Canada’s online legal magazine.

Archive for September, 2022

Suggestions for Lawyers Taking Family Law Cases to Mediation

It’s usually a relief when opposing counsel agrees to take a file to mediation. Not only do you gain more control over the outcome under less pressure, you get to shrug off a lot of the anxiety litigation provokes, at least for the time being. However, going to mediation doesn’t mean that your job is done. You’re still your client’s advocate and inadequate preparation will jeopardize the chances of settlement. You also need to support the mediation process itself, which will require you to walk a fine balance between supporting your client and supporting the resolution everyone wishes to achieve. . . . [more]

Posted in: Practice of Law

The Toughest Job in the UN: The High Commissioner for Human Rights

The role of the United Nations (UN) human rights chief is under intense international scrutiny after the long-awaited release of a strong report on grave human rights violations in China’s Xinjiang Uyghur Autonomous Region. On 8 September, a new UN High Commissioner for Human Rights (UNHCHR), Volker Türk, was appointed to assume the role after Ms. Bachelet’s four-year term ended at midnight on 31 August 2022.

The transition to the new High Commissioner offers an opportunity to reflect on what has been described as the UN’s toughest job, some even wondering if it is impossible. The High Commissioner is . . . [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:

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

Uncomfortable Situation a Punishable Offence Says Arbitrator

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

A recent British Columbia arbitration case provides employers several kernels of wisdom respecting the investigation and punishment of conduct that violates a respectful workplace policy. Largely centered on the witnesses’ credibility, 2022 CanLII 60943 (BC LA) is a case that employers can turn to for guidance when dealing with such uncomfortable situations. . . . [more]

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

Book Review: Indigenous Legal Judgments: Bringing Indigenous Voices Into Judicial Decision Making.

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.

Indigenous Legal Judgments: Bringing Indigenous Voices into Judicial Decision Making. Edited by Nicole Watson & Heather Douglas. New York: Routledge, 2021. xviii, 323 p. Includes table of contents and index. ISBN 9781032004815 (hardcover) US$155.00; ISBN 9780367467456 (softcover) US$48.95; ISBN 9781003174349 (eBook) US$44.05.

Reviewed by Peter Aadoson
Counsel, Judicial Education
National . . . [more]

Posted in: Book Reviews

Software and Patent Infringement

Establishing patent infringement can be difficult at the best of times but when the technology alleged to infringe a patent is primarily software, there can be extra hurdles for the patent owner. Some recent court decisions reveal some of those challenges.

To prove infringement, a patentee has to show that the activities of the defendant fall within the scope of the claims of the asserted patent. Photos, and engineering drawings or even samples of the product can be used to prove the features of the product or process at issue.

When the patent relates to a particular a software implementation . . . [more]

Posted in: Intellectual Property

The Broader Impact of a Court’s Historic Decision

In overturning Roe v. Wade on June 24, 2022 in Dobbs v. Jackson Women’s Health Organization, the U.S. the Supreme Court signaled a radical break with the history of the Court, executed in the name of an historicist “originalism.” David Cole, the National Legal Director of the American Civil Liberties Union, noted in the New York Review of Books (August 18, 2022) that “never has the Court eliminated a constitutional right so central to the equality and autonomy of half the nation.” But then he also observes that “never has so much changed in a single year” for the . . . [more]

Posted in: Intellectual Property, Legal Publishing

Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and French-language cases have been the most viewed* on CanLII and we give you a small sense of what the cases are about. La version française suit.

For this last week, the three most-consulted English-language decisions were:

1. Jackson v Cooper, 2022 ABKB 609 (CanLII)

[148] A Plaintiff’s claim for cost of care must be reasonable, legitimate, and justifiable: Andrews at 242-44. Damages are awarded on the basis of objective, evidence-based opinion that goes to the medical justification for and reasonableness of the expense: Sutherland at para 625, citing Krangle . . . [more]

Posted in: Wednesday: What's Hot on CanLII

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

Law Prof Fail
Neil Guthrie

A law professor and political candidate tweeted this: Last night we gathered with a group of Liberal supporters who, like I, care about combatting climate change … . . . [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. Meurrens on Immigration 2. Reconciliation Syllabus 3. Canadian Securities Law 4. Canadian Appeals Monitor 5. Hull & Hull Blog

Meurrens on Immigration
The IMM5707 and the Definition of Accompanying

The IMM57-5 asks applicants to delcare whether any family members will accompany them to Canada. There has been

. . . [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): L’appel est accueilli et un verdict d’acquittement est prononcé relativement au chef d’accusation de conduite d’un véhicule avec une alcoolémie supérieure à la limite permise reproché à l’appelante puisque la juge de première instance a commis une erreur manifeste quant aux règles de droit applicables dans son analyse . . . [more]

Posted in: Summaries Sunday

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