her dim view of the importance of language. In particular, her comments related to the Safe . . . [more]

Posted in: Miscellaneous

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.

Research & Writing

Canadian Law Journals on CanLII
Susannah Tredwell

As mentioned earlier this year, CanLII has been adding secondary materials to its database. If you’re looking for recent articles from Canadian law journals, CanLII now offers access to sixteen journals …

Technology

Use Sheet Shot Tools to Create Better Instructions
Luigi Benetton

A picture is worth a thousand words, and pictures of your device’s screen are no exception. . . . [more]

Posted in: Tips Tuesday

A New Call to Action to Improve Access to Justice

At a UN summit in 2015, world leaders identified 17 universal threats to the well-being, safety and advancement of people worldwide and to environmental sustainability. The result was the UN Sustainable Development Goals (SDGs). Officially in effect since January 2016, the SDGs aim to galvanize national and international efforts around an agenda that promotes equity, empowerment and certain fundamental rights and improvements. The target date to reach these goals is 2030.[1]

Notable for the justice community is the addition of Goal 16, which has the object to: “Promote peaceful and inclusive societies for sustainable development, provide access to justice . . . [more]

Posted in: Justice Issues

Privately Owned Cannabis Retail Coming to Ontario

In a dramatic about-face, the Ontario government announced today that privately owned cannabis retail will be coming to the province.

Under the newly-announced framework, the sale of recreational cannabis will initially be available only online in the province when the Federal Government brings the Cannabis Act into force on October 17, 2018. However, the provincial government will be implementing a privately owned retail framework which will be developed after consultation with a variety of stakeholders. These consultations are set to begin almost immediately.

Municipalities will have a large say over the shape of private retail in the province as the . . . [more]

Posted in: Substantive Law: Legislation

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. All About Information 2. Canadian Trade Law Blog 3. Family LLB  4. Canadian Legal History Blog 5. Canadian Combat Sports Law Blog

All About Information
Ont CA says doctor gross revenue information is not personal information

As reported widely, yesterday the Court of Appeal for Ontario affirmed

. . . [more]
Posted in: Monday’s Mix

Changing Foreign Policy Factors Could Affect Saudi LAVs Deal

It all started out with a tweet.

Canada’s Foreign Policy twitter handle expressed concerns with human rights issues in Saudi Arabia, a position that was neither new nor novel. The resulting twitter spat turned into a full-blown diplomatic crisis, with expelling of the Canadian ambassador by the Saudi government, freezing of assets, banning new trade with Canada, and sale of Canadian assets.

The relationship between Canada and Saudi Arabia is certainly complicated, but it hasn’t been this strained since the oil crisis of 1973. For all of the various trade matters between Canada and Saudi Arabia, the most . . . [more]

Posted in: Education & Training: Law Schools, Substantive Law: Judicial Decisions

Summaries Sunday: Supreme Advocacy

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 as well as leaves to appeal granted so you will know what the SCC will soon be dealing with (July 14 – August 10, 2018 inclusive).

Appeals

Criminal Law: Confidential Informer Information
R. v. Brassington, 2018 SCC 37 (37476)

Jurisprudence prevents piercing informer privilege unless the accused can show that his or her innocence . . . [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.

PROTECTION DU CONSOMMATEUR : L’article 260.35 de la Loi sur la protection du consommateur, qui oblige les fournisseurs de services Internet à bloquer l’accès aux sites de jeux d’argent en ligne non autorisés par Loto-Québec, est inconstitutionnel; il intervient dans 2 champs de compétence fédérale exclusive, soit les télécommunications . . . [more]

Posted in: Summaries Sunday

Why a Scent-Free Policy Not a Solution in the Detection of Cannabis Impairment

There is a recent article that suggested that implementing a scent-free or fragrance-free environment policy would help employers know if their employee is high at work from cannabis use, and what actions to take when they catch them high at work.

Most people are familiar with smoking dried cannabis in hand-rolled cigarettes, pipes or water pipes-but people can consume cannabis in many forms, including: “vaping”; eaten in cannabis-infused foods called “edibles” (e.g., cooking oils and drinks); applied as oils, ointments, tinctures, cream and concentrates (e.g., butane hash oil, resins and waxes); and of course, ingested as oral pills and oral . . . [more]

Posted in: Case Comment, Miscellaneous, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation