December, 2014 Archives – Slaw
Canada’s online legal magazine.

Archive for December, 2014

Buying a House? Better Get a Home Inspection

A recent decision  provides another reminder of why prudent homebuyers should always insist on a home inspection.

The buyers agreed to purchase the property without making the sale conditional on a home inspection. However, the contract did include the right for the buyers to have two more viewings prior to closing.

During one of those viewings the buyers brought a family member with them who had experience in the construction industry to function as a home inspector. During the visit the family member, based on what he saw and was told from the seller and her partner, wondered whether there . . . [more]

Posted in: Case Comment

Ontario Reintroduces Its Anti-SLAPP Bill

The Attorney General of Ontario today reintroduced the Protection of Public Participation Act, now Bill 52, which as Bill 83 in the last session of the Legislature completed second reading but died when the election was called. Here is the news release.

The bill – if passed – will provide a fast-track motion by which a court could decide if a case involving expression on a matter of public interest should continue. Cases (such as defamation actions) will be allowed to continue if there are grounds to believe that they have technical merit and if the harm caused . . . [more]

Posted in: Justice Issues, Substantive Law

Of Parent-Child Connections and Next-Gen Tools for Family Law Professionals

While the adversarial system has its strengths, few would argue that its impact is particularly positive in the lives of children after separation.

When I practiced a mix of civil and family litigation, a mentor of mine often said that “law is a substitute for warfare.” Bellicose terms like “A Litigators Arsenal” abound in the world of litigation, and comparison between legal and martial strategy and theory can get pretty deep (e.g. think Antonin Pribetic and his paper on strategic functionalism and Sun Tzu’s The Art of War, which preceded his award-winning blog, Trial Warrior). But . . . [more]

Posted in: Justice Issues, Miscellaneous

Digging Into Linked Parliamentary Data Project

I was just reminding myself of this project and thought others might be interested. Digging into Linked Parliamentary Data was one of fourteen projects funded by the 2013 Digging into Data Challenge. This is a collaborative project including the University of Amsterdam, the History of Parliament Trust, the Institute of Historical Research, University of London, King’s College London, and the University of Toronto. . . . [more]

Posted in: Legal Information

Achieving the Fundamental Goal of the Civil Justice System

Justice David Brown delivered a paper on 21 November 2014 at the Carleton County Law Association Annual Meeting in which he sets out a 5 point action plan for moving the judicial system towards achieving its fundamental goal – the fair, timely and cost effective determination of civil cases on their merits.

You can read it here: 2014.Carleton.Cty.LA.final.Mt.Tremblant.nov

This is “Part 2” to the paper Justice Brown presented last June at the OBA end of term dinner on creating a sustainable civil justice system. (My post on it is here.)

It offers some concrete solutions to some of the . . . [more]

Posted in: Practice of Law: Future of Practice

Use the Spirit of the Holiday Season to Improve Your Networking

The holiday season is here, and that means most of us will be doing a lot of networking, whether formally or informally, at office holiday parties, bar association events, family functions and get-togethers with friends, neighbors and colleagues.

While attending these festivities, we shouldn’t lose sight of the fact that the spirit of the holidays is really all about giving to others and being thankful for our blessings. Keeping these seasonal sentiments in mind can improve your networking.

Be a giver: Focus on others and how you can help them

Successful networkers know that the basis of solid relationship building . . . [more]

Posted in: Legal Marketing

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 sixty 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. Canadian Appeals Monitor 2. BC Injury Law And ICBC Claims Blog 3. FamilyLLB 4. DroitDu.net 5. Clio Blog

Canadian Appeals Monitor
What tangled webs we weave: The BCCA provides guidance on the tort of deceit and exclusion of liability clauses

The British Columbia Court of Appeal’s decision in Roy . . . [more]

Posted in: Monday’s Mix