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Alberta Fair Registration Practices of Regulatory Bodies Proclaimed in Force

The Alberta Fair Registration Practices Act is proclaimed in force on March 1, 2020, to speed up the process of newcomers getting their credentials recognized so they can work in the careers they trained for, and remove unfair barriers. . . . [more]

Posted in: Education & Training, Justice Issues, Legal Information, Practice of Law, Practice of Law: Future of Practice, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

We Need More Evidence-Based Research on Mediation in Canada

Research in New Zealand sheds light on commercial mediation in that country, and highlights the lack of hard data on mediation in Canada.

Grant Morris, law professor at Victoria University of Wellington, New Zealand, published From Anecdote to Evidence: The New Zealand Commercial Mediation Market, in 2017.

(Hat tip to mediator/arbitrator Rick Weiler (@Medarbman) for retweeting a commentary on the NZ paper from a US bankruptcy attorney, which drew my attention to this interesting research.)

Professor Morris’s research project surveyed and interviewed commercial mediators. New Zealand is a relatively small country, so the numbers for this research were quite . . . [more]

Posted in: Dispute Resolution

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. R. v. Nikirk, 2020 BCPC 10 (CanLII)

[1] It must be remembered that accidents happen, sometimes accidents with catastrophic consequences solely as a result of negligence and not as a result of criminal behaviour. Neither the consequences of the accident, nor the severity of the injuries caused by that accident, define the criminal responsibility of the driver of the vehicle at . . . [more]

Posted in: Wednesday: What's Hot on CanLII

The Value of the National Self-Represented Litigants Project

I recently announced my intention to step aside as the Director of the NSRLP at the end of 2020. The primary reason is my health (I have cancer). I intend to spend the next year fundraising, to ensure the longevity and stability of the NSRLP as a permanent not-for-profit organization. This blog reflects our thinking about the core work of the NSRLP as we embark on an effort to secure its future – Julie Macfarlane

Why does there need to be a permanent national organization interacting directly with both the public and justice system professionals?

The only way the justice . . . [more]

Posted in: Justice Issues

If You’re a Terrorist, Be Sure You Tell Your Insurer or Your Policy Will Be Void

In yet another lesson in what you need to reveal when obtaining life insurance, the Ontario Court of Appeal has wasted little time in telling your beneficiary they’re out of luck when you fail to reveal information that your life expectancy might be affected by your prior terrorist activities. In Mohammad v. The Manufacturers Life Insurance Company, the Court of Appeal held because Fadia Khalil Mohammad’s husband had failed to reveal a material fact on the application for life insurance, the contract was voidable and therefore Manulife was entitled not to pay her the proceeds of the policy. The . . . [more]

Posted in: Case Comment

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

Titles
Neil Guthrie

Not of books, but of dignitaries. Judges: Stephen Waddams observes in Introduction to the Study of Law (my edition is 1992) that it is not proper to refer to a judge as Your Honour (or My Lord/Lady, where that is still used) outside the courtroom. …

Practice

Find Articling/Summer Students With the CPLED Student Resume Directory
Law Society of Saskatchewan Library

CPLED is . . . [more]

Posted in: Tips Tuesday

Why Mentoring Programs Fail (And How to Fix Them)

Most law firms intuitively understand the value of mentoring. Unfortunately, that rarely translates into a successful mentoring program. Here’s what’s wrong with them, and how to fix them.

There are so many skills a young lawyer needs to develop in their formational years, and so little time in which to do so. Additionally, it’s so easy for a young lawyer to make a misstep that might cost them their future at the firm. It just makes sense to pair younger lawyers with more seasoned ones who can watch over them, shorten the learning curve and speak up for them within . . . [more]

Posted in: Practice of Law

Unofficial Consolidated Divorce Act Available

There is, as yet, no official consolidation of the current Divorce Act and Bill C-78 as passed by Parliament, and I understand that one isn’t likely to be coming soon. This isn’t a problem for many, but it is a problem for me and for anyone else who produces public and professional legal education materials.

Since the changes are coming into effect on 1 July 2020, just five short months from the date of writing, I’m taking the opportunity the amendments suggest and rewriting the Clicklaw wikibook JP Boyd on Family Law from stem to stern, and, well, a consolidation . . . [more]

Posted in: Legal Information, Substantive Law: Legislation

Unexpected Events, International Trade, and Contractual Obligations

In a globalized economy, unexpected events on the other side of the world can easily have direct economic impacts on the Canadian economy. Complex supply chains and strategic imports can be quickly disrupted by political, social, or medical issues.

One contemporary example would be with the coronavirus emerging in China. The China Council for The Promotion of International Trade (CCPIT), which was founded in 1952, and is responsible for developing business cooperation and exchange with other countries, announced this week, announced they will provide force majeure certificates for companies impacted by the coronavirus outbreak. CCPIT is the agency most famously . . . [more]

Posted in: Substantive Law: Foreign Law, 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.

Colwill v. Workers’ Compensation Board, 2019 BCCA 453

AREAS OF LAW:   Workers’ Compensation Act; Reviewing Workers’ Compensation Board Policies; Minimum Compensation under s. 22(2) of the Act

~WCB Policies #37.21 and #39.30, which restrict when the minimum compensation payable under s. 22(2) of the Workers’ Compensation Act is payable, are reasonable and valid. ~

Overview

The petitioner had been injured at work in 2009. The Workers’ Compensation board . . . [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.

PÉNAL (DROIT) : La requête en arrêt des procédures pour délais déraisonnables est rejetée, le délai total de 7 mois et 13 jours entre l’ordonnance d’un nouveau procès et la fin anticipée de celui-ci étant présumé raisonnable en application de R. c. Jordan (C.S. Can., 2016-07-08), 2016 CSC 27, SOQUIJ . . . [more]

Posted in: Summaries Sunday

Bridging the Gap: Providing Children With Limited Standing in Family Law Proceedings

The recent decision of the British Columbia Court of Appeal in A.B. v C.D. v E.F. offers a couple of troubling conclusions with respect to the rights of children and whether determining the presence of family violence requires proof of intent not prescribed by statute. I’ll leave it to others, and hopefully the outcome of a successful leave application, to address the family violence issue; this note concerns a gap in the province’s Family Law Act, revealed by the decision, that leaves mature minors without the ability to apply to court for a declaration as to what is or is . . . [more]

Posted in: Case Comment, Justice Issues