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Archive for March, 2019

Federal Budget 2019 Employment and Payroll Related Measures

On March 19, 2019, the federal government tabled its election budget, the 2019-20 budget. The budget expects a deficit of $14.9 billion for fiscal 2018-2019 and forecasts deficits of $19.8 billion for 2019-2020 and $19.7 billion for fiscal 2020-2021. The budget does not include any personal or corporate tax rate changes; however, the budget does include measures of interest to employers and payroll (some paraphrase included): . . . [more]

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

Thursday Thinkpiece: Canadian Legal Professionals’ Information Activities–What Do They Do, and How Do They Tweet?

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.

Canadian Legal Professionals’ Information Activities: What Do They Do, and How Do They Tweet?
In Canadian Law Library Review 43:4

Hannah Steeves, Instruction & Reference Librarian at Sir James Dunn Law Library, Schulich School of Law, Dalhousie University

Excerpt: Two sections, Literature Review and Further Research, have been omitted, along with . . . [more]

Posted in: Thursday Thinkpiece

Ask an International Law Librarian

Have you ever had a difficult foreign, comparative, and international law (FCIL) question and didn’t know who to ask for help, where to begin to look, what resources to use? After consulting local resources first, including your nearest FCIL librarian, you can check GlobaLex legal research guides, contact FCIL specialists on the INT-LAW listserv, or consult with country/subject experts listed in the AALL FCIL-SIS Jumpstart directory and guide. And you can use “Ask a Librarian” services for reaching international legal information specialists such as Ask DAG, Ask a Law Librarian (of Congress) – and Chatbot?!, and Ask a (Peace Palace) . . . [more]

Posted in: Legal Information

The Road to Automated & Connected Cars Is Not a Straight One

It seems that everyone is doing studies or adopting positions on automated/connected cars these days. That is understandable given the potential ramifications on subjects including safety, ability to function in adverse weather, infrastructure, traffic, public transit, cybersecurity, data volumes, privacy, liability, insurance, ethics, and jobs.

Level 5 (fully autonomous) self driving cars may not arrive for many years. Depending on who you ask, they are somewhere between a couple of years and a couple of decades away. Level 2 (cars with some driver assist tech like automatic emergency braking and adaptive cruise control) cars are common today.

Transport Canada has . . . [more]

Posted in: Miscellaneous, Technology

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. Lam, 2019 BCPC 29

[108] Since I have found that Mr. Myers failed to provide reasonable assistance to Mr. Lam in the conduct of his defence, I must go on to determine whether it would be a miscarriage of justice to allow Mr. Lam’s guilty plea to stand. Not every act of incompetence by a lawyer leads to a . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Identity Management and Trust Services at UNCITRAL

A few years ago, the United Nations Commission on International Trade Law (UNCITRAL) was reported here to be considering a project on identity management and trust services. That report outlined some of the legal and practical issues that these matters raise, and some of the options for going forward.

To nobody’s surprise, UNCITRAL did adopt a project on this topic, and its Working Group on Electronic Commerce has been considering it since 2017. A list of the principal policy documents and records of the Working Group’s discussions is here.

Recently the UNCITRAL Secretariat has released two Working Papers in . . . [more]

Posted in: International law, Legal Technology

A Tale About Rehiring a Sexual Harasser: Who Wins and Loses?

Today’s “#metoo” climate and questions about when someone who has been accused of sexual misconduct, although not convicted of it, should be allowed back into the public sphere (to direct films, do comedy routines, assume an executive role in business or whatever) has been much in the media recently. Although not explicitly, a recent decision of the Ontario Court of Appeal tells us that even if the impact of someone’s return might have significant impact on a victim’s working — and broader — life, return may occur. The final result in Colistro v. Tbaytel 2019 ONCA 197 is not unlike . . . [more]

Posted in: Case Comment, 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 practice, research, writing and technology.

Research & Writing

Plain-Language Info on Canadian Copyright Law
Lesley Ellen Harris

Do you sometimes feel that there’s too much information out there? Do you wish there were a list of the top 5 to 10 online articles you need to read to get from point A to point B? These posts on Canadian copyright law provide a basic understanding of a variety of topics. …

Technology

Screenshot Entire . . . [more]

Posted in: Tips Tuesday

CUSMA/USMCA: The Poison Pills Revisited – a Scorecard

On November 30th, 2018, 16 months after the start of negotiations, the leaders of Canada, Mexico and the United States signed the Canada United States-Mexico-Agreement (“CUSMA”) or the United States-Mexico-Canada Agreement (“USMCA”)[1]. Signed on the margins of the G-20 Summit in Buenos Aires, the agreement is made up of 34 chapters and a dozen side letters. Ironically, it does not include the word “trade” in its title.

CUSMA/USMCA = NAFTA-Minus

In our previous article we addressed the continuing uncertainty that has been a central theme in the tough and sometimes divisive negotiations. The U.S. . . . [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. Lash Condo Law 2. Employment & Human Rights Law in Canada 3. SOQUIJ | Le Blogue 4. IP Osgoode 5. Timely Disclosure

Lash Condo Law
Condo Corporation Not Responsible for Parking Garage Vandalism – A Recent Case

In a recent case, Friedich v. MTCC No. 1018,

. . . [more]
Posted in: Monday’s Mix

No Tort of Harassment for You!

The common law in Ontario has proven relatively adept at developing new torts, in particular in the area of privacy law, to change and adapt to relatively stagnant or unsatisfactory statutory developments.

Although the tort of intimidation has long been recognized as giving rise to a cause of action, as affirmed in cases such as Tran v. University of Western Ontario, the status of the tort of harassment has been much more divided.

The Supreme Court of Canada affirmed in the 1981 decision of Seneca College of Applied Arts and Technology v. Bhadauria that human rights legislation . . . [more]

Posted in: 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.

TRANSPORT ET AFFRÈTEMENT : Air Canada a commis une faute contractuelle en exigeant que les personnes handicapées ou obèses qui devaient voyager avec un accompagnateur ou qui nécessitaient un deuxième siège paient des frais supplémentaires pour ce siège additionnel.

Intitulé : P.A. c. Air Canada, 2019 QCCS 606
Juridiction :  . . . [more]

Posted in: Summaries Sunday