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Archive for May, 2018

Public Holiday Pay Calculations Will Change (Again) Effective July 1, 2018

On May 7, 2018, the Ontario government filed Ontario Regulation 375/18 under the Employment Standards Act, to change temporarily how public holiday is to be paid and calculated. In essence, the government is reverting back to the old formula that was in place before the Fair Workplaces, Better Jobs Act, 2017 (Bill 148) came into force January 1, 2018. . . . [more]

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

Number Three Million

In the first days of April, the Canadian Patent Office announced that it had allocated patent application number three million. This was the one millionth patent application since the ‘New Act’ Patent Act came into force in 1989.

Over the last several years, approximately 35,000 patent applications have been filed per year in Canada. The years with the highest annual filings were 2006 and 2008 when approximately 42,000 patent applications were filed.

The numbering for patent applications was restarted to two million starting when the ‘New Act’ came into force in October 1, 1989 for patent applications filed after that . . . [more]

Posted in: Intellectual Property

Are You Ready for PIPEDA’s Privacy Breach Recording Obligation?

In my last blog post I talked about the new privacy breach notification requirements coming under PIPEDA this November 1. I said that perhaps the most challenging aspect is a requirement to maintain a “record of every breach of security safeguards involving personal information under its control.”

Why is that so challenging?

Many large companies already have this kind of procedure in place. But most business do not. Maintaining a record sounds easy. But this is not so simple when you think it through. First, the business must create a procedure and educate its staff to recognize breaches and report . . . [more]

Posted in: 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. Toronto Star v. AG Ontario, 2018 ONSC 2586

[14] The Supreme Court of Canada has stated that “[a]ll law and law‑makers that touch the people must conform to [the Charter]. Tribunals and commissions charged with deciding legal issues are no exception.”[17] What needs to be determined is the effect of FIPPA in this regard. Do its substantive terms that weigh . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Reconciling Property Rights and Human Rights When It Comes to Knowledge. Part I.

I no sooner had a minor breakthrough of on my SLAW March 9th, 2018 blogpost – on Twitter and Infojustice Roundup – which proposed copyright reforms to increase public access to research, than I ran head-on into the realpolitik of such legislative measures. In the earlier blogpost, I had briefly set out reasons for Canada to be the first nation to use copyright reform to turn its open access research policies into a federally legislated human right to know. Then, little more than a month later here in California (where I teach), Assemblyman Mark Stone introduced a bill to . . . [more]

Posted in: Legal Publishing

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

Law Reviews, Journals, and Newsletters on CanLII
Law Society of Saskatchewan Library

Over the past few months, CanLII has been rapidly growing its collection of secondary sources, which now includes law reviews, journals, and newsletters. For more information on what’s available …


Does Your Law Firm Need a New Website?
Sandra Bekhor

Web design is a fast-moving field. Do these changes make you wonder if it’s

. . . [more]
Posted in: Tips Tuesday

The Never-Ending Debate: What Should Be Required in Order to Become a Lawyer?

The qualifications required of new Ontario lawyers has been the subject of virtually continuous debate for generations. Starting in the late 1950s, being called to the bar required (i) a law school degree, (ii) practical training through the bar admissions course and (iii) an articling apprenticeship. The bar admissions course came to an end in the 2000s. A law practice program (the LLP) has recently been added as an alternative to articling. The qualifications debate continues with the focus now being whether articling and/or the LLP should continue and, if so, in what form. The central question today is what, . . . [more]

Posted in: Legal Ethics

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 Appeals Monitor 2. First Reference 3. Le Blogue du CRL 4. Employment & Human Rights Law in Canada 5.Vancouver Immigration Law Blog

Canadian Appeals Monitor
Beer, Bedford, and beyond — the Supreme Court of Canada and the limits of precedent in R. v. Comeau


. . . [more]
Posted in: Monday’s Mix

The Deleterious Effects of Emphasizing Privacy Over Openness

The importance of privacy in our technologically driven society can never be overrated, but even then there are limits to the extent to which a free and democratic society can and should protect privacy interests.

The Freedom of Information and Protection of Privacy Act (“FIPPA”) received royal assent in 1987, coming into force in 1988. The Act was the result of the NDP conditional support of the Liberal minority government that would create new freedom of information and privacy protections, based on the 1980 report, Public government for private people : the report of the Commission on Freedom . . . [more]

Posted in: Justice Issues

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.

TRAVAIL : Même si l’entrevue d’embauche officielle n’était pas commencée, la représentante de l’employeur ne devait pas poser de question sur l’origine ethnique du nom du plaignant; il s’agit d’une question discriminatoire au sens des articles 18.1 et 10 de la Charte des droits et libertés de la personne. . . . [more]

Posted in: Summaries Sunday

Sad and Nervous or Depressed and Anxious: Is There a Difference?

I am one of a growing number of Canadians who find winters difficult. I don’t enjoy outdoor activities in the snow, I don’t like being cold, and the lessened daylight leaves me wanting to wrap up in a blanket and wait for Spring to arrive. Throughout January, February and March I grit my teeth, turn on my light therapy lamp, pop my Vitamin D, and remind myself it will all be better when Spring arrives.

Well, it’s Spring now (or at least that’s what the calendar says… mother nature seems to be hitting the snooze button). We are still waiting . . . [more]

Posted in: Practice of Law

New, Extended and More Flexible Statutory Leaves in British Columbia

On April 12, 2018, the British Columbia government granted third reading to Bill 6, Employment Standards Amendment Act, 2018 to better support working families by providing new, extended and more flexible maternity, parental and compassionate care leaves. The Act comes into force on the day it receives royal assent. Specifically, when enacted, the Bill will: . . . [more]

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