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Urgent Interim Relief Available Under New ADRIC Arbitration Rules

One of the new features of the updated ADR Institute of Canada (ADRIC) Arbitration Rules, which came into effect at the end of 2014, is the express provision for “Urgent Interim Measures”.

Unlike Superior Court judges, arbitrators have no inherent jurisdiction. They depend upon the Act and the arbitration agreement for their jurisdiction. In some situations, it has been unclear whether an arbitrator has the authority to grant interim relief. In others, delays in the appointment of the arbitrator made it impossible to obtain urgent relief. If parties have to go to court for such relief, it may result in . . . [more]

Posted in: Dispute Resolution

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 sixty 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. Blogue du CRL 2. Labour Pains 3. First Reference Talks 4. Pierre Roy & Associés Blogue 5. Susan on the Soapbox

Blogue du CRL
Devant quel district judiciaire une action dirigée contre le gouvernement doit-elle être intentée?

Afin de pouvoir répondre à cette question, l’honorable Gérard Dugré, j.c.s. remarque, . . . [more]

Posted in: Monday’s Mix

All the Ways Your Legal Skills Can Be Used

A law degree opens doors. One of those doors is the internal reigns of a company or large corporation, the role we often refer to as general counsel (also known as in-house counsel).

The increased importance of general counsel in the business world is worth emphasizing. The sheer numbers of general counsel between the 60’s and 80’s quadrupled in America, and a moved from a middle management role to one directly involved in strategic management.

Mary Daly suggests that this shift occurred due to rising legal costs, and for this reason, this trend is unlikely to reverse. Lawyers found the . . . [more]

Posted in: Practice of Law: Future of Practice, Practice of Law: Practice Management

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.

Summary of all appeals and leaves to appeal granted (so you know what the S.C.C. will soon be dealing with) (May 14 – June 10, 2015 inclusive).

Appeals

Constitutional/Aboriginal Law: s.15
Kahkewistahaw First Nation v. Taypotat, 2015 SCC 30 (35518)
To establish a prima facie violation of s. 15(1), a claimant must demonstrate the law at issue has a disproportionate . . . [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.

CONSTITUTIONNEL (DROIT) : Les deux juges municipaux retraités demandeurs échouent dans leur tentative de faire déclarer que l’article 39 de la Loi sur les cours municipales est ultra vires et inopérant en général ou inapplicable à leur cas et qu’ils ont le droit de continuer à exercer leur rôle de . . . [more]

Posted in: Summaries Sunday

A Few Thoughts for Family Law Litigants, Part Two: Comments From the Bench and Others From Me

In my recent post “A Few Thoughts for Family Law Litigants: Why it Pays to Let Bygones Be Bygones,” I wrote about the foolishness of litigants who allow themselves to be guided by hurt feelings or desire for revenge when taking their family law dispute to court. I also gave a few examples of the typical sort of silliness I often saw in my practice when parents managed their conflict by exchanging allegations and counterallegations in affidavits, such as this gem from early in my career:

Her: “You drink all the time. You’re always drunk and there are

. . . [more]
Posted in: Legal Information, Practice of Law

Recommind to Host Canadian eDiscovery Socials

As you can see from the latest banner on the top of Slaw, Recommind Inc. is set to host a series of eDiscovery Socials in June. The company has arranged for three of their senior thinkers to come to Toronto (June 17th), Calgary (June 24th) and Montreal (June 25th) to discuss everything from big data trends and advanced analytics to new methods for targeted document review.

It’s also worth noting that these events are intended to be networking events and not a sales spiel. The goal is simply to connect with professionals in Canadian firms that are either facing difficult . . . [more]

Posted in: Miscellaneous

The Friday Fillip: Winter’s Hem

For the next while the Friday Fillip will be a chapter in a serialized crime novel, interrupted occasionally by a reference you might like to follow up. Both this chapter of the book and the whole story up to this point can be had as PDF files. You may also subscribe to have chapters delivered to you by email.


 

MEASURING LIFE
 
Chapter 15
Winter’s Hem

It had been a tiring day. Most days were tiring now. But the talk of Jared and of arrangements after her death seemed to have taken even more out of her

. . . [more]
Posted in: The Friday Fillip

Introducing the Access to Justice Research Network!

Access to justice issues have frequented academic, legal, political and mainstream debates for many years (with Slawyers often initiating or driving the dialogue happening in the Canadian blogosphere!). Yet, until now, there has been no identifiable, central platform in Canada where a wide range of justice stakeholders can exchange research and resources, raise questions and share ideas and concerns about access to justice issues. As fellow blogger Karen Dyck notes there is “… innovation in access to justice happening everywhere…[but there is] little evidence of either coordination or collaboration toward what seems to be a common goal.”

In response to . . . [more]

Posted in: Justice Issues

Passing the Smell Test: The Duty Accommodate Employees With Scent Sensitivities

The British Columbia Human Rights Tribunal recently considered the types of accommodations employers are required to make with regard employees with scent sensitivites.

The employee, a teacher with the Coquitlam School District, filed a complaint with the Tribunal alleging that her employer’s failure to provide a scent-free work environment amounted to discrimination on the basis of physical disability, contrary to British Columbia’s Human Rights Code.

In an attempt to accommodate her disability, the School Board and the employee agreed upon an exposure control plan that would allow the employee to take steps to minimize her allergic reaction, including leaving the . . . [more]

Posted in: Substantive Law: Judicial Decisions

Human Rights Tribunal’s Finding of Disability Discrimination in Employment Overturned

The Court of Queen’s Bench of Alberta recently overturned a finding of disability discrimination in employment in the case of Syncrude Canada Ltd v Saunders, 2015 ABQB 237 (CanLII). The Court decided that the Alberta Human Rights Tribunal erred in finding that the employee established a prima facie case of discrimination when the evidence could not reasonably support the conclusion that the employee suffered from a disability or a perceived disability requiring accommodation. . . . [more]

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

Thursday Thinkpiece: Carsley on Rethinking Canadian Legal Responses to Frozen Embryo Disputes

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.

Rethinking Canadian Legal Responses to Frozen Embryo Disputes

Stefanie Carsley
Canadian Journal of Family Law issue #29(1)
Copyright © 2015 Reprinted with permission from The Canadian Journal of Family Law

Excerpt: Introduction and Part I
[Footnotes omitted. They can be found in the original via the link above]

INTRODUCTION

In December 2012, the . . . [more]

Posted in: Thursday Thinkpiece