If a lawyer fails to prepare his client for mediation, and bullies her into a settlement, a court may find the lawyer negligent and award damages to the client amounting to the difference between what she settled for and what she likely would have obtained in court (or arbitration). That is what happened in Raichura v Jones, 2020 ABQB 139, a recent decision from the Alberta Court of Queen’s Bench. In this case, the lawyer was ordered to pay damages of $131,939. In other words, this case is a lawyer’s nightmare. The facts may be uncommon, but . . . [more]
By Lewis Waring, Paralegal, Student-at-law, Editor, First Reference
In Underhill v Shell Canada Limited, 2020 ABQB 341, the Court of Queen’s Bench of Alberta decided that a senior employee had been wrongfully dismissed after she became tangled up in a subordinate’s attempt to bid on a project independently of the employer.
The employer’s reason for the senior employee’s dismissal had been that she had engaged in misconduct in her handling of the subordinate’s bid attempt. However, the court found that her behaviour was not serious enough to merit her dismissal for cause. Instead, the employer should have responded to . . . [more]
Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.
Author: Sheldon Burshtein
ISBN: 978-1-988824-61-1 (Trade Paperback)
Page Count: 796
Publication Date: September 1, 2020
Regular Price: $49.95 (Paperback)
Excerpt: Preface and Chapter 12: The Rule of Law [footnotes omitted]
Writing about the presidency of Donald J. Trump is like building a sandcastle too close . . . [more]
Marx predicted that a Communist revolution would arise in a mature capitalist society like England or Germany. Instead, it took root in backward economic Tsarist Russia. Sometimes you take what you can get.
The revolution has arrived in Canadian legal education. Nobody started it. COVID-19 forced it upon us. The question is where this revolution will lead?
This fall, every law student in Canada will take most or all of their courses online through distance learning. Last fall, almost every law student in Canada could have expected to complete their three years of legal studies without taking a single course . . . [more]
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. Climans v. Latner, 2020 ONCA 554 (CanLII)
 As I explain on the first issue, the trial judge found that the parties were spouses within the meaning of s. 29 of the FLA because they “cohabited” for a period of not less than three years. To determine whether the parties had cohabited, the trial judge applied s. 1(1) of the FLA . . . [more]
In my last Slaw post, I discussed Morgan J.’s decision in Canadian Civil Liberties Association v. Attorney General of Ontario (CCLA v. AG Ont.) to grant standing to the Canadian Civil Liberties Association to challenge the government’s requirement that gas station operators post a sticker on each gas pump. The standing decision stands for two major points: the CCLA’s expertise did not have to relate to the selling of gas or regulations governing it, but it was sufficient that it related to constitutional issues; and it had shown its interest by identifying its concerns to the government . . . [more]
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
Have a Copy of the Bill to Refer to When Searching Hansard
Hansard is a very useful tool when trying to determine the intent of an act. Researchers often look at a specific section of an act and what it was intended to achieve. … . . . [more]
What happens if someone infringed your patent application after you have filed your patent application but before it is granted? In many instances, this can be a surprisingly long period of time – typically several years. It can also be a crucial time in the development and commercialization for a new company. The Patent Act provides some relief, but you can only get a remedy after the patent has granted.
As an example, for patents granted in 2019, the median duration patent applications are pending between filing (international or national filing date) and grant at the Canadian Intellectual Patent Office . . . [more]
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 is why the Ontario teachers unions’ court challenge to
Two significant anti-SLAPP cases have been released, in conjunction, by the Supreme Court.
Bent v. Platnick deals with a motion in a defamation action that was initially successful in getting dismissed. The Court of Appeal reversed the decision, and the Court upheld the appeal, specifically on the likelihood of the plaintiff’s success. The case involved the reputation of a doctor on a lawyers’ listserv, which bolstered the interests in having the matter adjudicated on the merits.
The Court in 1704604 Ontario Ltd. v. Pointes Protection Association affirmed the Court of Appeal decision, which has largely become the leading authority in . . . [more]
One Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all appeals as well as leaves to appeal granted so you will know what the SCC will soon be dealing with (August 15 – September 11, 2020 inclusive).
Civil Procedure: Anti-SLAPP Legislation
1704604 Ontario Ltd. v. Pointes Protection Association, 2020 SCC 22 (38374)
The legislation here presents a two-part analysis: burden on the moving party . . . [more]
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.
RESPONSABILITÉ : Même si les fautes commises par les policiers ont entraîné l’acquittement de la principale suspecte du meurtre de leur père, les appelants ne peuvent réclamer de dommages-intérêts compensatoires et punitifs au procureur général du Québec, car il n’y a pas de lien de causalité entre ces fautes et . . . [more]