Canada’s online legal magazine.

Archive for September, 2015

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. FamilyLLB  2. Susan on the Soapbox 3. Henry J. Chang’s Canada-US Immigration Blog  4. Legal Feeds  5. First Reference Talks

More On Whether a Kid Can Launch His or Her Own Child Support Claim Last

Last year we wrote about a case in which a now-16-year-old girl had . . . [more]

Posted in: Monday’s Mix

Opposition to Green Party Through Debate Exclusion

The Green Party of Canada has a filed a complaint with the Canada Revenue Agency over its exclusion from the upcoming Munk Debate on Sept. 28, 2015.

The party claims that by not allowing them to participate in the debate, the Aurea Foundation, the registered charity organizing the event, is in violation of the Income Tax Act. The party meets the definition of a political party under s. 149.1(6.1)(c) of the Act.

In a news release earlier this year, the Munk Debate organizers stated,

There are two ways in which someone is a leader of a party in

. . . [more]
Posted in: Miscellaneous

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) : Reconnus coupables d’avoir pris part à une émeute et d’avoir séquestré plusieurs personnes au poste de police de Kanesatake lors d’événements survenus en janvier 2014, les appelants voient leurs verdicts de culpabilité confirmés.

Intitulé : Conway c. R., 2015 QCCA 1389
Juridiction : Cour d’appel (C.A.), Montréal, . . . [more]

Posted in: Summaries Sunday

The Friday Fillip: Lawyer, Guns, and Money

For the next while the Friday Fillip will be a chapter in a serialized crime novel, usually followed by a reference you might like to pursue. Both this chapter of the book and the whole story up to this point can be had as PDF files. You may also subscribe to have chapters delivered to you by email.


Chapter 29
Lawyer, Guns, and Money

The odour was complex, an olio of scents now uncommon. All the woods: sweet cedar, rosewood with its attar, dark and mossy mahogany, cherry, walnut. Then the fungal, metallic tang

. . . [more]
Posted in: The Friday Fillip

Thomson Reuters Labs in Waterloo Research Partnership

Cloaked in several “cliches and meaningless metaphors” (in the words of a colleague) is an announcement of a research partnership intended to improve access to “Thomson Reuters vast and unique datasets”. This could lead to significant developments in legal research. Then again maybe just cliches and….

Thomson Reuters to launch data and innovation lab in Waterloo, Ontario
By GlobeNewswire, September 16, 2015, 11:00:00 AM EDT

NEW YORK, September 16, 2015- Thomson Reuters, the world’s leading source of intelligent information for businesses and professionals, today announced the establishment of Thomson Reuters Labs – Waterloo Region, in Ontario, Canada. The Lab will . . . [more]

Posted in: Legal Publishing

Thursday Thinkpiece: A Barrister’s Perspective of the New Zealand Supreme Court, 10 Years In

Each Thursday 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.

The Supreme Court of New Zealand 2004-2013
© 2015 Thomson Reuters New Zealand
edited by Matthew Barber and Mary-Rose Russell, Senior Lecturers in Law, Auckland University of Technology

Excerpt: selections from Chapter 3: A Barrister’s Perspective by James Farmer QC

[Footnotes omitted. They can be found in the original via the link . . . [more]

Posted in: Thursday Thinkpiece

‘La Bâtonnière’ No More After Settlement With Quebec Bar Association

The Quebec Bar Association and bencher-elect Lu Chan Khuong have released a joint statement, indicating that Khuong has decided to resign her position and duties. The joint press release, dated Tuesday, September 15, 2015, announces a settlement agreement of the legal action opposing the board of directors of the Bar Association and Khuong. . . . [more]

Posted in: Practice of Law, Practice of Law: Future of Practice, Practice of Law: Marketing, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions

Ontario Court Takes Jurisdiction in Internet Defamation Case – Ho Hum?

The Superior Court of Ontario has recently held that an Israeli newspaper should face a defamation action in Ontario on behalf of an Ontario resident, since the newpaper’s website was read in Ontario. Goldhar v

The Court made short work of the ‘jurisdiction simpliciter’ argument, based on SCC decisions, and not much longer work, it would appear, of the forum conveniens arguments. It did order that the costs to bring the Israeli witnesses to Canada should be paid by the plaintiff.

Are these cases now routine? Is there any realistic chance for a defendant to avoid a trial . . . [more]

Posted in: Substantive Law: Judicial Decisions, Technology, ulc_ecomm_list

Privacy Panic Cycle

The Information Technology and Innovation Foundation has released their analysis of how privacy advocates trigger waves of public fear about new technologies in a recurring “privacy panic cycle.”

The report is an interesting read and makes some valid points. In general, people fear new things more so than things we are familiar with. Like the person who doesn’t fly much being nervous about the flight when statistically the most dangerous part of the journey is the drive to the airport.

While a privacy panic for emerging tech is indeed common, we can’t summarily dismiss that panic as having no basis. . . . [more]

Posted in: Substantive Law, Technology

A Time to Learn: Lawyers and Mental Health

Dealing with mental health issues like depression, stress and anxiety is fraught with age-old taboos, stigmas and obstacles to openness – and none of it gets any easier when your job is to be the calm voice of logic and reason in an argument. It might make good business sense to keep your concerns to yourself, but ignoring the issue – for example, depression, anxiety or stress – won’t make it go away.

They say acknowledging you have a problem is the first step to recovery, but how do you know whether you have the kind of problem that needs . . . [more]

Posted in: Practice of Law

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. Craig, 2009 SCC 23, [2009] 1 SCR 762

[1] Abella J. — The issue in this appeal is how to apply the forfeiture provisions for offence-related real property under ss. 16(1) and 19.1(3) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19.* Two interpretive approaches are possible. Neither is free from difficulty, but one is, it seems . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Criminal Charges Laid Against Nova Scotia Employer Under the Westray Bill

The former owner of an auto body shop in Dartmouth, Nova Scotia was recently charged with criminal negligence causing death under federal Bill C-45, colloquially known as the “Westray Bill.” The charges relate to a 2013 workplace accident where a car caught fire causing the death of a 58-year-old mechanic. This is the first charge under the Westray Bill against a Nova Scotia employer.

The Westray Bill was passed in 2004 and amended the Criminal Code to impose criminal liability on employers who fail to ensure the safety of their workers. The Westray Bill was created in the wake of . . . [more]

Posted in: Substantive Law: Legislation