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Archive for July, 2019

Picturing the Law, Part Two: Collecting Illustrated French Law Codes

Recently, Becky Beaupre Gillespie, the University of Chicago Law School Director of Content, published a story on the collection I’m building titled “The Cartoonists’ Guide to Law: D’Angelo Law Library’s New Collection of Illustrated Legal Codes Offers Insight into Statutes and Society” (July 8, 2019)(also published at the University of Chicago Library News site, July 18, 2019). It is the culmination of several years of trying to hunt down and acquire hard to find copies of foreign law codes illustrated by Joseph Hémard and others.

So, how did I go about identifying and acquiring these illustrated law codes? . . . [more]

Posted in: Legal Information

Friday Jobs Roundup

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

Years Spent as Contractor to Be Included in Calculation of Reasonable Notice

A recent decision of the Ontario Superior Court in Cormier v 1772887 Ontario Ltd., 2019 ONSC 587 (CanLII) involved the number of years of service that were included in the calculation of notice, whether a termination clause was valid, and also if inappropriate deductions were made from the employee’s pay.

Quick facts

The employer operated a business across Canada that involved marketing and advertising.

A long-time employee (with almost 23 years of service) was dismissed without cause and claimed $136,577.75 in damages for wrongful dismissal. In her claim, the employee submitted that she was entitled to 24 months of . . . [more]

Posted in: Case Comment, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions

Thursday Thinkpiece: The Risks of Technology in the Law Classroom

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.

The Risks of Technology in the Law Classroom: Why the Next Great Development in Legal Education Might be Going Low-Tech

(2018) 51:3 UBC L REV 773

Nikos Harris, Q.C., Instructor, Director of Experiential Learning, Peter A. Allard School of Law, University of British Columbia

Excerpt: Introduction (pp 773-775), “Implementing a Low-Tech . . . [more]

Posted in: Thursday Thinkpiece

Book Review: Regulating Reproductive Donation

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Regulating Reproductive Donation. Edited by Susan Golombok, Rosamund Scott, John B. Appleby, Martin Richards, and Stephen Wilkinson. Cambridge: Cambridge University Press, 2016. xii, 382 p. Includes bibliographic references and index. ISBN 978-1-107-09096-5 (hardcover) $143.95.

Reviewed by Jennifer Walker
Head Librarian
County of Carleton Law Association
In CLLR 43:1

Few topics . . . [more]

Posted in: Book Reviews

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. Blake v. Blake, 2019 ONSC 4062

[32] As to counsel’s obligation to inform the court as to relevant authorities, two principles emerge: (1) where lawyer knows of a relevant authority, the failure of the lawyer to inform the court of that authority could be seen as an attempt to mislead the court; (2) where a lawyer does not know about authority, ignorance . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Intellectual Property Licenses in Bankruptcy Scenarios

Intellectual property licenses will have additional certainty regarding their status when recent amendments to the Bankruptcy and Insolvency Act and Companies’ Creditors Arrangement Act come into force. Licensees may preserve rights under intellectual property license agreements, as long as they continue to perform their obligations even if the licensor goes through insolvency, bankruptcy or arrangement in various circumstances.

These changes were included in Bill C-86 Budget Implementation Act that received Royal Assent in December, 2018. These changes add to changes that were implemented in 2009 that also addressed intellectual property license agreements.

The 2009 amendments (s. 65.11(7) of the . . . [more]

Posted in: Intellectual Property

How the Process of Decision-Making Might Affect the Result: The Example of a (Real Estate) Licence Appeal Tribunal Decision

An article in the real estate section of The Globe and Mail last Friday left me somewhat aghast at what appeared to be an outrageous denial of the Real Estate Council of Ontario’s (“RECO”) attempt to revoke the licence of one of its realtors. (This was no doubt what the writer, Shane Dingman, intended!) I checked out the actual Licence Appeal Tribunal (Safety, Licensing Appeals and Standards Tribunals Ontario) (“the Tribunal”) decision in Akbar Zarehhossainabadi, Kingsway Real Estate Ince. and Rouhollah Houshmand v. Registrar, Real Estate and Business Brokers Act 2002. The decision provides an informative example of how . . . [more]

Posted in: Case Comment

Law Librarian Salaries

The Canadian Association of Law Libraries and the Toronto Association of Law Libraries conducted a joint salary survey in 2018. The results are available on the CALL/ACBD website under Publications or from this link.

Earlier editions of a CALL/ACBD salary survey are also published and available.

My opinion: anytime you hire a law librarian you are getting plenty of expertise (most respondents had a ton of education), personal investment (lots of respondents with a ton of time with their current employer), and law librarians when compared to say, a first-year associate, don’t cost much at all (2013 average law . . . [more]

Posted in: Legal Information: Libraries & Research

A Step Towards the New NAFTA, Part 1: End Game or a Cease Fire?

On May 17, 2019, Canada and the United States announced the settlement of the cross-border steel and aluminum trade conflict. Both countries agreed to eliminate tariffs on their cross-border trade in steel and aluminum products. Mexico and the United States also settled the issue in the same way–with the reciprocal elimination of the tariffs.

We recall that in spite of the then-ongoing NAFTA re-negotiations, the Trump Administration imposed tariffs on steel and aluminum imports of 25% and 10%, respectively, from Canada in June 2018. This action was pursuant to section 232 of the Trade Expansion Act of 1962 on the . . . [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.

Research & Writing

Use CanLII to Confirm Citations
Susannah Tredwell

At work we are frequently asked how to cite a source using the McGill Guide. While most questions are fairly easy (“how do I cite Delgamuukw?”) the McGill Guide doesn’t always have an answer, e.g. “how do I cite an unreported tribunal decision?” or “how do I cite a type of government document [that isn’t listed in McGill]?”

Practice . . . [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. Susan On The Soapbox 2. Double Aspect 3. The Factum 4. Civil Resolution Tribunal blog 5. ABlawg.ca

Susan On The Soapbox
Mr Kenney’s Laundry List

In a manner befitting the serious business of governing, the Alberta UCP caucus celebrated the end of the spring session by jumping

. . . [more]
Posted in: Monday’s Mix