Canada’s online legal magazine.

Challenges to Mandatory Vaccinations: Further Thoughts

Just as the Toronto medical officer of health called for limiting the exemptions to Ontario’s mandatory vaccine regime for school children to only one, on medical grounds (although this has not been received positively by the provincial health minister), Vaccine Choice Canada and five mothers have challenged the requirement that in order to attend public school, children must receive vaccinations.

The Immunization of School Pupils Act already includes grounds for exemption for medical, religious and conscientious grounds; however, the group challenging the legislation consider the exemptions — and therefore the legislation — contravene their rights, in part because of the . . . [more]

Posted in: Justice Issues, 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 practice, research, writing and technology.

Research & Writing

Finding Information About Private Acts
Susannah Tredwell

“Private acts” are acts that are passed to deal specifically with the private interests of a person, company, or organization; for example the Acme Assurance Company Incorporation Act, S.C. 1931, c. 71 is a private act. Private acts can be found both federally and provincially. …

Practice

How Do You Get Other Lawyers – or Yourself – to Write . . . [more]

Posted in: Tips Tuesday

Thoughts About Self-Regulation in the Public Interest

It is no secret that that self-regulation can be compromised by the tension between the public interest and the interest of the regulated profession[i]. This tension leads some to say that self-regulation is inherently flawed and should come to an end.

In this column, I suggest that:

  • it may be useful to recognize that conflicting professional interests are more in tension in some areas than in others and accordingly to look for ways to mitigate that tension where it is potentially problematic
  • there may be limited measures that can be used to mitigate such tension without having to
. . . [more]
Posted in: Legal Ethics

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. Legal Feeds 2. Eloise Gratton 3. David Whelan 4. Double Aspect 5. Mack’s Criminal Law Blog

Legal Feeds
Proof of death can be retroactive, SCC decides in Carleton U. pension case

Proof of death has a retroactive effect, and the heir to a deceased university professor’s estate

. . . [more]
Posted in: Monday’s Mix

Reasons Not to Travel With Your Bling

The Ontario Court of Appeal recently released a brief decision in Demetriou v. AIG Insurance Company of Canada, overturning a decision on a summary judgment motion.

The claim involved a man who had traveled to a resort in Punta Cana, Dominican Republic. Unfortunately he did no leave his ring at home, and wore it on a gold chain around his neck. This was a special ring, one that had been passed on to him by his maternal grandmother, and he had been provided it by his parents so that one day he could give it to one of his . . . [more]

Posted in: Substantive Law: Judicial Decisions

Summaries Sunday: OnPoint Legal Research

One Sunday each month OnPoint Legal Research provides Slaw with an extended summary of, and counsel’s commentary on, an important case from the British Columbia, Alberta, or Ontario court of appeal.

Pacific Centre for Reproductive Medicine v. Medical Services Commission, 2019 BCCA 315

AREAS OF LAW:  Constitutional; Public; Human Rights

~The Medical Services Commission decision to deny a private medical clinic approval as a diagnostic facility was reasonable and the clinic provided an insufficient evidentiary foundation to establish its claim that the denial breached rights under s. 7 of the Canadian Charter of Rights and Freedoms for the clinic’s . . . [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) : L’argument des appelants au soutien de leur demande de déclaration d’inconstitutionnalité de la Loi de 2013 sur la succession au trône, voulant que cette loi modifie la charge de la Reine et qu’elle n’ait pas été adoptée suivant la bonne procédure, est rejeté.

Intitulé : Motard . . . [more]

Posted in: Summaries Sunday

Keatley Surveying v. Teranet: It’s Time for a Blanket Statutory Obligation Exception

In Keatley Surveying, the small issue of whether a statutory regime of land titles registration involving the filing and dissemination of land surveys was addressed through a much larger question of copyright ownership of those land surveys. Ownership in the copyright of land surveys became the basis for maintaining the integrity of a land titles system when it could have been addressed through the statutory obligation exception in the Copyright Act.

Teranet is a statutorily empowered third party manager of Ontario’s land registry system. Land surveys registered on title are scanned and digitized, then made available to the . . . [more]

Posted in: Intellectual Property

Friday Jobs Roundup

Each Friday, we share the latest job listings from Slaw Jobs, which features employment opportunities from across the country. Find out more about these positions by following the links below, or learn how you can use Slaw Jobs to gain valuable exposure for your job ads, while supporting the great Canadian legal commentary at Slaw.ca.

Current postings on Slaw Jobs (newest first):

. . . [more]
Posted in: Friday Jobs Roundup

Procedural Fairness: Listen to the Other Side

Written by Daniel Standing LL.B., First Reference Editor

A recent case of the Saskatchewan Court of Appeal, Saskatchewan (Employment Standards) v North Park Enterprises Inc., 2019 SKCA 69 (CanLII), illustrates the importance of the Latin maxim, audi alteram partem which means “listen to the other side,” or “let the other side be heard as well.” All administrative bodies, including labour boards, must comply with the rules of natural justice and procedural fairness. Within those rules there exists the duty to act fairly, which includes allowing the parties the right to be heard. In this case, the Saskatchewan Labour Relations . . . [more]

Posted in: Case Comment, Justice Issues, Practice of Law, Substantive Law, Substantive Law: Judicial Decisions

Electronic Wills Even Further Updated

The Uniform Law Commission in the United States has now published the revised text and commentaries to the Uniform Electronic Wills Act adopted at its annual meeting in July 2019.

Here is the official description of the Uniform Act:

The Uniform Electronic Wills Act permits testators to execute an electronic will and allows probate courts to give electronic wills legal effect. Most documents that were traditionally printed on paper can now be created, transferred, signed, and recorded in electronic form.

Since 2000 the Uniform Electronic Transactions Act (UETA) and a similar federal law, E-SIGN, have provided that a transaction is

. . . [more]
Posted in: Legal Technology

A Life Well-Lived in Legal Education and Beyond: Ian Kerr (1965-2019)

On August 27, 2019, my friend and colleague at the uOttawa Faculty of Law Ian Kerr passed away due to complications arising from cancer. He was only 54 years old.

Ian was a giant in his field. A visionary in AI and Ethics who thought about the implications of autonomous vehicles before they even had a name. He was a teacher who deeply cared about his students. He was a researcher who supported, mentored and championed his colleagues. But most of all he was our friend and we miss him dearly.

When Ian left us, tributes flowed in from around . . . [more]

Posted in: Legal Education