Canada’s online legal magazine.

Summaries Sunday: Supreme Advocacy

On 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 and leaves to appeal granted, so you know what the S.C.C. will soon be dealing with (Mar. 17, 2017 to April 20, 2017 inclusive).

Appeals

Civil Law: Acquisitive Prescription

Ostiguy v. Allie, 2017 SCC 22 (36694)

The Code of Québec has not changed the process of acquisitive prescription, which may be set up against . . . [more]

Posted in: Summaries Sunday

GitHub Workflow and Legal Drafting

There are a few posts on Slaw about Git/GitHub and the law, including several posts by Tim Knight. In most cases, the discussion centers on using GitHub to publish legislation and track legislative changes. I promise this column isn’t merely a regurgitation of previous content.

On Slaw, and in any post on the Internet that talks about Git and legal content, the fact that some legal document has been posted on GitHub is seen as an indication that somebody is trying to make things more transparent or collaborative, or just trying to bring the law closer to technology.

I think . . . [more]

Posted in: Legal Technology

Budget 2017 Bill to Implement Employment Insurance and Canada Labour Code Measures

On April 11, 2017, the federal government introduced Bill C-44, the Budget Implementation Act, 2017, No. 1, omnibus legislation that would enact various measures outlined in its 2017 Budget. This article deals with the Bill’s amendments to Employment Insurance benefits under the Employment Insurance Act and similar measures under the Canada Labour Code. . . . [more]

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

The Cost of Justice (Research)

At the end of Rules for a Flat World[1], Gillian Hadfield offers five steps to improve how legal systems operate. In this post, I want to elaborate a little on the fourth of her recommendations: catalyze and fund research.

Hadfield describes the state of knowledge about legal infrastructure as “abysmal”. She notes the lack of data about how legal systems work and about who has access to them. She exhorts governments to collect more data about legal institutions and make this data available to researchers, making the case that more and better research is necessary to improve our . . . [more]

Posted in: Justice Issues

Thursday Thinkpiece: Jordan Furlong’s 3 Key Components of a Client Strategy

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.

LAW IS A BUYER’S MARKET: BUILDING A CLIENT-FIRST LAW FIRM

ISBN: 978-0-9953488-0-6. 244 pgs. Softcover.
© Copyright 2017

Jordan Furlong

Excerpt: Chapter 10, pages 132 – 139.
[Footnotes omitted.]

____

When building a Client Strategy, your firm needs to employ the following three key components of your Client Strategy. These are practical, actionable . . . [more]

Posted in: Thursday Thinkpiece

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. Wall v Judicial Committee of the Highwood Congregation of Jehovah’s Witnesses, 2016 ABCA 255

[22] Accordingly, a court has jurisdiction to review the decision of a religious organization when a breach of the rules of natural justice is alleged. The respondent’s application raises numerous complaints regarding the process used by the appellants. He contends that he was not provided with particulars . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Canada’s Cannabis Act: A High Level Overview

The Cannabis Act, which will legalize the recreational use of cannabis across Canada, was unveiled by the federal government this past Thursday.

The Act is fairly dense, spanning 226 sections and 6 schedules. While there is a lot of content to digest in the Cannabis Act this is only the tip of the legislative-iceberg. Much of the new law will be encoded in the yet to be drafted federal regulations. Additionally, the provincial and municipal governments across the country have a large role to play as they have been explicitly given authority by the federal government to fill in . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

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 research, writing, and practice.

Practice

Building a Firm of Finders
Sharon VanderKaay

The need for heads-up entrepreneurial lawyers grows as heads-down commodity “grinder” work diminishes. How can we develop more “finders” who see fresh opportunities to attract clients on a daily basis? How can we accelerate this shift in mindset? How can we use every interaction to enhance the firm’s reputation for making clients feel they are in good hands? And how can traditional

. . . [more]
Posted in: Tips Tuesday

The IP Law Malpractice Claims Fact Sheet

With such a large amount of claims prevention information available in LAWPRO Magazine articles and practicePRO resources, we had the idea to create simple fact sheets that CPD providers and others could use in developing their program material for specific areas of law. The latest in our series of “malpractice claims fact sheets” covers IP law.

The fact sheets include quick claims facts, the main causes of claims against lawyers, hot topics in the particular areas of law, tips for avoiding claims and links to practicePRO resources. The sheets can also be used as program inserts in their . . . [more]

Posted in: Practice of Law

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. Wise Law Blog 2. PierreRoy & Associés 3. Robeside Assistance 4. National Security Law Blog 5. Slater Vecchio Connected

Wise Law Blog
LawFact of the Day: Wills and Estates

Everyone who applies in Ontario for a Certificate of Appointment of Estate Trustee is required to file an . . . [more]

Posted in: Monday’s Mix

Privacy Lessons From the Intimate of Things

The Internet is already everywhere, but we expect it to penetrate our lives even further, interacting with all of the devices, infrastructure, and environment around us. This phenomenon is known as the “Internet of Things” (IoT), described in 2014 by Jacob Morgan in Forbes as follows,

Simply put, this is the concept of basically connecting any device with an on and off switch to the Internet (and/or to each other). This includes everything from cellphones, coffee makers, washing machines, headphones, lamps, wearable devices and almost anything else you can think of. This also applies to components of machines, for example

. . . [more]
Posted in: Substantive Law: Foreign Law, Technology

Seven Years After Bill 168, We Learn It Is Costly Not to Comply With Violence Provisions Under OHSA

It has been a little under seven years since Bill 168 made amendments to Ontario’s Occupational Health and Safety Act (OHSA) by adding employer obligations regarding the prevention of workplace violence and harassment. Considering the release of recent employer convictions for failing to comply with employer obligations to prevent and protect workers from violence under OHSA, we thought it would be good to look at some of these cases and revisit the legislation to help employers understand those obligations and comply. . . . [more]

Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation