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Archive for December, 2020

British Columbia Worker’s Right to Refuse Work Denied

By Daniel Standing LL.B., Editor, First Reference Inc.

In a recent decision under the British Columbia, under the Workers Compensation Act, an investigations legal officer dismissed a worker’s prohibited action complaint. The worker decided not to report to work as a bartender out of concern of contracting COVID-19. The case, reported here, examines the sufficiency of evidence required to prove a prima facie complaint. In dismissing the case, the WorkSafeBC officer clarifies the employee’s duty to be physically present at the workplace while his or her claim of unsafe working conditions is dealt with under the established procedure. . . . [more]

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

Goodbye VPNs – Hello Zero Trust Network Access

Virtual private networks (VPN) are very standard these days. But they are riddled with vulnerabilities – and subject to a “man in the middle attack.” They have wreaked havoc in 2020 in a work-from-home environment.

Enter zero trust network access (ZTNA).

An October 2020 Forrester study (commissioned by Cloudflare) offered some key findings.

Working from home compelled firms to transform how they operated in the cloud. However, 80% of the IT decision-makers interviewed said their companies were unprepared to make the transformation. Existing IT practices made it difficult to support employee productivity without security compromises.

As a result, 76% of . . . [more]

Posted in: Legal 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. Anglin v Resler, 2020 ABCA 184 (CanLII)

[16] Vicarious liability is not a distinct tort but “a theory that holds one person responsible for the misconduct of another because of the relationship between them”: 671122 Ontario v Sagaz Industries Canada, 2001 SCC 59, para 25, [2001] 2 SCR 983. The Supreme Court in Bazley v Curry, 1999 CanLII 692 (SCC), . . . [more]

Posted in: Wednesday: What's Hot on CanLII

If You See Something, Say Nothing: Why Lawyers Don’t Report to the Law Society

In identifying professional misconduct, legal regulators are heavily reliant on client complaints and receive relatively little help from practitioners. For example, 71% of complaints to the Law Society of Ontario in 2019 were brought forward by members of the public (typically clients) while only 12% came from legal professionals. The problem is that there are many forms of professional misconduct that only professionals, and not clients, can readily identify. Misconduct therefore goes undetected, leaving clients and others to be victimized by bad lawyers who should have been caught after previous offences.

This is especially true in practice areas where clients . . . [more]

Posted in: Legal Ethics

Rift on the Supreme Court Bench? Cont’d (Fraser and G)

In my November 3rd Slaw post on the Supreme Court of Canada’s decision in Fraser, I considered the division on the Court relating to the interpretation of section 15(1) of the Canadian Charter of Rights and Freedoms. The majority decision, written by Abella J., emphasized a broad interpretation, stressing the significance of adverse effects discrimination and the goal of substantive equality. In their dissent, Brown and Rowe JJ. applied a narrower interpretation, as did Côté J. in her separate dissent. Now we have Ontario (Attorney General) v. G, which not only reminds us of the cleft in . . . [more]

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

#Clawbies2020 Kickoff

It’s December 1st and that means one special thing in my world: the Clawbies are on!

15 years ago, I sat at my desk and wrote up an inaugural “Canadian Law Blog Awards” (styled awkwardly for the first many years as CLawBies – glad we scrapped the camel case!).

That first edition was inspired by Dennis Kennedy’s Blawggies and was meant to be a playful homage to the unsung blogging heroes sharing Canadian perspectives on all things legal. It felt important to recognize how they made our community a little stronger and more connected.

It’s safe to say we’ve never . . . [more]

Posted in: Announcements

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

More Miscellaneous Misuses
Neil Guthrie

Annoying little things that have crossed the radar. Air on the side of caution: Uh, no. It’s err. But, as the poet said, to err is human, to forgive divine. … . . . [more]

Posted in: Tips Tuesday

Anti-Spam Enforcement Action Continues Under CASL

During the Covid-19 pandemic scams have not stopped and appear, by many accounts, to be on the rise. As a result, the Canadian Radio-television and Telecommunications Commission (CRTC) has continued its enforcement action under Canada’s Anti-Spam Law[1] (CASL).

Most recently the CRTC conducted an investigation of Notesolution Inc. doing business as OneClass (OneClass). OneClass is an online educational platform for crowdsourced university course content. OneClass seeks to build a global interactive library for educational content across all levels of education.

The CTRC alleged that OneClass violated several provisions of CASL[2], namely violation of:

(a) the electronic communications . . . [more]

Posted in: Intellectual Property