archive for January, 2011



When and How Can Lawyers Criticize Judges?

by John Gregory

January 21st, 2011

A lawyer's ability to complain to a judge about the judge's behaviour in court is about to be reviewed by the Supreme Court of Canada. The SCC will hear the… [more]

Canadian Elder Law Guide

by Michael Lines

January 21st, 2011

The Canadian Centre for Elder Law, a division of the BC Law Institute at UBC, has released A Practical Guide to Elder Abuse and Neglect Law in Canada:

This comprehensive resource includes… [more]

CATSA: Gunning for Your Granny

by Michael Lines

January 21st, 2011

On January 4 the Canadian Air Transportation and Security Authority caught their first terrorist with the new Rapiscan at the Calgary airport.
Sorry, did I say terrorist? I meant Granny.… [more]

The Friday Fillip

by Simon Fodden

January 21st, 2011

As with oatmeal cookies, pints of beer, and bags of wine gums, I keep coming back to them. Can't really stay away long. Oh, I go graphic as often as… [more]

Nothing marks the beginning of the year like RRSP season and a plethora of mutual fund ads boasting performance with imagery that suggests you could be sailing a fancy yacht… [more]

Bastarache Commission Report on Judicial Nominations in Quebec

by Michel-Adrien Sheppard

January 20th, 2011

Michel Bastarache, a former Supreme Court of Canada Justice, submitted his official report yesterday into allegations of influence peddling in the nomination of municipal and provincial court judges in Quebec.… [more]

R v. Chaytor and Parliamentary Privilege

by Simon Fodden

January 20th, 2011

At a meeting of lawyers yesterday, I heard one senior member refer to the decision of the Court of Appeal of England and Wales in R v. Chaytor… [more] [2010] EWCA

Freedom of Religion Not Fully Applicable to Civil Servants

by Yosie Saint-Cyr

January 20th, 2011

The Saskatchewan Court of Appeal recently released its decision as to whether marriage commissioners—as civil servants—can opt out of performing same-sex marriages. Why is this an issue? In 2004, the… [more]

The “New” Marketing

by Doug Jasinski

January 20th, 2011

Lawyers frequently lament to me that they wish they could focus on the practice of law, rather than being perpetually barraged with new and un-billable marketing and technology demands. There… [more]

CRTC Role in the New Anti-Spam Act

by David Canton

January 19th, 2011

I just listened to a teleseminar by the Canadian IT-Law Association on the Anti-spam act, primarily discussing the CRTC’s role. Here are a few points that were raised.
The act… [more]

Future International Work on E-Commerce

by John Gregory

January 19th, 2011

What are the pressing topics on which international law should be developed regarding electronic commerce? Are your clients running into difficulties, or areas of uncertainty, that could be resolved by… [more]

Although I have the benefit of a number of internal online research guides where I work, I occasionally find myself resorting to my free legal research and writing site.
However,… [more]

SlawTips      

SlawTips Top 10 Financial Errors: #7 Put Off Dealing With Underperforming Lawyers
Friday, January 27

When everyone in the firm is required to report monthly to all other partners, you instill a culture in the firm that is self-correcting. If someone fails to regularly meet their financial goals, you. […] »»

Practice

SlawTips Dig Deep
Wednesday, January 25

Today’s Tip: Dig Deep By deep, I mean the deep or invisible web.  According to Marcus Zillman, there are somewhere in the vicinity of 1 trillion plus pages of … »»

Research

SlawTips Top 10 Financial Errors: #6 Think You Don’t Need a Fee Agreement With Each Client.
Thursday, January 19

It is a huge financial mistake to not record in writing the very nature of the contractual relationship with each and every one of your clients. »»

Practice

noted on Slaw    

MLB Selected Case Summaries    

These summaries of selected recent cases are provided each week to Slaw by Maritime Law Book.
More information.

  • Administrative Law - Judicial review - General - Scope or standard of review

    Ten individuals complained to the Information and Privacy Commissioner that the Alberta Teachers’ Association (ATA) disclosed, in contravention of the Personal Information Protection Act, their personal information between October 13 and December 2, ...

  • Civil Rights - Property - Search and seizure - Search - What constitutes

    The accused was charged with possession of child pornography and making available child pornography. The accused brought an application, alleging several violations of his rights under the Charter.

    The Saskatchewan Court of Queen’s ...

  • Constitutional Law - Extent of powers conferred - Double aspect doctrine - General

    In provincial references, both the Alberta Court of Appeal (510 A.R. 200; 527 W.A.C. 200) and the Quebec Court of Appeal (2011 QCCA 591), concluded that the proposed Canadian Securities Act (CSA) was unconstitutional. A ...

  • Criminal Law - Procedure - Charge or directions - Jury or judge alone - Directions regarding evidence generally

    The accused was charged with breach of trust by a public official contrary to s. 122 of the Criminal Code. The trial judge acquitted the accused. ...

  • Civil Rights - Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Delay (Charter, s. 7)

    MacIntosh was charged on three informations with a total of 43 counts of sexual offences against nine complainants in the 1970s. The first information ...

  • Real Property Tax - Valuation - Business property - Considerations

    Two breweries’ respective properties were assessed as special properties under the Assessment Act, 2006. They appealed their respective municipal tax assessments to the Review Commissioner. The Commissioner dismissed the appeals. The breweries each appealed. The appeals ...

  • Barristers and Solicitors -Duty to court - General principles - Duty of integrity

    The applicant (Girao) and Allstate Insurance Co. disputed entitlements to accident benefits. The respondent law firm represented Allstate. Girao complained to the Privacy Commissioner of Canada (PCC) against Allstate for disclosing her ...

  • Criminal Law - Sentencing - Sentencing procedure and rights of the accused - Plea bargain or joint submission - Effect of

    The accused was sentenced to two years’ imprisonment for three breaches of a recognizance under s. 810.2 of the Criminal Code. He appealed and applied ...

  • Practice - Persons who can sue and be sued - Individuals and corporations - Status or standing - Class actions - Members of class - General

    The plaintiffs were Inuit or Métis persons who were forced to attend certain residential schools in Labrador and Newfoundland. They ...


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