Canada’s online legal magazine.

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 seventy 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. Vincent Gautrais  2. Slater Vecchio Connected 3. Legal Post  4. Blogue du CRL  5. Western Canada Business Litigation Blog

Vincent Gautrais
Le consommateur numérique: une protection à la hauteur de la confiance?

Le présent ouvrage rassemble les textes des conférences prononcées lors du colloque intitulé « Le consommateur numérique . . . [more]

Posted in: Monday’s Mix

Stepping Up for Diversity: Law Societies Must Begin to Address the Challenges Faced by Racialized Lawyers and Paralegals

Law Societies have a lot on their plates these days: ABS, access to justice, advertising, articling . . . and that’s only the first letter of the alphabet! It is critical that the work of the Law Society of Upper Canada’s Working Group on the Challenges Faced by Racialized Licensees not get lost in all this regulatory alphabet soup. The report is important. It is groundbreaking. It is also controversial. And it is necessary. This report will be debated by Ontario’s benchers on December 2nd. The Law Society of Upper Canada has a real opportunity to exercise strong . . . [more]

Posted in: Legal Ethics

The Future of MAID in Canada

When Bill C-14 received Royal Assent on June 17, 2016 Medical Assistance in Dying (MAID) became law in Canada. But the debate over the limits of MAID are far from over.

Bill C-14 includes a number of review mechanisms. The entire scheme is subject to a 5-year review, with a report to be submitted with recommendations.

Specific portions of the Bill are subject to a shorter-term review, for “requests by mature minors for medical assistance in dying, to advance requests and to requests where mental illness is the sole underlying medical condition.” These issues were inadequately resolved at the time . . . [more]

Posted in: Substantive Law: Legislation

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) : La juge de première instance a commis des erreurs déterminantes en concluant à la culpabilité de l’appelant aux infractions de vol qualifié et de voies de fait par le truchement de l’article 21 (2) C.Cr.; des verdicts d’acquittement sont substitués à ceux de culpabilité.

Intitulé : LSJPA . . . [more]

Posted in: Summaries Sunday

Why Do I Need a Marketing Plan?

If you were to go on a holiday, would you just jump in your car and start driving? Of course you wouldn’t. You’d determine your destination. You’d figure out the best time to go. You’d book accommodations and make travel arrangements. You’d consider the costs involved, and you’d pack according to the weather and your planned activities. And that’s just a holiday. But when lawyers run a $500k to a million dollar practice, they do so with far less planning. In doing so they are operating with far more risk, far less control, and ultimately may be leaving money and . . . [more]

Posted in: Legal Marketing

Can a Robot Administer Oaths?

Not until legislatures allow this. But technically yes.

There are two kinds of legal tech.

One does not require the state’s approval. The other one does. And, as is usually the case with lawyers, there is a grey area.

Let’s talk about the grey area first. I met a lawyer friend at a Starbucks a few days ago. It was a networking/war story meeting just like most social situations with lawyers.

We talked about the paperless office. He said he could not be paperless because he did real estate transactions. Among other things, my friend needed to meet with clients . . . [more]

Posted in: Technology

Proposed Manitoba Accessibility Standard for Employment

The Accessibility Advisory Council’s (AAC) is inviting interested stakeholders to provide their views to its initial proposal for an accessibility standard for employment. Therefore, employment is the second of five accessibility standards being developed under the Accessibility for Manitobans Act (AMA).

The purpose of the employment standards is to remove employment barriers for persons disabled by barriers—including the obligation to provide reasonable accommodation—under the Human Rights Code. This standard will have a timeline for compliance, however, all employers must engage in emergency planning one year after the standard comes into effect.

Specifically, the employment standards have the following . . . [more]

Posted in: Miscellaneous, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation, Technology: Office Technology

Thursday Thinkpiece: Schulz & Youn on Women Lawyers in Film

Each Thursday 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.

Monsters & Madwomen? Neurosis, Ambition and Mothering in Women Lawyers in Film
Forthcoming in Law, Culture and Humanities (2016)

Dr. Jennifer L. Schulz is an Associate Professor at the University of Manitoba Faculty of Law and co-author of A Transnational Study of Law and Justice on TV. JiHyun Youn was a 3L . . . [more]

Posted in: Thursday Thinkpiece

CRTC Assesses Conspicuous Publication Basis of Implied Consent in CASL Enforcement Decision

The CRTC released a compliance and enforcement decision, CRTC 2016-428, October 26, 2016 in which it found that Blackstone Learning Corp. (Blackstone) committed nine violations of paragraph 6(1)(a) of Canada’s Anti-Spam Legislation (CASL) by sending commercial electronic messages (CEMs) without consent, and imposed an administrative monetary penalty of $50,000 on Blackstone.

The decision is noteworthy as it give more details and analysis than the CRTC’s prior press releases of enforcement action. As a result, it give a glimpse into the process used by the CRTC in an enforcement action. Importantly, it also confirms the CRTC views on the requirements to . . . [more]

Posted in: Intellectual Property

SCC Renders Practical Privacy Decision on Mortgage Information

The Supreme Court of Canada, in Royal Bank v Trang, made a privacy decision that will bring a sigh of relief to lenders and creditors.

A judgment creditor asked the sheriff to seize and sell a house to satisfy the judgment. To do that, the sheriff needed to know how much was owed on the mortgage on the house. The mortgage lender didn’t have express consent to provide the information, and said PIPEDA prevented it from giving it. Lower courts agreed.

But the SCC took a more practical approach. The issue was whether there was implied consent to release . . . [more]

Posted in: Substantive Law: Judicial Decisions

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. Ontario (Disability Support Program) v. Tranchemontagne, 2010 ONCA 593

[2] For both men, the impact of their alcoholism was so severe that they satisfied the criteria in s. 4 of the ODSPA for being disabled. However, the Director of the Ontario Disability Support Program (“ODSP”) denied the respondents’ applications for disability benefits based on s. 5(2) of the ODSPA. That section . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Security Fatigue and Its Impact on Law Firm Security

People are inherently lazy. After all, why do something today that you can put off until tomorrow? Users hate to do anything that would slow down their access to their computer or data. That means they would much rather just sit at a keyboard and start to surf the Internet instead of entering logon credentials and then entering a second factor. How many times have you been tired of the constant password changes only to resort to using one you know you’ll remember and have previously used? Didn’t feel like creating a new account so passed on that online purchase? . . . [more]

Posted in: Legal Technology