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Archive for October, 2021

When Cancel Culture Is Liable in Defamation

Isolation in one’s home and glued to an electronic device, it was inevitable that people would be come more activist online. A growing trend has been where public backlash online, also known as cancelling or calling out, is used to block someone from having a platform or career.

The debate around the utility of cancel culture weaves between delicate balances of expression rights and bullying concerns. While the practice started in progressive circles, it has more recently been weaponized by right-wing groups as well.

What people may not have anticipated is that the attempts to “cancel” someone could actually be . . . [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.

PÉNAL (DROIT) : Un professeur universitaire ayant plaidé coupable sous des accusations relatives à des actions indécentes commises dans un endroit public à l’encontre de jeunes écolières se voit imposer une condamnation avec sursis assortie de conditions ainsi qu’une obligation d’enregistrement au Registre national des délinquants sexuels.

Intitulé : R. . . . [more]

Posted in: Summaries Sunday

FCA Would Allow Reverse Class Action Suit for Copyright Infringement

Owners of copyright in movies struggle with large numbers of infringements in which unauthorized copies of their works are uploaded to peer to peer file sharing services such as BitTorrent.[1]

The Federal Court of Appeal has noted that a solution to mass-copyright infringement is for a single creator to pursue a large number of infringers.[2]

Despite the limitations of the Copyright Act for individual non-commercial infringements[3] and the limitations under current copyright law on authorization, the Federal Court of Appeal was prepared to allow a reverse class-action to proceed in which a plaintiff claims numerous parties conducted . . . [more]

Posted in: Intellectual Property

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:

. . . [more]
Posted in: Friday Jobs Roundup

Listening to the Client

In over 30 years of working with law firms on improving productivity and profitability, I’ve seen countless marketplace surveys on the incredible value of client feedback mechanisms. In many instances it’s been labelled as one of the fastest and most effective ways to boost firm revenue. So, you’d think that law firms would be all over this business practice as a standard operating procedure. But…not so much. Two decades ago, law firm management expert Jim Durham conducted a survey of 100 MPs to see how many of their firms had client feedback programs. Around 20% of them did (or were . . . [more]

Posted in: Legal Marketing

Memoirs of an Unwitting SRL

[Jeff Rose-Martland is a writer and SRL from St. John’s, Newfoundland, and member of NSRLP’s Advisory Board.]

Envision a self-represented litigant. Did you get a picture of someone in court, poorly dressed, who doesn’t know what they are doing? I see that, and I am an SRL. The more-accurate mental image of a person at their dining table struggling with legal documents until the wee hours rarely comes to mind. Possibly because it’s draining to even consider, let alone do. In point of fact, a courtroom may not even be involved; there are a variety of circumstances that will turn . . . [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. Canadian Thermo Windows Inc. v. Seangio, 2021 ONSC 6555

[74] The whole point of s. 137.1 is to prevent a plaintiff from inflicting substantial costs on defendants in order to chill their participation in expressions on matter of public interest. Without the stay under s. 137.1 (5), the full panoply of expensive procedural steps under the Rules of Civil Procedure would . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Tracking International Current Events: Social Media Focus on Nicaragua and Haiti

Information on social media platforms can be an incredible source to keep track of rapidly evolving situations throughout the world. Particularly, when national governments control and manipulate all sources of information, social media can truly become the only unbiased and trustworthy source, especially for those of us following a situation from the outside. As a law librarian, I must also warn of the pitfalls of not properly vetting and evaluating both the source and information found on social media platforms. Making sure that the information you read and the sources you follow on social media are both reliable and legitimate . . . [more]

Posted in: Legal Information

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

Keep Your Legal Research Up to Date With Alerts on Lexbox
Alex Tsang

For legal professionals working with a high volume of cases, it can be difficult to stay up to date with legal research for all of them. However, with the alert feature on Lexbox, it’s easy to keep track of changes to legal information on CanLII that is relevant to your field of work . . . [more]

Posted in: Tips Tuesday

Nothing Less Than Great: Reforming Canada’s Universities (How Do Law Schools Fare?)

INTRODUCTION

Law schools have a mixed relationship with the universities of which they are a part. Subject to the universities’ rules, law schools nevertheless also give the impression of having an “independent” status. In Nothing Less than Great: Reforming Canada’s Universities (“Nothing Less than Great“) (University of Toronto Press, 2021), Harvey P. Weingarten assesses the state of universities across (mostly) English-speaking Canada and makes general recommendations for reform. While he refers to law schools only in passing, much of what he has to say is relevant to the landscape of Ontario law schools and legal education. Here I . . . [more]

Posted in: Education & Training: Law Schools, Reading

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. Avoid a Claim 2. Crossroad Family Law Blog 3. Library Boy 4. Welcome to the Food Court 5. Civil Resolution Tribunal blog

Avoid a Claim
When You Get a Call About a Will You Drafted… What Is Your Next Step?

You’re sitting at your desk on a

. . . [more]
Posted in: Monday’s Mix

Persistent Discord Within an Administrative Body

Members of the public who are uninitiated with the legal system in Canada are often confused when they encounter administrative law for the first time. The widely-recognized strengths of administrative tribunals, their flexibility and expediency, is often only possible because they discard some elements of formality and rigid procedure.

The relationship between reviewing courts and administrative tribunals is also constantly evolving. The Supreme Court of Canada in National Corn Growers Assn. v. Canada (Import Tribunal) resisted in 1990 an approach where courts would substitute the opinion over that of an administrative tribunal’s interpretation of a legislative provision, preferring greater curial . . . [more]

Posted in: Substantive Law: Judicial Decisions