February, 2018 Archives – Slaw
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Archive for February, 2018

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

An Ethical Jury? Reflections on the Acquittal of Gerald Stanley for the Murder/Manslaughter of Colten Boushie

We understand the ethical duties of lawyers and judges in a criminal trial – what they ought to do, what their office requires of them. Sure, we argue about the details (e.g., me on prosecutors), but in general we know what defence lawyers, prosecutors and judges ought to do. Yet as shown by Gerald Stanley’s acquittal by a jury on charges of murder and manslaughter after his admitted killing of Colten Boushie, lawyers and judges are not the only people relevant to the functioning of a criminal trial. Juries also hear evidence and decide outcomes.

So what of jurors? . . . [more]

Posted in: Legal Ethics

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.

Practice

Uncivil Conduct Can Be Cured With Civil Conduct
Ian Hu

For several years I worked in a small-ish town in a small-ish bar where everybody knew your name. Stepping into an examination for discovery was almost as familiar as stepping into Cheers. During an examination for a discovery of my client, defence counsel – a lawyer who was typically patient and good-natured – became frustrated and raised his voice.

. . . [more]
Posted in: Tips Tuesday

Canada-EU – Old Ties, New Trade Partners

For Canadian business, the threat of U.S. withdrawal from NAFTA is the biggest and most immediate challenge. Without progress that satisfies the U.S. Administration, the current NAFTA negotiations may end with the U.S. issuing a Notice of Withdrawal that starts the six month clock on formal U.S. withdrawal from the Agreement and the market uncertainty that will likely follow.

Canada can and will survive the U.S. withdrawal from NAFTA. Canada and the U.S. have deep economic ties and market integration that will result in trade between the countries continuing, but on different terms. To address the problem of dependence on . . . [more]

Posted in: Administrative 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 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. Canadian Securities Law 2. Michael Geist 3. Employment & Human Rights Law in Canada 4. University of Alberta Faculty of Law Blog 5. Risk Management & Crisis Response

Canadian Securities Law
Proposed Change to IIROC Minimum Dealer Member Fee

In an effort to simplify part of the

. . . [more]
Posted in: Monday’s Mix

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 as well as leaves to appeal granted so you will know what the SCC will soon be dealing with (January 1 to February 16, 2018 inclusive).

Appeals

Aboriginal Law: Pre-Confederation Fiduciary Breaches
Williams Lake Indian Band v. Canada (Aboriginal Affairs and Northern Development), 2018 SCC 4 (36983)

The Tribunal reasonably found that . . . [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) : Dans le contexte d’une enquête criminelle et des accusations criminelles portées contre les six coaccusés, dont font partie Nathalie Normandeau et Marc-Yvan Côté, le tribunal refuse d’autoriser la divulgation par les journalistes Marie-Maude Denis et Louis Lacroix de renseignements ou de documents révélant leurs sources journalistiques ou . . . [more]

Posted in: Summaries Sunday

Law Student-Led Legal Research Day Supports Environmental Law Reform

Students of the UVic Environmental Law Club contribute the following guest post. They discuss their initiative to conduct an all-day legal research event, putting their learning of the legislative research process toward a public interest effort. The event was inspired by a national student-driven research event on another issue a year ago. We thank Slaw’s Kim Nayyer for coordinating this submission.

Friday February 2, 2018, the UVic Environmental Law Club coordinated a full day research-o-thon involving more than 50 law students from UVic. The event: “Mining Law in BC – Digging up a Dirty History” focused on the history of . . . [more]

Posted in: Education & Training: Law Schools, Legal Information: Libraries & Research, Substantive Law: Legislation

Should Law Firms Advertise?

In my column about content marketing, I described it as: “relevant, useful information consistently provided to a specific audience” and likened it to the opposite of advertising. Does that mean that advertising is irrelevant and useless?

Done poorly, yes. Done properly and targeted to the right people, no.

In the average law firm, if there’s a firm marketing budget, it’s lean and includes everything from event tickets to holiday cards. Lawyers may or may not have individual business development budgets, which they guard jealously for pet projects that they’ve always done—without tracking results. The firm might still be running . . . [more]

Posted in: Legal Marketing

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. Bergeron v. Movati Athletic (Group) Inc., 2018 ONSC 885

[12] At the heart of the present case is the interpretation of the termination clause in Ms. Bergeron’s Employment Agreement. The question is whether or not Ms. Bergeron is entitled to be paid in accordance with the termination clause or based on common law reasonable notice.

(Check for commentary on CanLII . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Upholding the Law of the Land

When it comes to implementing the recommendations of the Truth and Reconciliation Commission, lawyers have unique responsibilities; Calls to Action 27, 28, 29 and 50 are particularly instructive. Today, my colleague Maxine Hayman Matilpi and I reflect on what this means for us as legally trained individuals, our public interest law organization and legal pluralism in Canada.

Trish Monture asserts in Thunder in My Soul: A Mohawk Woman Speaks:

Every oppression that has been foisted upon Aboriginal people in the history of Canada has been implemented through [colonial law] . . . This includes child welfare apprehension, residential schools,

. . . [more]
Posted in: Justice Issues

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

It Could Go Either Way
Neil Guthrie

English is a very difficult language to learn – and not just for those whose mother tongue is something else. Native speakers may, in fact, have a harder time, because they may have picked up the rules (more or less accurately) by osmosis, rather than having them clearly articulated. This is complicated by English spelling, which is fluid. Before the

. . . [more]
Posted in: Tips Tuesday