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Meredith Principle Does Not Preclude Constructive Dismissal Claim

Industrialization transformed western society, reorganizing economies for the purpose of manufacturing and wealth generation. These changes came with at considerable costs, some of which are only being more recently recognized, such as harm to the environment.

The more immediate and obvious harms to workers were of a greater concern a century ago and were in many ways the focus of organized labour, both before and after unions became legal on 1872, with the passing of the Trade Unions Act. This statute was enacted specifically to gain union support prior to the election that year, forming the 2nd Parliament of . . . [more]

Posted in: Substantive Law: Judicial Decisions

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

Use Search Filters on CanLII
Alex Tsang

Applying filters to your search results is a great way of narrowing them down and can help save time you might otherwise spend scrolling through hundreds or even thousands of results! … . . . [more]

Posted in: Tips Tuesday

The Updated Ethical Principles for Judges: Reaction From the Canadian Association for Legal Ethics / Association Canadienne Pour L’ethique Juridique (CALE/ACEJ)

After several years in development, the Canadian Judicial Council (CJC) has published its updated Ethical Principles for Judges (EPJ). The updated EPJ can be found here.

The Canadian Association for Legal Ethics/Association Canadienne pour L’ethique Juridique (CALE/ACEJ), of which we are President and Vice-President, has followed the revision of the EPJ with considerable interest and has offered comments and suggestions to the CJC along the way (see here, here, here, and here for CALE/ACEJ’s submissions to the CJC). Now that the updated EPJ have been released, it is time to take stock. Below we . . . [more]

Posted in: Legal Ethics

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

A Singular Problem
Neil Guthrie

I received an e-mail informing me of the death of an alumni of the firm where I articled. I was saddened by that news – he was a very nice guy – but also (albeit in a less significant way) by the writer’s choice of words. … . . . [more]

Posted in: Tips Tuesday

Guidance on Application of PIPEDA to Google Search

In the context of investigation of a complaint under PIPEDA[1] the Privacy Commissioner of Canada sought a reference to determine several preliminary issues.[2] The claimant claimed Google violated PIPEDA when certain links to news articles pertaining to him arose in a search using the Google search engine. Google had taken the position that PIPEDA did not apply to Google, either, firstly, since the search service was not a commercial activity within the meaning of Section 4(1)(a) of PIPEDA[3], and, secondly, if PIPEDA did apply then Google was excused since it was carrying out a journalistic activity . . . [more]

Posted in: Intellectual Property

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

Co-
Neil Guthrie

This prefix is overused. Certainly in co-conspirator, where it is unnecessary, as co- and con- both import the notion of joint action. That doesn’t stop US legislators from perpetuating the redundancy, however: … . . . [more]

Posted in: Tips Tuesday

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

More Bad Verbs From Nouns
Neil Guthrie

We’ve already covered the awful reference when refer to is meant (but I seem to be losing the battle in getting people to use the latter). Two new horrors crossed the radar recently. One is reference again, but used to mean checking a candidate’s references for employment purposes. Ugh. … . . . [more]

Posted in: Tips Tuesday

More Canada-U.S. Pipeline Problems – Michigan’s Push to Shutdown Line 5

The state of Michigan has demanded that a Canadian company, Enbridge Energy Company (Enbridge), close the portion permitted by an easement of its oil pipeline—Line 5—that crosses the Straits of Mackinac, which joins Lake Michigan and Lake Huron. Line 5 is an interstate, interprovincial, and international pipeline, owned and operated by Enbridge. It is used to transport petroleum products from Wisconsin, through Michigan, to Ontario, Québec, and further locations in Canada.[1]

Michigan’s Notice of Termination of the easement applies to a 4-mile portion of dual lines along the lake floor and ordered Enbridge to cease operation by May 12, . . . [more]

Posted in: Administrative Law

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

Searching Older Issues of the Canada Gazette
Susannah Tredwell

Library and Archives Canada (LAC) recently updated its historical Canada Gazette database to improve the search experience. This database contains the issues of the Canada Gazette published between 1841 (when it replaced the Upper Canada Gazette and the Lower Canada Gazette) and 1997. … . . . [more]

Posted in: Tips Tuesday

Google Is Subject to PIPEDA in Canada

The Internet, it is proverbially thought, lives forever. That is, until jurisdictions around the world started to develop the “right to be forgotten.”

In 2017, a complaint was made to the Privacy Commissioner of Canada that Google violates the Personal Information Protection and Electronic Documents Act (PIPEDA), by displaying links to news articles with personal and sensitive information about him.

This wasn’t the first privacy complaint that the Commissioner faced about Google, which previously included Wifi data collection. The Commissioner has also investigated other businesses that index private information that is maintained or removed on Google, or businesses . . . [more]

Posted in: Substantive Law: Judicial Decisions

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

Use CanLII Search Operators Like a Pro
Alex Tsang

While researching using CanLII, are you looking for documents containing one word or phrase but not another? Or maybe you are looking for documents containing an exact phrase? Never fear, operators are here to help! … . . . [more]

Posted in: Tips Tuesday

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

Proofread fail
Neil Guthrie

I think’s how the kids would express what happened to a California judge. A better way to describe it might be ‘an embarrassing example of assuming the junior person who’s working for you will have done the proofreading in the first place, and that you don’t need to check things yourself.’ … . . . [more]

Posted in: Tips Tuesday