April, 2016 Archives – Slaw
Canada’s online legal magazine.

Archive for April, 2016

Judge Calls for Tenancy Law Reforms After Finding Tenant “Gaming the System”

An Ontario Superior Court Judge has expressed his hope that legislative changes will be made to stop unscrupulous tenants from “gaming the system”.

The facts of the case are straight forward and rather appalling.

The tenant entered into an agreement to lease a condominium in downtown Toronto starting in September, 2015. The rent for the first month cleared but the rent for October bounced. The tenant has not paid another cent since that time, although he continued to reside in the unit.

The landlord served a “Notice to End Tenancy Early for Non-Payment of Rent” on October 16, 2015. On . . . [more]

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

Avoid Problems on Motions for Removal as Lawyer of Record

LAWPRO defence counsel have reported to us they have seen an increase in motions to be removed as lawyers of record and that these motions are not always going as expected or desired. In some cases motion materials do not have the required evidence, providing either too little information, or too much information (i.e., confidential or privileged information is being disclosed). Lawyers are also saying that decisions on these motions have not always been consistent. Follow these steps to ensure you get the desired result by placing the required information before the court.

In Ontario, Rule 15.04 of the Rules . . . [more]

Posted in: Practice of Law

A Failure of the EDRM Model

The Electronic Discovery Reference Model has become something between a standard and an idée fixe in the e-discovery world.

One of the models the EDRM organization propagates is the EDRM Project Management Framework (courtesy EDRM.net):

Superficially, this looks terrific, hitting all the right buttons. Project management itself, wonderful. Communication, check. Plan before you execute, great. Change management, woo-hoo!

But… how does it measure up against the real world?

The main problem with diagrams of this sort is that they attempt to map that real world by eliminating complexity and complications rather than by providing patterns or techniques that support beneficial . . . [more]

Posted in: Practice of Law

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 seventy 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. IFLS  2. David Whelan 3. Family Health Law Blog  4. Canadian Class Actions Monitor  5. McElroy Law Blog

IFLS
Zilla Jones: On Ghomeshi, and representing men accused of sexual assault

One of the first questions I had to confront when I started practising criminal defence law was whether or . . . [more]

Posted in: Monday’s Mix

Courting Controversy: Substantive Equality and the New Court Challenges Program

Following through on their election promise, the Federal Government has committed to reinstating and updating the Court Challenges Program (“CCP”) after the Harper government cut the entire budget in 2006. The process is well under way, with funding promised in the 2016 Budget, stakeholder consultations and Parliamentary Committee hearings currently in progress.

In its previous iteration, the CCP was made up of two separate panels: a Language Rights Panel and an Equality Rights Panel. The program provided funding for court cases of national significance that had the potential to advance constitutional language or equality rights. Equality cases were . . . [more]

Posted in: Miscellaneous

Making Canadian Culture Go Viral

I’m not even sure who watches television any more.

Most of us stream content these days, and much of that content isn’t even Canadian. So why is our Federal government still spending millions of tax dollars subsidizing traditional media?

That’s a question Mélanie Joly, Canada’s new heritage minister, is asking Canadians. Yesterday she announced an open consultation “to strengthen the creation, discovery and export of Canadian content” in a new digital world. She told the CBC,

As we adjust to the realities of rapid technological advances and changing consumer behaviour, I am launching consultations to better understand the challenges

. . . [more]
Posted in: Substantive Law: Legislation, Technology

Summaries Sunday: Supreme Advocacy

On 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 and leaves to appeal granted, so you know what the S.C.C. will soon be dealing with (March 11, 2016 – April 13, 2016 inclusive).

Appeals

Administrative Law/Labour Law in Québec: Standard of Review
Commission scolaire de Laval v. Syndicat de l’enseignement de la région de Laval, 2016 SCC 8 (35898)

The principle that the . . . [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.

PÉNAL (DROIT) : Aucun droit d’appel n’est prévu au Code criminel en ce qui a trait à une décision rendue en vertu de l’article 734.7 C.Cr, lequel prévoit la possibilité d’un emprisonnement sans délai pour défaut de paiement d’une suramende compensatoire

Intitulé : Chaussé c. R., 2016 QCCA 568
Juridiction . . . [more]

Posted in: Summaries Sunday

Restrictions Placed on Retired Judges Who Return to Practice Do Not Go Far Enough

Retired judges who return to court as counsel pose a serious threat to the perception of judicial impartiality, an issue that recently caught the attention of the Law Society of Upper Canada.

On January 28, the Professional Regulation Committee made a series of policy amendments to the Rules of Professional Conduct that deal with retired judges returning to practice.

Under the old Rule 7.7-1.4, judges who previously served on the Superior Court of Justice were permitted to appear in court as counsel after a three-year “cooling off” period. With the new amendments, retired Superior Court of Justice judges who want . . . [more]

Posted in: Justice Issues, Law Student Week

“The Fall of the Priests and the Rise of the Lawyers”

Not so long ago I had the great pleasure of being invited by the eminent lawyer, Professor Philip R. Wood, to discuss a book that he had nearly completed at that time, specifically as to which publisher might be most appropriate for what he had in mind. I was fascinated by what he described and was delighted to be able to point him in the direction of Hart Publishing, part of Bloomsbury Professional and in turn Bloomsbury Publishing. He was kind enough to include a reference to me in the book’s acknowledgements page.

Philip Wood CBE, QC (Hon) is head . . . [more]

Posted in: Legal Publishing

Making the Mental Transition From Student to Professional

This article is by Ian Hu, claims prevention and practicePRO counsel at LAWPRO.

As a law student I struggled with the transformation to become a professional. For years I had survived as an unkempt academic, free to meander about and philosophize high-mindedly about the meaning of life. It didn’t help that I was the youngest of my brothers and consequently the least responsible. See – I still can’t take responsibility for my lack of responsibility in my “youth”. In my hubris, I wanted to be judged on the delusional brilliance of my thoughts alone, not by other people’s standards. Little . . . [more]

Posted in: Law Student Week

Ontario Introducing New ORPP Legislation

On April 14, 2016, the Ontario government introduced new legislation to launch the Ontario Retirement Pension Plan (ORPP) legislation. Bill 186, Ontario Retirement Pension Plan Act (Strengthening Retirement Security for Ontarians), 2016 will ensure that if the Canada Pension Plan (CPP) is not enhanced, Ontario can proceed with the ORPP. However, the Ontario government says it remains committed to working with the federal government to enhance the CPP. . . . [more]

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