Canada’s online legal magazine.

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): Les directives du juge de première instance pouvaient amener le jury à comprendre qu’il ne lui était possible d’acquitter l’appelant que s’il retenait le témoignage du témoin de la défense, alors que l’appelant avait droit à l’acquittement si ce témoignage soulevait un doute raisonnable; cette erreur de droit . . . [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:

  • Policy Counsel (Permanent, Full-time) | Ottawa, ON
    (Federation of Law Societies of Canada)
  • Board Member (Full-time) | Halifax, NS
    (Nova Scotia Utility and Review Board)
  • Barrister & Solicitor (Full-time) | Edmonton, AB
    (Municipal, Education and Service Alberta – Legal Services
. . . [more]
Posted in: Friday Jobs Roundup

LTD Rejection and Flawed Medical Note Not Grounds to Deny Employee Disability

In a recent case, the employer dismissed the employee when she did not return to the workplace following an allegedly unauthorized medical absence. However, the employer had improperly denied the fact that the employer’s medical absence was tied to her suffering from an adjustment disorder with associated anxiety and depression, a disability that had been diagnosed by a medical professional.

As a result, the labour arbitrator in the case found that the employer had unjustly dismissed the employee by discriminating against her disability. The arbitrator ordered the employee to be reinstated to her position, and to be compensated for the . . . [more]

Posted in: Case Comment, Substantive Law: Judicial Decisions

A Family Lawyer’s Duty to Discuss Reconciliation With Clients: Time for Change?

Should lawyers be marriage counsellors? The Divorce Act seems to think so. For reasons discussed below, I’m less sure.

The Divorce Act—the federal legislation that governs divorce in Canada— has been the subject of increased attention because of significant amendments made in 2021. On Slaw, for example, Deanne Sowter published two thoughtful columns addressing what these amendments mean for family law lawyers (see here and here). Not having practiced or taught family law, I wasn’t familiar with the details of the legislation, but was interested in the impacts of the 2021 amendments on lawyers. Before I could consider . . . [more]

Posted in: Legal Ethics

Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and French-language cases have been the most viewed* on CanLII and we give you a small sense of what the cases are about. La version française suit.

For this last week, the most-consulted three English-language decisions were:

1. R v Ayyazi, 2022 ABQB 412 (CanLII)

[17] In the previously part of his Decision, I noted the well-established law that in Alberta, employing Strawman Theory immediately creates a presumption against the OPCA litigant that this act was done for illegal, bad faith, and ulterior purposes to defeat legal authority. That resulting . . . [more]

Posted in: Wednesday: What's Hot on CanLII

CALL Webinar: Law and Disability in Canada

The next CALL/ACBD webinar will occur on June 28th from 1-2:30pm EST. It will be presented by David Ireland (Associate Professor and Director of Clinics for the Faculty of Law at the University of Manitoba), Freya Kodar (Professor and faculty member Faculty of Law, University of Victoria ), Dr. Laverne Jacobs (Faculty of Law, University of Windsor) and Dr. Richard Jochelson (Dean of Law for the Faculty of Law, University of Manitoba).

This webinar will explore the ways in which persons with disabilities interact with the law in Canada. This will be done through an examination of barriers regularly faced . . . [more]

Posted in: Education & Training: CLE/PD

Suggested Pairing: Coffee & Crossword

I wrote two drafts for SLAW this month. I wrote and rewrote a piece on the pros and cons of committee work. I wrote and rewrote a piece on tips for tracing legislative histories. Both of these may be shared in the future, but as I was writing I realized I was feeling burnt out after a great, but incredibly busy academic year. All I wanted to do was have a coffee and complete the daily wordle puzzle.

So, if you are feeling burnt out, having a hard time focusing, or just want to take a quick break, my gift . . . [more]

Posted in: Legal Information

Tips Tuesday

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

Problem Verbs (And Gerunds)
Neil Guthrie

Problematic because they are newfangled and ugly. Error: Seen in a recent lawyer blog post: The court errored when … Nope. It erred or made an error. To paraphrase the poet, to err is human; to error is unforgivable. … . . . [more]

Posted in: Tips Tuesday

New Animal Law Research Guide From the University of Toronto’s Bora Laskin Law Library

The University of Toronto Bora Laskin Law Library, in partnership with Professor Angela Fernandez and Animal Law Research Associate Sam Skinner, is proud to announce the launch of the Animal Law Research Guide, a resource for those researching Canadian animal law. The Animal Law Research Guide seeks to provide a collection of secondary sources as well as primary legislation in the field of animal law.

While the Animal Law Research Guide provides a collection of Canadian animal law resources, the Brooks Animal Law Digest Canada Edition provides up-to-date information on developments in Canadian animal law. Published twice . . . [more]

Posted in: Education & Training: Law Schools

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. BC Estate Litigation Blog 2. IP Osgoode 3. Le Blogue du CRL 4. Know How 5. Double Aspect

BC Estate Litigation Blog
B.C. Case Comment: Applications for Standing to Bring Claims on Behalf of Estate Against Executor

What happens if you are a beneficiary and you believe

. . . [more]
Posted in: Monday’s Mix

Summaries Sunday: Supreme Advocacy

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, Oral Judgments and Leaves to Appeal granted from April 14 – May 18, 2022 inclusive.

Oral Judgments

Criminal Law: Delay
R. v. Safdar, 2021 ONCA 207; 2022 SCC 21 (39629)

Brown J.: “The appellant, Syed Adeel Safdar, was tried for offences related to the abuse of his wife. At the conclusion of evidence . . . [more]

Posted in: Summaries Sunday

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): Les appels de Tony Accurso sont rejetés; la Cour confirme les déclarations de culpabilité résultant de la participation de l’appelant à un système de collusion et de corruption au sein de la Ville de Laval ainsi que les peines d’emprisonnement respectives de 30 et 48 mois prononcées en . . . [more]

Posted in: Summaries Sunday