Canada’s online legal magazine.

Archive for October, 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. Semeniuk v Ron’s Bobcat Service, 2016 ABPC 231

[10] The term “burden of proof” is used to describe two distinct concepts: in its first sense, the term refers to the obligation imposed on a party to prove or disprove a fact or issue and in the second sense, it refers to a party’s obligation to adduce or point to evidence on . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Making Mischief With Open-Source Legal Tech: Radiant Law

Alex Hamilton is smiling on his couch in London, chatting with me over Skype. It’s early here in Alberta, late afternoon there. He takes a draw from what looks like a vape pen and grins widely, his eyes raised toward the ceiling. He looks back at the camera on his laptop.

“I think we can make some mischief,” he says with a twinkle in his eyes.

Hamilton is the CEO of Radiant Law, a “NewLaw” firm with offices in London, England and Cape Town, South Africa. In Canada, they have a partnership to Conduit Law called ConRad. Radiant

. . . [more]
Posted in: Technology

Why Publish With CanLII?

Publishing can sometimes feel like a daunting prospect. Today, we have the ability to make information available to the world easier than ever before, bringing the process of publishing closer to it’s authors. At CanLII, we want to make sure our process is visible, approachable, and maintains a high standard, so that authors can be excited to use our platform, participate in our programs, and feel proud to share their work.

We’re ready

Over the past year, CanLII has gone through some changes. Internally, our team has grown, with a focus on publishing and increasing awareness of our collection and . . . [more]

Posted in: Legal Information

CFCJ Releases Report on “Investing in Justice”

Investing in Justice – A Literature Review in Support of the Case for Improved Access, recently released by the Canadian Forum on Civil Justice, summarizes the “existing research and data on return on investment for justice services provided by civil society organizations, governments and private sector groups to communities and diverse populations worldwide”. (Disclosure: I sit on the Board of Directors of the CFCJ.) . . . [more]

Posted in: Justice Issues, Reading: Recommended

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

O or Oh?
Neil Guthrie

On a recent Canada Day, someone on LinkedIn referred to O’Canada, which is clearly wrong. (O’ is confined to Irish surnames, where it is the anglicised version of the Gaelic Ó or Ua, meaning ‘descendant of’; M(a)c [or M’], as for the Scots, means ‘son of’). … . . . [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. Family Health Law Blog 2. The Lean Law Firm 3. Alcohol & Advocacy 4. Global Workplace Insider 5. The Treasurer’s Blog

Family Health Law Blog
Can you doctor record your appointment on video? Not without consent!

When we seek health care we expect our provider to take

. . . [more]
Posted in: Monday’s Mix

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) : Une personne accusée avant le 19 septembre 2019 d’un acte criminel passible d’un emprisonnement de moins de 14 ans et qui n’avait pas choisi son mode de procès n’a pas le droit de demander la tenue d’une enquête préliminaire en raison de l’effet rétroactif des modifications législatives . . . [more]

Posted in: Summaries Sunday

The Federal Election and Stakeholder Culture

Elections remind us that in a democracy, voters are “stakeholders” who can evaluate the potential of government platforms.

We might not share or even understand other people’s use of their vote in an election, but we all appreciate that it is a legitimate right and a critical part of being Canadian. The right to vote is a value that supersedes how any one individual might use their vote, as non-partisan voter registration organizations have recognized.

We are committed to the idea that we are all stakeholders in governance, whether we might disagree about how an individual vote is used, or . . . [more]

Posted in: Justice Issues

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

Can a Relationship With a Subordinate Be Cause for Dismissal?

The New Brunswick Court of Queen’s Bench recently considered if and when a workplace romance could lead to just cause for dismissal.

Quick facts

The employee was a regional manager for New Brunswick and had been employed by the employer since at least 2002. He was dismissed in May 2017 when the employer became aware that the employee was involved in a sexual relationship with another employee whom he supervised and had failed to report the relationship, as required by policy.

Prior to the dismissal, the employer conducted an investigation which confirmed the existence of the relationship. But it also . . . [more]

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

Towards Cyberjustice Retrospective, Part 4: a Look Inside the Courthouse

After a one-year hiatus, we are back with the fourth of a series of blogs highlighting the various papers, studies, and pilot projects conducted by the Cyberjustice Laboratory and its partners throughout the seven-year long “Towards Cyberjustice” Project (the previous parts can be found here: part 1, part 2, part 3). Funded by a Major Collaborative Research Grant from the Social Science and Humanities Research Council, this project has finally drawn to a close and will be the subject of a detailed report to be released later this year. In anticipation of this upcoming . . . [more]

Posted in: Dispute Resolution

An Ode to Bedside Manner

We lawyers rarely sit beside a client’s bed. The mere thought sends some to shrink into a little ball. But what irks the oaf should gird the loins. Intimate secrets, more often reserved for the bed than the table, are the lawyer’s jewels: the illicit affair; the child spurned; pain suffered otherwise in silence; wealth sought and lost; crimes in thought and deed – no duration suffices to list the prodigious confidences confessed. Wielding power in vulnerable moments, the lawyer most admired is more feared than loved. And why is this?

The client is a ground best dug for facts. . . . [more]

Posted in: Practice of Law