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Archive for January, 2019

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. Das v. George Weston Limited, 2018 ONCA 1053

[175] In the present case, the appellants assert that Loblaws assumed responsibility for the safety of the workers in Rana Plaza and anyone else attending there based on its relationship with New Wave. The argument for Loblaws’ assumption of responsibility is grounded in four essential factors: the incorporation of Loblaws’ CSR Standards into . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Thoughts on Advanced Directives for Assisted Dying

The enactment of Canada’s medically assisted dying legislation in June 2017 left three areas in particular outstanding: whether mature minors could seek a medically assisted death, whether medically assisted death would be available when the reason for seeking it is mental illness and whether an individual could provide for an advance directive for a medically assisted death when they were no longer able to consent.

Here I make some remarks about advance directives, using the report from the Council of Canadian Academies (CCA), which had been given the responsibility by the government to gather information about the three issues (the . . . [more]

Posted in: Miscellaneous

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.

Research & Writing

Printing Clean Versions of Web Pages
Susannah Tredwell

A very quick tip today: if you’re trying to print out a readable version of a web page, but the website doesn’t provide the content in a print friendly format, try using https://www.printfriendly.com to remove any extraneous information.

The Verb Summons: A ‘Horrible Expression’?
Neil Guthrie

Summons is one of those odd nouns that ends in –s in . . . [more]

Posted in: Tips Tuesday

What Does It Mean to Empower Your Clients?

To many clients, one of the key benefits of unbundled legal services is that clients have the opportunity to play a key role in solving their own legal problems. They appreciate the “partnership” approach between lawyer and client and say that they feel more “empowered”. Forrest (“Woody”) Mosten, the Father of Unbundling, says:

“Unbundling is based on a power-sharing between attorney and client as to how to handle the case and who will do the work. Also, unbundling and Collaborative Law both underscore client empowerment as the basis for these forms of legal services.”

An empowerment approach also helps . . . [more]

Posted in: Dispute Resolution

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. Kate Dewhirst 2. Administrative Law Matters 3. Vancouver Immigration Law Blog 4. Condo Adviser 5. Great LEXpectations

Kate Dewhirst
Health Privacy Update: Annual Statistical Report Portal Is Now Open

What does that mean? If you are not a health information custodian in Ontario – stop reading. If

. . . [more]
Posted in: Monday’s Mix

An Uber Decision on Arbitration Clauses

Rideshare companies like Uber have already completely transformed the transportation industry, but they are not without their detractors. As I first mentioned in 2017, a class action launched against the company, and has recently made its way to the Ontario Court of Appeal.

The Superior Court motion decision, summarized on Slaw here, relied on the Arbitration Act, 1991, the International Commercial Arbitration Act, 2017and case law such as Seidel v. TELUS Communications Inc., Wellman v. TELUS Communications Company, and Douez v. Facebook, Inc.to stay the action in favour of a mandatory . . . [more]

Posted in: Substantive Law: Judicial Decisions

Friday Roundup: Slaw Jobs

Each Friday, we share the latest job listings from Slaw Jobs, which features employment opportunities from across the country. Find out more about these positions by following the links below, or learn how you can use Slaw Jobs to gain valuable exposure for your job ads, while supporting the great Canadian legal commentary at Slaw.ca.

Current postings on Slaw Jobs (newest first):

. . . [more]
Posted in: Friday Jobs Roundup

Open Access for Law Book Content

It was in my role as a director of Dunedin Academic Press that recently and with some trepidation, I attended a series of workshops on open access (OA) in relation to scholarly monographs. Issues surrounding open access, as they apply to the academic journals market are now substantially rehearsed but they are less so in relation to books and the various markets for them. While most of the discussion and progress made thus far is in the academic market and primarily in such fields as humanities and social sciences, it certainly made me ponder, perhaps with a degree of anxiety, . . . [more]

Posted in: Legal Publishing

Blockchain? Probably Not.

Most of what you are being told about the future of blockchain in the legal profession is nonsense.

Don’t get me wrong. Blockchain is very cool. And I am the furthest thing from a luddite you will find in the legal profession. I’m a part-time LLM student at the University of Alberta Faculty of Law and Department of Computing Science studying the automation of legal reasoning. I’m an ABA Innovation Fellow for 2018/2019, writing open-source software to automate analogy to prior cases. I am an advocate for the adoption of technology in law.

So I’m enthusiastic about blockchain being adopted . . . [more]

Posted in: Legal Technology

2018 Clawbies and a Story About Omar

The 13th Canadian Law Blog Awards were announced this past Monday. If you haven’t done so already, please head on over to the Clawbies website to see our full list of winners.

I can tell you that this year’s Fodden Award for the “Best Canadian Law Blog” went to Michael Spratt and Emilie Taman’s groundbreaking podcast The Docket; and, that the three best new blogs were Moly LawJuriblogue, and Crossroads Family Law; and, the best Law Library Blog went to a former Slaw writer, David Whelan (O’Faolain).

[A side note for . . . [more]

Posted in: Announcements

What Is the Mandate of the Law Society?

The Law Society of Ontario has a duty to maintain and advance the cause of justice and the rule of law[1]. Does that mean that the Law Society is empowered to intervene in private litigation in order to advance the cause of justice? Is the Law Society is entitled to involve itself in judicial review cases where it is alleged that another administrative body has acted outside of its jurisdiction, or for improper purposes, in breach of the rule of law principle?

The Law Society has a duty to act so as to facilitate access to justice for . . . [more]

Posted in: Legal Ethics

Looking Ahead…if Only!

I never make “New Year’s resolutions” — I’m too old to think that they will come to fruition — but I have decided to identify five “wishes’ I have for Ontario and Canada more broadly in 2019: 1. stop all the studies and take action re A2J; 2. provide lessons to the premier about what the rule of law means; 3. allow advance directives for medically assisted deaths; 4. don’t diminish existing protection for children and youth; 5. revise the new Law Society of Ontario logo without too much delay. . . . [more]

Posted in: Miscellaneous