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Archive for ‘Practice of Law’

Service and Filing by Email: Courts Are Being Forced to Adapt

In March 2020, courts across Canada have been forced to confront issues arising from social distancing measures. The Supreme Court of Canada is now allowing documents to be filed by email, with original paper copies to be filed subsequently at a later date. Further information can be found here.

Similarly, the Ontario Court of Appeal is allowing material to be filed by email. More information can be found here.

In Morris v Onca, 2020 ONSC 1690, Justice Myers dealt with an urgent matter, wherein he allowed material to be filed by email. In this case, the judgment . . . [more]

Posted in: Practice of Law: Future of Practice

Commissioning Affidavits: The LSO Is Only Part of the Picture

To many people’s delight, the Law Society of Ontario has stated that it is interpreting section 9 of the Commissioners for Taking Affidavits Act to include virtual commissioning. Reponses to a Slaw post by Pulat Yunusov from last November, in support of the LSO’s then position against virtual commissioning were dismissive of his concerns about virtual commissioning; they also illustrate the eagerness with which people are keen to throw off the bonds of in-person commissioning. (Yunusov stressed the importance of the ritual, as well as the inability of meeting some requirements through technology.)

However, the LSO is not the only . . . [more]

Posted in: Practice of Law: Future of Practice, Technology: Internet

The End Is Not Yet Nigh: Remote Dispute Resolution in the Age of COVID-19

It would be nice if there was an inverse correlation between the frequency of family law disputes and the gravity of social crises, but, thanks to the peculiarities of human nature, such is not the case. As Canada’s provincial and superior courts batten down the hatches, it’s important to remember that efficient and effective dispute resolution alternatives exist, and are available even where trial dates have been set. Best of all, in this time of social distancing, many of these alternatives do not require the participants to be in the same room at the same time.

Mediation and arbitration can . . . [more]

Posted in: Justice Issues, Practice of Law

Houston, We Have a Problem With Your Termination

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

In modern times, employers and investigators alike must be increasingly technologically savvy. Evidence can take on many forms, including texts, emails and information posted to social media accounts. Many employers provide phones to their employees which are password-protected and rely on virtual storage of data in the “cloud.” As the workplace becomes further digitized, and as more offices become mobile or virtual, workplace investigations will increasingly target such elusive electronic data. As illustrated in the recent British Columbia labour arbitration decision District of Houston v. Canadian Union of Public Employees, Local . . . [more]

Posted in: Case Comment, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions, Technology, Technology: Office Technology

Employer’s Duty to Protect Against and Investigate Harassment

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

A recent decision of a Human Rights Adjudication Panel, T.M. v Manitoba (Justice), 2019 MBHR 13 (CanLII) has clarified the extent of an employer’s obligation to provide its employees with a safe and respectful workplace. The decision is the first time a complaint of harassment on the basis of sexual orientation was considered in that forum-is a powerful one and is full of important takeaways for employers, employees and workplace investigators alike. . . . [more]

Posted in: Case Comment, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions

Brief Guide to Western and Atlantic Employment Law Changes in 2020

2020 promises to be a busy year in Western and Atlantic provinces with a variety of legislative and regulatory changes impacting employers in various ways. In this article, we provide employers with an overview of some of the key changes that have been announced in Western and Atlantic to assist in compliance. We also mention some changes that employers should anticipate being made in the coming year. . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Welcome to 2020: A Federal and Ontario Employment and Labour Law Summary

We are almost at the end of the second month of 2020 and have compiled for you a number of upcoming employment and labour law changes and key compliance issues that federally regulated and Ontario employers need to consider in their HR and payroll practices. . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

The Expanding Meaning of “Other Cause”: Support Entitlement Beyond the Age of Majority

I continue to be amazed by the speed with which judicial interpretation of family law statutes evolves, and how that evolution undermines what little certainty those statutes provide to separating parents. As family law lawyers will recall, section 2(1) of the Divorce Act provides that:

“Child of the marriage” means a child of two spouses or former spouses who, at the material time … is the age of majority or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessities of life.

Once upon a . . . [more]

Posted in: Practice of Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Application of a Workplace Absenteeism Policy

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

In Teamsters Local Union 847 v Maple Leaf Sports and Entertainment, 2019 CanLII 95328 (ON LA), a labour arbitrator upheld the reasonable application of a workplace absenteeism policy. Although the employee’s excessive absenteeism was because the employee tried to better herself and upgrade her training, the employer was still justified in dismissing her. . . . [more]

Posted in: Case Comment, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions

A Tale of Two Legal Services Entities

The Atrium debacle has now moved out of the legal innovation news cycle having been mostly savaged (and rightly so) for its lack of understanding of the market it purported to serve, its inability to learn from the past, and a seemingly waste of investor money. It remains a sad example of how an entity built solely around hype is able to gain huge profile and raise massive amounts of money with no reasonable ROI, while entities doing really good work impacting far more people (on a shoestring!) are largely ignored.

One of the claims made on Twitter during the . . . [more]

Posted in: Justice Issues, Practice of Law, Practice of Law: Future of Practice, Practice of Law: Practice Management, Technology

Alberta Fair Registration Practices of Regulatory Bodies Proclaimed in Force

The Alberta Fair Registration Practices Act is proclaimed in force on March 1, 2020, to speed up the process of newcomers getting their credentials recognized so they can work in the careers they trained for, and remove unfair barriers. . . . [more]

Posted in: Education & Training, Justice Issues, Legal Information, Practice of Law, Practice of Law: Future of Practice, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Should Law Society Fees Be Progressive?

Recently lawyer Elsa Ascencio @elsaasce tweeted about the Law Society fee structure. In her initial tweet she pointed out that the fees prevent her from servicing her clients.

In response, many lawyers chimed in. Jessica Prince @jesshwprince tweeted that the barristers in England and Wales have a progressive fee structure based on last year’s earnings. Lawyer Rob Kittredge @RobKittredge pointed out that the annual fees in some American states range from around $100 to $535. “Illinios: $99. Minnesota: $114-$250. NY $60-$275. California: $535. Florida: $265. Colorado: $325.”

Elsa has started a petition to change the fee structure. To learn more: . . . [more]

Posted in: Practice of Law