Canada’s online legal magazine.

Archive for April, 2020

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):

    • Managing Director (Full-time) | Toronto, ON
      (Legal Information and Resource Network (LIRN)
. . . [more]
Posted in: Friday Jobs Roundup

Unjust Termination Case Proves Costly for Employer

Written by Daniel Standing LL.B., Editor, First Reference

In Liebreich v Farmers of North America, 2019 BCSC 1074 (CanLII), the plaintiff brought an action for wrongful dismissal against her former employer and a group of entities she claimed were jointly and severally liable. The court was required to first conclude that the plaintiff was a dependant contractor, and that several of the entities were jointly and severally liable. In addition to having to pay reasonable notice to the plaintiff, the employer’s blameworthy conduct in carrying out the termination led to an award of punitive and special damages. . . . [more]

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

Weapons of Mess and Disruption?

Perhaps it is at least in part the fault of the idiot wing of the fund management business, that it seems to have become necessary for every aspiring new entity seeking to serve the legal and professional information sector to classify itself as a “disruptor” or “disruptive”. Whether or not such entities, their products and services are capable of achieving the criteria set by the fundamentalist religious cult enthusiast attributed with having identified the concept, nonetheless, to attract the funds and appear to be on message, they have to be disruptors. I find it tiresome to see commentators, as . . . [more]

Posted in: Legal Publishing

Having a Beer in the Driveway and the Rule of Law: Responding to COVID-19

The response to COVID-19 has many legal elements but it also raises ethical and philosophical issues. There is an age-old dispute in legal philosophy between “legal positivism” and “natural law”. In a nutshell (and with apologies to legal philosophers), positivism is the view that law is nothing more than the law on the books, i.e. the law that has been promulgated by duly authorized legislative authorities. In contrast, natural law espouses that law must contain some moral content, be it religious or some other higher principles (e.g. human rights). This was brought home to me by a sudden spat in . . . [more]

Posted in: Justice Issues

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. A.B. v. Canada (Citizenship and Immigration), 2020 FC 461 (CanLII)

[30] Even at the lower end of the spectrum, procedural fairness generally requires that applicants be provided with the information on which a decision is based so they can present their version of the facts and correct any errors or misunderstandings. Procedural fairness does not, however, require that applicants be provided with . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Why the Saskatchewan Court of Appeal Has Barely Missed a Beat During the Pandemic

The Saskatchewan Court of Appeal has been fully functional for almost the entire time period during the pandemic. The court has easily transitioned to web-based hearings at the end of March 2020, – as announced here. Hearings are being heard in their ordinary order, in the same numbers as before the pandemic.

Saskatchewan’s swift success in switching to online appeals is due to changes made over 8 years ago. Around 2012, the Court of Appeal switched to electronic filing and electronic case management by using the software eCourt

eCourt is an integrated electronic software system configured to meet

. . . [more]
Posted in: Technology

The Relationship Between Law, Private Enforcement, Social Pressure and “Snitching”

As it has with so many of our regular practices, the coronavirus crisis has highlighted or brought to the fore the advantages and disadvantages of the relationship between the law, private enforcement, social pressure and “snitching” in enforcing desirable social practices. . . . [more]

Posted in: Justice Issues, Substantive 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

SVBEV
Neil Guthrie

Oh, Mary Beard! Everyone’s favourite classicist. She perceptively notes that old-fashioned correspondence offered subtle gradations in formality, which we haven’t quite got right with electronic mail. Beard finds e-mail inappropriately informal, strangely unpersuasive, often annoying, not conducive to genuine expressions of thanks. … . . . [more]

Posted in: Tips Tuesday

Isn’t That Special – What Should That Resolution Say?

As you read this, you are invariably working from home and avoiding social situations or public gatherings due to the current COVID-19 pandemic, so it might seem strange to be considering the law applicable to arcane procedural matters applicable to an annual general meeting (“AGM”) for various types of organizations. In fact, many AGMs have been postponed for the foreseeable future. Even worse, some might still be proceeding by way of online conferencing methods many had not even heard of several months ago. As well, the topic under consideration might be on the outer perimeter of what falls within the . . . [more]

Posted in: Administrative Law

Recreating Canada

This pandemic is a stark reminder of how our economies and societies are interdependent, and how the well-being of humans, other living beings, and ecosystems, are deeply connected. Only a healthy planet can support healthy people. Once this situation passes, humanity will be called to reflect on its relationship with nature and redouble its commitment to safeguarding the natural world and rebuilding a healthy and equitable planet for all.

-Dr. Grethel Aguilar, Acting Director General, International Union for the Conservation of Nature

It is a time of intensity, of worry, of loss, of the sense that nothing may ever be . . . [more]

Posted in: Justice Issues

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. Double Aspect 2. Clicklaw Blog 3. Canadian occupational health & safety law 4. The Lean Law Firm 5. Robeside Assistance

Double Aspect
Inter vira enim loquuntur leges – The pandemic and delegation of power to the executive

Writing in La Presse earlier this week, Martine Valois raises

. . . [more]
Posted in: Monday’s Mix

Legal Libraries Go Digital During Pandemic

While the courts haven’t closed, they’ve certainly slowed down. And if one thing that litigators are used to doing, it’s reading case law.

The Great Library at Law Society of Ontario has announced on Twitter that all licensees can obtain free access to Westlaw and Proview for 30 days. The initiative is intended to support remote workers and promote self-isolation, but us legal geeks will likely use it just to read interesting things.

Digital access to these resources are normally an extension of the services available to licensees through annual fees. LIRN subscribes to publisher collections to make this access . . . [more]

Posted in: Legal Information: Libraries & Research