Canada’s online legal magazine.
Solo lawyer start-up guide
LexisNexis Legal Products

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) : L’évaluation de la crédibilité de l’appelant par le juge de première instance étant fondée sur de fausses prémisses, il y a lieu d’ordonner la tenue d’un nouveau procès sous les accusations de voies de fait et d’agression sexuelle portées contre lui par sa conjointe.

Intitulé : T.G. . . . [more]

Posted in: Summaries Sunday

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, SupremeAdvocacyLett@r, to which you may subscribe.

Summary of all appeals and leaves to appeal granted (so you know what the S.C.C. will soon be dealing with)(Oct. 8 – Nov. 12, 2014 inclusive).

Appeals

Criminal Law: Robbery
R. v. Steele, 2014 SCC 61(35364)
A threat of robbery is enough for the offence of robbery.

Public International Law: State Immunity
Kazemi Estate v. Islamic Republic of Iran, 2014 . . . [more]

Posted in: Summaries Sunday

Ontario Consults on a Potential E-Signature Regulation for Real Estate

The Ontario government is consulting on whether to make a regulation under the Electronic Commerce Act to govern electronic signatures to be used on agreements of purchase and sale of real estate.

Draft Regulation

1. For the purpose of subsection 11(4) of the Act, the following class of documents is prescribed: agreements of purchase and sale of land in Ontario.

2. A legal requirement that a document of the prescribed class be signed is satisfied by an electronic signature only if the method of signature used:

a. Is reliable for the purpose of identifying the person who signs;

b. Ensures . . . [more]

Posted in: Substantive Law: Legislation, Technology: Internet, ulc_ecomm_list

The Friday Fillip: Sound Arguments

We are all rhetors. Lawyers more than most, using words to persuade, which is to say arguing. Most people think of arguing as a negative thing, emphasizing the fact of disagreement, disharmony. But, of course, just as it takes two to tango, so it takes two to have an argument, and the latter, like a tango, needs the pair to engage and stay responsive to each other. A good argument is, in fact, an exercise in careful cooperation. It’s a duet.

Most duets in music don’t display the aggressive edge that arguments can have, opting to explore the harmonious side . . . [more]

Posted in: The Friday Fillip

The McGill Guide and Electronic Resources

The eighth edition of the Canadian Guide to Uniform Legal Citation (“McGill Guide”) was published in May. The new edition does not make any changes quite as dramatic as in the previous edition; if you were reading SLAW four years ago, you may remember there was a strong reaction to the removal of periods from citations.

A welcome element in the eighth edition is a greater focus on citing digital resources. The two sections of the McGill Guide that primarily deal with electronic resources are section 1.6 (“Online resources”) and section 6.22 (“Electronic sources”). Other information on citing electronic resources . . . [more]

Posted in: Legal Information

Quebec Legal Info Service CAIJ Adds Commentary From 6 More Law Firms

CAIJ, the Centre d’accès à l’information juridique (the network of courthouse law libraries associated with the Québec Bar Association), has signed resource sharing agreements with 6 major law firms in Québec that will make their legal commentary freely available on the CAIJ website.

The firms in question are:

  • Cain Lamarre Casgrain Wells
  • De Grandpré Chait
  • Langlois Kronström Desjardins
  • McMillan
  • Osler
  • Robic

Their guides, bulletins and commentary articles will be added to a collection that already includes full-text commentary and textbooks including the Développements récents (annual reviews of areas of law), the Collection de droit (Bar School materials), proceedings of the . . . [more]

Posted in: Legal Information, Legal Information: Libraries & Research, Legal Information: Publishing

Privatization of Justice: Balancing Efficiency and Access to Justice

As we struggle to fix access to justice, life goes on and people start to use other means to address their need for an efficient dispute resolution system. The rise of private systems of justice raises interesting questions of transparency, legitimacy, accountability and democracy. A recent book by Professor Trevor C.W. Farrow of Osgoode Hall Law School (Civil Justice, Privatization, and Democracy) is a comprehensive treatment of these issues. (An excerpt was published on slaw.ca earlier this year.)

The Rule of Law requires a system of justice that is characterized by openness, knowledge and accessibility. Professor Farrow’s thesis . . . [more]

Posted in: Dispute Resolution

The Diversity of Manitoba Society

Manitoba’s Provincial Court is advertising a position as a Provincial Court Judge based in Winnipeg. Some of the requirements for those seeking the position are:

  • practised for not less than five (5) years as a barrister and solicitor in Manitoba;
  • a member in good standing of The Law Society of Manitoba;
  • and be entitled to practise as a barrister and solicitor in Manitoba;
  • or have other equivalent experience.

The Judicial Nominating Committee’s mandate is to “assess the professional excellence, community awareness and personal suitability of candidates, while taking into account the diversity of Manitoba society (c. 275, The Provincial Court . . . [more]

Posted in: Justice Issues, Miscellaneous

CRTC Provides Guidance on CASL Software Provisions

The CRTC has just published their thoughts on the interpretation of section 8 of CASL that requires consents for certain types of software installations.

They also discussed them in an IT.Can webinar. Their interpretation is helpful, and addresses some of the uncertainty around the provisions. But some aspects are still unclear, and some of their interpretations may not be entirely supported by the wording of the act. That may be fine so long as the CRTC is enforcing it, but a court does not have to defer to CRTC interpretation. I suspect there will be further clarification coming at some . . . [more]

Posted in: Substantive Law: Legislation, Technology

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. Jan Wong v. The Globe and Mail Inc., 2014 ONSC 6372

[11] Following the book’s publication in May 2012, the Globe and Mail immediately applied to the Arbitrator for a determination that twenty-three phrases in the book breached the MOA’s confidentiality provision. The Globe and Mail sought an order that the applicant forfeit and repay to it the second lump sum, . . . [more]

Posted in: Wednesday: What's Hot on CanLII

The First Tool: Elements of the Project Charter

In the last two articles I described the idea behind becoming a very highly valued five-tools project manager and supplied an overview of the first tool, the project charter. Now let’s look at the elements of a project charter.

The Business Problem

What does the client need to achieve?

Corporate clients rarely have legal problems; they have business problems. (Yes, occasionally it is a true legal problem, but as doctors say, when you hear hoofbeats, think horses rather than zebras.)

What is blocking or imperiling their business? What business goal are they trying to achieve? The more you share an . . . [more]

Posted in: Practice of Law