Canada’s online legal magazine.

Archive for August, 2018

When Does the Limitation Period for a Wrongful Dismissal Claim Start?

In a recent decision, the Ontario Court of Appeal clarified that the limitation period for a wrongful dismissal claim does not start at the end of employment, but rather as soon as working notice is provided. . . . [more]

Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Thursday Thinkpiece: Rudin on Accommodating Indigenous Cultural Practices in Court

Periodically on Thursdays, 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.

Indigenous People and the Criminal Justice System: A Practitioner’s Handbook

Author: Jonathan Rudin
Foreword: The Honorable Justice Harry S LaForme, Ontario Court of Appeal
General Editors: Brian H. Greenspan and Justice Vincenzo Rondinelli

ISBN: 978-1-77255-304-8
Publisher: Emond Publishing
Page Count: 305
Publication Date: August, 2018

Regular Price: $115
Series Subscription Price: $100 . . . [more]

Posted in: Thursday Thinkpiece

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. Toure v. Canada (Public Safety & Emergency Preparedness), 2018 ONCA 681

[26] The question regarding any issue in immigration habeas corpus matters, other than in the case of lengthy detentions of uncertain duration, will be, whether there is a complete, comprehensive and expert alternative remedy that is as broad and advantageous as a habeas corpus application: Chhina v Canada (Public Safety . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Public Interest Regulation: Governance Reform at the Law Society of Ontario

The Law Society of Ontario (LSO) has launched a call for comments on potential governance reforms. Reform is long overdue. The governance of the LSO is archaic and in no way approximates the structure of a modern, effective board. To its credit, the LSO appears to recognize the problem and is attempting to move towards modernizing its governance.

There are currently 90 members of “Convocation” – the archaic name for what is supposed to be a Board of Directors at the LSO. These 90 consist of 45 elected licensees (40 lawyers and five paralegals), 8 lay benchers appointed by the . . . [more]

Posted in: Practice of Law

26 Cannabis Companies Sign Supply Agreements With Province of Ontario

Yesterday, the Ontario Cannabis Store (the “OCS“), which will initially be the province’s sole retailer (and later will morph into a wholesaler), announced that it has entered into supply agreements with 26 federally licensed producers after having completed its first competitive product call.

Patrick Ford, President and Chief Operating Officer of the OCS, noted that the agreements allow the province to “safely and securely provide a broad variety of cannabis products to adult consumers when online sales begin” on October 17, 2018.

Although the details of particular products and sizes have not yet been released, the OCS stated . . . [more]

Posted in: Miscellaneous

Five New Pillars of U.S. Trade Policy (A.k.a. the “Poison Pills”)

Canadian business is navigating through a period of growing uncertainty in terms of both global politics and trade, and faces unprecedented challenges with respect to marketing, production and investment decisions. In the current climate, the Government of Canada’s policy can be summarised in the words of Minister Chrystia Freeland: “Hope for the best, plan for the worst.”

A review of the apparently fixed U.S. position in the NAFTA negotiations is both telling and discouraging for the future of the agreement and North American trade. Canada’s early “charm offensive” led by the Prime Minster, combined with an engagement strategy tied to . . . [more]

Posted in: Administrative Law

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 practice, research, writing and technology.

Practice

Sometimes You Have to Spend Money to Make Money
Sandra Bekhor

As a lawyer, you identify with being a professional. Strongly and consistently. Perhaps, not as much with being a business person (even if you play a leadership role at your firm)? Most of the time, that’s just fine. Some of the time, it’s not. …

Research & Writing

CAPS
Neil Guthrie

Not hats: capital letters (or, in . . . [more]

Posted in: Tips Tuesday

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. Rule of Law 3. Wise Law Blog 4. Ontario Condo Law Blog 5. Kate Dewhirst

Canadian Appeals Monitor
Appellate Court Overturns Certification of Defendant’s Counterclaim

In Thorne v. College of the North Atlantic, 2018 NLCA 33 (“Thorne), the

. . . [more]
Posted in: Monday’s Mix

The Limitations of Student Evaluations

Teaching isn’t easy. It can be rewarding, fulfilling, and at times challenging, but is also considerably variable between instructor to instructor.

In the interest of providing high quality education, most post-secondary institutions use a variety of metrics to ensure that the best instructors are attracted and retained to their schools, to help best optimize the educational experience. One of these tools are student evaluations in teaching (SET), where the individuals who are regularly exposed to the instructor are provided the most direct form of input about the pedagogical tools employed.

As any instructor will tell you though, not all educational . . . [more]

Posted in: Education & Training: Law Schools, Substantive Law: Judicial Decisions

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) : La juge de première instance a commis une erreur de droit en évaluant la crédibilité de l’appelant sur la base de préjugés et de stéréotypes; un nouveau procès est ordonné, cette erreur ayant irrémédiablement compromis l’équité du procès.

Intitulé : Robbins c. R., 2018 QCCA 1181
Juridiction . . . [more]

Posted in: Summaries Sunday

TWU or Not TWU – That Was the Question

While it is still early days, it is probably safe to say that if the Trinity Western 2018 decision[1] becomes a long-standing case of note, it will be because of its significance regarding Charter principles and not because of the role it played in the furtherance of administrative law.[2] Most of the ink (or electrons) spilled in the months and years leading up to the recent Supreme Court of Canada decision was not because Canadians – lawyers and lay-people alike – were anticipating the latest pronouncement on standard of review or procedural fairness or jurisdiction. The primary interest . . . [more]

Posted in: Administrative Law

Former Employer Accountable for Undiscovered Disability Claim

Reversing the trial judge’s decision, on April 19, 2018, the Court of Appeal for Ontario concluded that an employee can still benefit from a former employer’s long-term disability coverage despite discovering the disability while working for a new employer. The exclusionary language did not limit the long-term disability coverage to current employees, and was extended by the Court to apply to undisclosed disability claims that arose during employment.

Was the former employer really accountable to provide LTD coverage even after the employee quit? Here’s what happened: . . . [more]

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