Canada’s online legal magazine.

The Case for Well-Designed Dispute Resolution Clauses

During my final year with Mediate BC, I had the opportunity to study the use of “dispute resolution clauses” (“DR Clauses”) within the BC business community. By “DR Clause” I mean a clause in a contract that sets out how the parties will deal with any disputes arising out of the contract, including the interpretation of the terms of the contract itself (Note 1). As part of the research, I interviewed several inhouse counsel as well as outside counsel/solicitors who acted for prominent BC businesses. I was surprised to find that (Note 2):

  1. Most had not given much thought to
. . . [more]
Posted in: Dispute Resolution

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. Kate Dewhirst 2. The Court 3. Family LLB 4. University of Alberta Faculty of Law Blog 5. David Whelan

Kate Dewhirst
IPC Decision 101 – How to deal with a patient’s request for access to records about another patient’s complaint

First of all – it’s time to

. . . [more]
Posted in: Monday’s Mix

Discoverability a Rule of Construction for Limitations

Limitations in personal injury litigation can be contentious, especially since the nature of the damages suffered by a plaintiff may not necessarily be known at the initial time of loss. This is especially true in claims that include chronic pain, as these types of medical conditions are not diagnosed until several weeks after an injury.

In these contexts, a plaintiff may rely on discoverability to exceed the two year presumptive limitation found in s. 4 of the Limitations ActCourts have extended this notion of discoverability even further, the Ontario Divisional Court finding in Pereira v. Contardo that the . . . [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.

TRAVAIL : Lorsque l’employeur lui-même est l’auteur de harcèlement psychologique, de connivence avec un tiers, il contrevient gravement à la loi et mérite d’être sanctionné au moyen de dommages punitifs.

Intitulé : Prado Paredes et Entreprise de placement Les Progrès inc., 2019 QCTAT 4593
Juridiction : Tribunal administratif du travail, . . . [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 (newest first):

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

Flexibility to Start or Leave Work Does Not Impact Original Employment Contract

A recent Ontario appellate decision confirms that employer flexibility in granting occasional requests, such as the time to start and end work, does not always modify the original employment contract.

Quick facts

The employee in this case worked as a scheduler from 8:30 a.m. to 4:30 p.m., with earlier morning work on occasion. The employee claimed that she had a verbal agreement with the employer that she was allowed to arrive any time before 10:00 a.m. to allow her to manage her childcare obligations. However, the employer claimed that he had discussed her irregular arrival times with her and told . . . [more]

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

Thursday Thinkpiece: Policy, Practice and Privatized Prison Telephones in Saskatchewan

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.

Policy, Practice and Privatized Prison Telephones in Saskatchewan
(2019) 8:1 Can J Hum Rts 1

Sarah Buhler is an Associate Professor at the University of Saskatchewan College of Law. Amanda Dodge did legal and systemic advocacy at the Community Legal Assistance Services for Saskatoon Inner City (CLASSIC) for 8 years. She is . . . [more]

Posted in: Thursday Thinkpiece

Law Society Is Right About Virtual Commissioning

I want to start this column by reiterating how damaging the Law Society of Ontario web linking agreement is. It’s part of the terms of use of the Law Society’s website and it prohibits links to the entire website (except to http://www.lso.ca) without the Law Society’s prior written consent. Google this legal notice because I am not linking to it. (By the way, did Google get LSO’s written consent before indexing its website?) I am not even going to post a screenshot here because of restrictions that the Law Society purports to assert in its terms of use. Find all . . . [more]

Posted in: Practice of Law

Book Review: Abortion: History, Politics, and Reproductive Justice After Morgentaler

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.

Abortion: History, Politics, and Reproductive Justice after Morgentaler. Edited by Shannon Stettner, Kristin Burnett & Travis Hay. Vancouver: UBC Press, 2017. vi, 372 p. Includes bibliographical references and index. ISBN 978-0-7748-3574-9 (paper) $34.95.

Reviewed by Megan Siu
Community Development & Educational Specialist
Centre for Public Legal Education Alberta (CPLEA)
In . . . [more]

Posted in: Book Reviews

Authors and Editors Working With and Their Expectations From Professional Publishers

Upon writing Practicalities of Securing a Law Book Publishing Agreement, I pondered on an aspect of that actual or potential experience which was addressed therein in only four bullet points, namely the issue of what is expected from publishers. It is the publisher, for the most part, which sets the rules of the game and drives the contractual conditions and process. As this is often a corporate entity negotiating with an individual, who is normally not represented by a publishing agent or a media lawyer, the parties are rarely equal, in terms of power and resources. There is . . . [more]

Posted in: Legal Publishing

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. Alberta Union of Provincial Employees v Alberta, 2019 ABCA 411

[45] In this case, in assessing what remedy was appropriate, Arbitrator Moreau decided that the employment relationship was not viable for the “lack of truthfulness” in three different contexts: during the interviews with the employer (the conduct for which he was disciplined by the employer); during the proceedings before Arbitrator Moreau; . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Challenges to Mandatory Vaccinations: Further Thoughts

Just as the Toronto medical officer of health called for limiting the exemptions to Ontario’s mandatory vaccine regime for school children to only one, on medical grounds (although this has not been received positively by the provincial health minister), Vaccine Choice Canada and five mothers have challenged the requirement that in order to attend public school, children must receive vaccinations.

The Immunization of School Pupils Act already includes grounds for exemption for medical, religious and conscientious grounds; however, the group challenging the legislation consider the exemptions — and therefore the legislation — contravene their rights, in part because of the . . . [more]

Posted in: Justice Issues, Substantive Law: Legislation