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Archive for ‘Miscellaneous’

Freedom Is Just Another Word….

There’s much to say about the so-called “truckers freedom convoy” camped in Ottawa since January 29th. Its namesakes have also spent time in other major cities in Canada (right now the serious problem is in Ottawa), as well as at the Coutts, Alberta border with the United States. Those involved in the convoy and their supporters call it a “protest or demonstration by patriotic Canadians” (or, indeed, their organizers have touted a “revolution” or extra-election removal of the current governmental system); those affected or otherwise concerned about it call it an “occupation, blockade or siege” or described it as “sedition”. . . . [more]

Posted in: Miscellaneous

What if Florida Were a Canadian Province?

INTRODUCTION

If the state of Florida were a province in Canada, on the one hand, people might find it easier to travel to warmer climes when winter really hits snowy and cold part of Canada. On the other hand, they might find Canada too expensive to travel for long-term winter escapes. But that’s not my topic today. I’m more interested in an article in The Globe and Mail discussing the quandry facing health care providers in that state, caught as they are between opposing vaccine mandates. What if this conflict existed in Canada?

VACCINES MANDATES: FLORIDA LAW AND FEDERAL CMS . . . [more]

Posted in: Miscellaneous, Substantive Law

Time and Relative Dimensions in Slaw

As part of a holiday party gift-exchange mixup, you have been accidentally given a time machine. Since the Rules of Professional Conduct don’t specifically say you can’t tamper with history, you may now use it to travel throughout all of the past and future. You decide to visit great legal moments along the timeline, because you’re weird.

Respond to the following scenarios with the choice that seems the most appropriate.

1. You are present as the Code of Hammurabi is finalized in 1750 BC. Impressed by your Fitbit, Hammurabi invites you to add a line to the Code. What do . . . [more]

Posted in: Miscellaneous, Practice of Law

What Do We Have the Right to Expect of Lawyers’ Conduct?

Do we have the right to expect lawyers to conduct themselves “better” or at a “higher plane” than ordinary mortals [😉] (that is, everybody else)? Or, put another way, do we have the right to impose on them what we, and perhaps others, consider to be acceptable behaviour?

Three recent situations involving lawyers make me wonder whether we do. I’m thinking of the expectations some people — I think mostly women — have who believe lawyers have an obligation to represent someone accused of sexual assault and the complainants in a particular way (focusing on the example of Marie . . . [more]

Posted in: Miscellaneous, Practice of Law

Free North Declaration: Let’s Parse Its Call to Arms

INTRODUCTION

A group of lawyers have entered the fray against Covid-19 restrictions, issuing a document with the ringing title, “Free North Declaration” (“Declaration”) (see here for the version dated November 23, 2021). A strident endorsement of individual freedom, the document picks up on the canards that have permeated the debate over these many months.

By identifying themselves as “Canadian lawyers”, one assumes the originators of the Declaration seek to give it a veneer of authority that many protests against the various Covid-related restrictions governments have imposed lack. Here I explore the document, identifying what in my own view are legitimate . . . [more]

Posted in: Miscellaneous

40 Short Tips for Better E-Mail

I don’t know if you’re like me but despite being a heavy user of e-mail, I am still often puzzled by it. More specifically, by how we often fail to use it to its full potential.

How many times does it happen that you receive an e-mail from a professional contact, a client or a supplier/vendor, perhaps even from an important work colleague, and you have so much trouble deciphering its meaning that you pick up the phone or get on chat to ask the sender what exactly they want you to do?

Given how insanely busy so many of . . . [more]

Posted in: Miscellaneous, Technology: Internet

Musings: Workplace Norms Meet Covid Requirements

In my last post, I discussed whether private employers and other entities can require proof of vaccinations (spoiler alert: I concluded they can, subject to human rights requirements). In this post, I consider how normal expectations of privacy in the workplace are giving way to requirements intended to control the spread of Covid-19. . . . [more]

Posted in: Miscellaneous

You Can’t Make Me Get Vaccinated…Can You?

While there have always been “vaccine deniers”, or parents refusing to get their children mandatory vaccinations, I don’t think we’ve seen the degree of vehement objection as we have the protests against the Covid-19 vaccines. Yet vaccines have been proved to be the most effective way to bring the coronavirus under control. While there have been “breakthrough” cases of vaccinated people, most recent hospitalizations and deaths have been of unvaccinated people. And so the issue now is, “how about mandatory vaccinations”? Here I discuss the factors relevant to answering this question. . . . [more]

Posted in: Miscellaneous

Does Canada Need ‘Right to Repair’ Law

Those of us who view the “no user serviceable parts inside” phrase as a challenge rather than a warning will sympathize with the right to repair movement.

The movement is a growing phenomenon. It arises from frustrations when manufacturers of everything from electronics to cars to McDonald’s ice cream machines make it difficult for anyone else to repair what they make.

The poster child for the movement is farm equipment manufacturers that refuse to give access to software on the machines. That prevents both equipment owners and other repair shops from servicing them. Other methods used by manufacturers include making . . . [more]

Posted in: Miscellaneous, Technology

Return to Work: Psychological Barriers to Reorganization

As the rate of COVID-19 vaccination increases in Ontario, many companies are asking their employees to return to the office in person. As a result, the “return to work” planning has sparked many discussions about improving the workplace. For example, “Six Steps to Make Your Legal Workplace Equitable” published in May 2021. Despite the proliferation of helpful articles on improving our workplaces, we still face barriers to adoption.

In the book The Behaviorally Informed Organization, there is an excellent article about confronting barriers to change. In the article, “Gut Check: Why Organizations that Need to be Behaviourally . . . [more]

Posted in: Miscellaneous

Rainbow Cupcakes at the Office for Pride: That’s So Sweet – and Sort of Strange?

This submission comes from WeirFoulds LLP Law Library Manager Nairne Holtz, who is a member of the firm’s EDI (equality, diversity, inclusion) committee. When Nairne was asked to write a piece in support of legal history and Pride month in Ontario, the end product turned out to be more of a personal account. In the spirit of Canadian legal storytelling, and in support of Pride, Slaw is happy to be able to share Nairne’s story.

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I met my wife at work, a Bay Street law firm, in 1996. You could say we met cute. I was working in the . . . [more]

Posted in: Miscellaneous, Practice of Law

5 Kind of Litigators That Might Exist

*These characters are fictional. Any resemblance is purely accidental. This is humour.

1. The pick’m-up-truck-driving small town litigator

Small’s number is written on the local jail cell wall. Besides the odd vacation and discovery, Small’s only ever known this little town with one traffic light. Small pulled some strings to get the county judge’s kid a try-out on the hockey team. The court registrar, bailiff, trial coordinator, and, heck, all the staff, know Small on a first name basis. Small doesn’t go through security because Small has a key to the side door into the library. At the hearing Small . . . [more]

Posted in: Miscellaneous, Practice of Law