October, 2017 Archives – Slaw
Canada’s online legal magazine.

Archive for October, 2017

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. Jarvis, 2017 ONCA 778

[103] Both the trial judge and the parties describe the expectation of privacy as an expectation that the teacher would not breach their relationship of trust by surreptitiously recording them without their consent. I agree with the respondent that this articulation conflates the two concepts of privacy and surreptitious recording, which are two separate requirements . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Tips Tuesday

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on research, writing, and practice.

Research & Writing

CBA’s Child Rights Toolkit
Ken Fox

Did you know that the Canadian Bar Association publishes toolkits in multiple practice areas? Today I want to tell you in particular about the Child Rights Toolkit that was launched just May 11 of this year. …

Practice

I Make a Good Income but Am I Really Wealthy?
Jackie Porter

According to Moneysense, earning the big bucks alone, doesn’t make you

. . . [more]
Posted in: Tips Tuesday

Letters in BC, Lawsuits in California, Demand That Fossil Fuel Companies Pay for Climate Costs

The past year has seen communities around the world dealing with major weather events. Here in Canada flooding in Quebec and unprecedented wildfires in BC displaced tens of thousands, while the southern U.S. and South East Asia suffered from intense storms. Forget about polar bears – these communities are the new face of climate change.

And it’s going to be costly. The Insurance Board of Canada has repeatedly warned that climate change is driving the costs of weather-related disasters ever upward, including after record breaking losses in 2016.

​”Severe weather due to climate change is already costing Canadians

. . . [more]
Posted in: Justice Issues

Court Grants City of Toronto Injunction Against Illegal Cannabis Dispensaries

A highly-anticipated decision was released by Madam Justice Pollak of the Ontario Superior Court on October 16, 2017, granting the City of Toronto an interlocutory injunction against illegal cannabis dispensaries and their landlords which prohibits the dispensaries from operating until a final hearing is conducted in December 2018.

In her 46-paragraph decision, Justice Pollak focused heavily on whether the balance of convenience fell in favour of granting the City’s requested injunction vs. allowing the dispensaries to remain open pending a final adjudication in December 2018.

Justice Pollak summarized the lengthy amount of evidence put forward by each side before stating . . . [more]

Posted in: Case Comment

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 more than 80 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. Condo Adviser 2. Family LLB 3. Canadian Privacy Law Blog 4. National Magazine 5. Michael Spratt

Condo Adviser
This is What the New Condo Tribunal May Look Like

There is still a fair bit of mystery surrounding the new Condo Tribunal, despite the fact that it is

. . . [more]
Posted in: Monday’s Mix

Earlscourt Legal Press at 20

One that got away

In my time at Carswell (now Thomson Reuters) I took a very aggressive approach to product development and was never very happy when an author signed with another publisher. Even more distressing was a decision by an author to go his or her own way and self publish a title that was originally published by Carswell. I always believed that publishing with an well established major legal publisher was the key to acceptance by the legal community and the key to commercial success. I was wrong.

One request by an author for the return of publishing . . . [more]

Posted in: Legal Publishing

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.

FAILLITE ET INSOLVABILITÉ : Les fiducies présumées créées aux termes de la Loi sur les régimes complémentaires de retraite, de la Loi de 1985 sur les normes de prestation de pension et de la Pension Benefits Act de Terre-Neuve-et-Labrador ne sont pas applicables à une restructuration effectuée aux termes . . . [more]

Posted in: Summaries Sunday

Good Old Hyperlinks

By the time I was figuring out my stance on artificial intelligence, the legal tech talk had already moved on to blockchain. So I decided to write about something even more outdated – hyperlinks.

Links are the backbone of (legal) information systems

In research information systems we use citation information heavily. In the legal field, the cited-citing connections allow us to group documents into smaller universes. This feature of legal information is being exploited by virtually all providers for use in hyperlinking, to create citators, to provide the ability to note-up documents, and to rank search results. Citations can be . . . [more]

Posted in: Legal Technology

Quebec’s Religious Neutrality of the State Bill Passed

An amended version of Bill 62, An Act to foster adherence to State religious neutrality and, in particular, to provide a framework for religious accommodation requests in certain bodies to foster respect for religious neutrality of the state and aimed in particular to frame requests for religious accommodations in certain organizations passed third reading on October 18, 2017, with a vote of 66-51. It is now awaiting royal assent to become law. . . . [more]

Posted in: Justice Issues, Miscellaneous, Substantive Law, Substantive Law: Legislation

On the LSUC Dialogue on Licensing, Pt 2: Where Is Access to Justice?

This blogpost addresses a second shortcoming in the foundational framing and materials for the Law Society of Upper Canada’s unfolding Dialogue on Licensing. In Part 1, I argued that the initial arguments and subsequent materials that have framed the Dialogue do not provide a clear or compelling demonstration of a ‘need for change’ in the current system for licensing of lawyers in Ontario. In this Part 2, I argue that a further shortcoming is a failure to adequately acknowledge the relevance of the ongoing inaccessibility of justice in Ontario. Proper recognition of access to justice issues could provide the . . . [more]

Posted in: Justice Issues, Practice of Law, Practice of Law: Future of Practice

Revisiting the Case for Project Management in Legal Practice

I hesitate to write further about project management in legal practice because there has been so much said about it, but I just finished my exam to be a “Project Management Professional” (PMP), and I want to share some thoughts on why it’s a good fit for legal practice and how it fits into legal information work.

There are many “projects” in law offices or libraries—offices get moved, IT systems get upgraded, and new systems generally get rolled out periodically, but those kinds of projects are not the reason I think it’s worth talking about project management in legal practice . . . [more]

Posted in: Legal Information

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. Zheng v Your New Car Calgary Inc, 2015 ABQB 121

[17] The Plaintiff refers to Bhasin v. Hrynew, 2014 SCC 71 (CanLII), 2014 Carswell Alta 2046 (S.C.C.), Spartek Systems Inc. v. Brown, 2014 Carswell Alta 1496, (Q.B.), and Tirecraft ( supra). Bhasin deals with the duty of good faith in contractual dealings. The latter two cases provide some guidelines . . . [more]

Posted in: Wednesday: What's Hot on CanLII