Canada’s online legal magazine.

Archive for July, 2015

Adjudicators in the Community: New Frontiers in Apprehension of Bias

Justice Sopinka famously said (in 1989) that judges are not monks (although he should also have said nuns) and can have a role to play in their communities. He was writing in the (mostly) pre-internet era, where social interaction within communities was largely hidden from public view. With the prevalence of the internet, community involvement of judges and adjudicators has become more transparent. Two recent court decisions help to illustrate different views on how adjudicators can engage in their community — both in-person and virtually — and may help to focus a public discussion on reasonable limits to social media . . . [more]

Posted in: Dispute Resolution

LawNow Special Report: Self Represented-Litigants

In the most recent issue of LawNow, a publication of the Centre For Public Legal Education Alberta, there is a “Special Report” on self-represented litigants.

It includes 3 articles:

What Self–Represented Litigants (Actually) Want by Sarah Burton, a lawyer with the Alberta Civil Liberties Research Centre in Calgary: “Countless reports, working groups, and studies have asked this question, and reached diverse and creative conclusions. However, these papers often share one critical failing: none of them actually ask SRLs what they think. Enter the Self-Represented Litigants Project (Dr. Julie Macfarlane, “The National Self-Represented Litigants Project: Identifying and Meeting . . . [more]

Posted in: Justice Issues, Practice of Law

Privilege for Patent and Trademark Agents

More changes are coming to intellectual property legislation as part of the latest federal budget announcements. Changes have been announced for the Patent Act, the Trade-marks Act, the Copyright Act and the Industrial Design Act.

These changes follow an overhaul of the intellectual property legislation last year (see previous article) to make Canada’s legislation more consistent with international treaties. The implementing regulations from last year’s changes are still being developed with implementation not expected until late 2016.

The latest changes were announced in the Budget in April 2015 and the specific proposed amendments included in . . . [more]

Posted in: Intellectual Property

Be Heard: The Ontario Ministry of Labour Wants to Hear From You!

Public consultations commenced in Toronto on June 16th as part of the Ontario Ministry of Labour’s (“MOL”) implementation of the Changing Workplaces Review, and are expected to continue throughout the summer until mid-September.

The Changing Workplaces Review was announced earlier this year as part of MOL’s mandate to increase protection for workers and create a support environment for businesses to thrive. The review will consist of public consultations in regions across Ontario to address the changing nature of the modern workplace. The consultations will focus on potential amendments to the Labour Relations Act, 1995 (“LRA”) and the Employment . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law: Legislation

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. Sorochan v Bouchier, 2015 ABCA 212

[39] Thus, another equally plausible inference is that, given her age and the permanent and significant nature of her disability, it was not reasonable for the appellant to apply for Long Term Disability Benefits and meet its rehabilitation requirements with a view to someday returning to the classroom. It is far from certain that she . . . [more]

Posted in: Wednesday: What's Hot on CanLII