Canada’s online legal magazine.

Cherishing the Family Jewels

There are some who believe that the 80:20 rule applies to almost everything. Also known as the Pareto principle or the principle of factor sparsity, it suggests that approximately 20% of activity produces 80% of results. Conversely, in approximate terms we have 80% of population owning only 20% of wealth and other such examples in every sphere of activity, and so it goes on. I am inclined to agree.

As I look at law publishing businesses, particularly the smaller ones which are still engaged in print and book publishing, I’m sure that around 20% of their activity . . . [more]

Posted in: Legal Publishing

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. ABlawg.ca 2. Double Aspect 3. Slater Vecchio Connected 4. Canadian Securities Law 5. Global Workplace Insider

ABlawg.ca
Alberta’s Family Violence Death Review Committee: Recent Reports, Recommendations and Reflections

Alberta’s Protection Against Family Violence Act, RSA 2000, c P-27 (PAFVA) was passed in 1999 and has as

. . . [more]
Posted in: Monday’s Mix

Significant Costs Can Curb Complex Class Actions

Class proceedings were introduced, in part, to promote access to justice, and continue to play an important role in addressing social wrongs. The Supreme Court of Canada described this in Western Canadian Shopping Centres Inc. v. Dutton as follows,

28 …by allowing fixed litigation costs to be divided over a large number of plaintiffs, class actions improve access to justice by making economical the prosecution of claims that would otherwise be too costly to prosecute individually. Without class actions, the doors of justice remain closed to some plaintiffs, however strong their legal claims. Sharing costs ensures that injuries

. . . [more]
Posted in: Justice Issues, 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.

PERSONNES : Les demandeurs sont autorisés, pour une durée de 60 jours, à soigner contre son gré une jeune femme de 20 ans qui souffre d’anorexie extrême ainsi que d’un trouble de la personnalité limite, qui refuse catégoriquement de s’alimenter et qui est à risque de décès; le plan de . . . [more]

Posted in: Summaries Sunday

Team Diversity, Conflict and the Need for Robust Discussion – Part 1

This is the first of a two part series exploring how teams can operate effectively in organizations and environments characterized by complexity and constant change.

Each of us works in multiple teams. Think law firm partnership meetings, law firm committees and practice groups, professional organizational teams, project teams, pro bono teams, multi-disciplinary teams working on a large client file, etc. In the “old days”, teams were stable and relatively homogeneous. They set goals, used Gantt charts, planned the work and worked the plan.

Today, the environment in which we work is complex and constantly changing, team members come and go . . . [more]

Posted in: Dispute Resolution

When Does the Limitation Period for a Wrongful Dismissal Claim Start?

In a recent decision, the Ontario Court of Appeal clarified that the limitation period for a wrongful dismissal claim does not start at the end of employment, but rather as soon as working notice is provided. . . . [more]

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

Thursday Thinkpiece: Rudin on Accommodating Indigenous Cultural Practices in Court

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.

Indigenous People and the Criminal Justice System: A Practitioner’s Handbook

Author: Jonathan Rudin
Foreword: The Honorable Justice Harry S LaForme, Ontario Court of Appeal
General Editors: Brian H. Greenspan and Justice Vincenzo Rondinelli

ISBN: 978-1-77255-304-8
Publisher: Emond Publishing
Page Count: 305
Publication Date: August, 2018

Regular Price: $115
Series Subscription Price: $100 . . . [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. Toure v. Canada (Public Safety & Emergency Preparedness), 2018 ONCA 681

[26] The question regarding any issue in immigration habeas corpus matters, other than in the case of lengthy detentions of uncertain duration, will be, whether there is a complete, comprehensive and expert alternative remedy that is as broad and advantageous as a habeas corpus application: Chhina v Canada (Public Safety . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Public Interest Regulation: Governance Reform at the Law Society of Ontario

The Law Society of Ontario (LSO) has launched a call for comments on potential governance reforms. Reform is long overdue. The governance of the LSO is archaic and in no way approximates the structure of a modern, effective board. To its credit, the LSO appears to recognize the problem and is attempting to move towards modernizing its governance.

There are currently 90 members of “Convocation” – the archaic name for what is supposed to be a Board of Directors at the LSO. These 90 consist of 45 elected licensees (40 lawyers and five paralegals), 8 lay benchers appointed by the . . . [more]

Posted in: Practice of Law

26 Cannabis Companies Sign Supply Agreements With Province of Ontario

Yesterday, the Ontario Cannabis Store (the “OCS“), which will initially be the province’s sole retailer (and later will morph into a wholesaler), announced that it has entered into supply agreements with 26 federally licensed producers after having completed its first competitive product call.

Patrick Ford, President and Chief Operating Officer of the OCS, noted that the agreements allow the province to “safely and securely provide a broad variety of cannabis products to adult consumers when online sales begin” on October 17, 2018.

Although the details of particular products and sizes have not yet been released, the OCS stated . . . [more]

Posted in: Miscellaneous

Five New Pillars of U.S. Trade Policy (A.k.a. the “Poison Pills”)

Canadian business is navigating through a period of growing uncertainty in terms of both global politics and trade, and faces unprecedented challenges with respect to marketing, production and investment decisions. In the current climate, the Government of Canada’s policy can be summarised in the words of Minister Chrystia Freeland: “Hope for the best, plan for the worst.”

A review of the apparently fixed U.S. position in the NAFTA negotiations is both telling and discouraging for the future of the agreement and North American trade. Canada’s early “charm offensive” led by the Prime Minster, combined with an engagement strategy tied to . . . [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.

Practice

Sometimes You Have to Spend Money to Make Money
Sandra Bekhor

As a lawyer, you identify with being a professional. Strongly and consistently. Perhaps, not as much with being a business person (even if you play a leadership role at your firm)? Most of the time, that’s just fine. Some of the time, it’s not. …

Research & Writing

CAPS
Neil Guthrie

Not hats: capital letters (or, in . . . [more]

Posted in: Tips Tuesday