Canada’s online legal magazine.

Archive for March, 2015

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.

FISCALITÉ : Le demandeur, qui exploitait une entreprise de prostitution illégale et qui a déjà travaillé à titre de vérificateur à Revenu Québec, n’est pas crédible quand il affirme qu’il ne savait pas qu’il devait déclarer les revenus gagnés de façon illégale ou criminelle; les cotisations fiscales attaquées sont confirmées. . . . [more]

Posted in: Summaries Sunday

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.

Do Process LP v. Infokey Software Inc., 2015 BCCA 52

Areas of Law: 

Solicitor-client privilege; Waiver; Mootness

~In determining whether solicitor-client privilege has been waived, the court must consider whether fairness and consistency in the litigation requires that waiver be implied.~

BACKGROUND: This appeal arose from a complicated proceeding about the development, ownership and licensing of software. The plaintiffs in the underlying action, ProSuite Software Limited (PSL) and the . . . [more]

Posted in: Summaries Sunday

The Friday Fillip: A Way Around

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.


Chapter 3
A Way Around

Backton was a two-horse town.

In almost all weathers the two mares, Hee and Yalup, stood patiently in Mr. Goncourt’s small paddock and received visitors bearing apples and other gifts of affection. They were asked to do no other work, for, according

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

Family Justice 3.5: Fostering a Settlement-Oriented Legal Culture

This is the note on rethinking our approach to family justice that I never thought I’d find myself writing, and as a result I need to begin with an explanation and an apology. In this short post, I describe what I see as lawyers’ duties to promote settlement, to respect informed compromise and to refrain from litigating family law disputes without good and sufficient reason. First, however, I’ll explain the circumstances that have provoked me to write.

I’m involved in a number of the present efforts to reform family justice. In one particular group, I have received a certain amount . . . [more]

Posted in: Justice Issues

Supreme Court of Canada Updated Policy for Access to Court Records

Earlier this week, the Supreme Court of Canada published its revised Policy for Access to Supreme Court of Canada Court Records. It took effect March 17, 2015 and replaces the policy dated February 9, 2009.

In addition to the hearing schedules, docket information, party information, case summaries, webcasts of appeal hearings and factums on appeal, the Court will begin to post memorandums of argument on applications for leave to appeal after they are granted.

The revised policy also introduces a Registered Access process for frequent users.This is for people who require regular access to multiple court records in one . . . [more]

Posted in: Justice Issues, Legal Information

Start of the Electronic Age?

In late January, the Federal Courts Rules were amended to permit the maintenance of court files in electronic form. The changes to the Rules, for the first time, removed the requirement that the official court docket for a proceeding be kept in “paper”. These changes open the door to improved electronic service and filing of court documents in the Federal Court.

Justice Brown’s comments regarding the Ontario Court, seem applicable, “Consign our paper-based document management system to the scrap heap of history and equip this Court with a modern, electronic document system.”

The changes to the Federal Court Rules . . . [more]

Posted in: Intellectual Property

Thursday Thinkpiece: Burningham on Courts, Challenges and Cures

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.

Courts, Challenges, and Cures: Legal Avenues for Patients with Rare Diseases to Challenge Health Care Coverage Decisions

Sarah Burningham | University of Saskatchewan College of Law
(2015) 1 Canadian Journal of Comparative and Contemporary Law 317

Excerpt: Part III

[Footnotes omitted. They can be found in the original via the link above]

III. . . . [more]

Posted in: Thursday Thinkpiece

“Birds Fly. Humans Create”

Last week, I joined some 25 others at a Winnipeg bar for Paint Nite. Many of those present were painting for the first time since elementary school. Nonetheless, two hours (and a few beers) later, we each walked out proudly holding the product of the evening’s work. I posted a picture of my creation online and soon received a lot of positive (and some incredulous) feedback on the painting.

That experience got me thinking about what we mean when we talk about creativity. How is it that a room full of individuals who don’t normally paint could each manage . . . [more]

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

The Surveillance Society Is Already Here

Canadians often look at intrusive, anti-privacy surveillance in other countries, and at things like the NSA and Patriot Act in the United States and think we are above that. But it is becoming apparent that Canada is just as bad. We need to do better than this and move the pendulum back towards individual rights and freedoms, and away from a surveillance society that does very little if anything to actually protect us.

For example, it recently came to light that the Communications Security Establishment, or CSE, Canada’s equivalent of the NSA, monitors and stores emails sent to Canadian government . . . [more]

Posted in: Substantive Law: Legislation

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. Potter v. New Brunswick Legal Aid Services Commission, 2015 SCC 10

[1] The issue in this appeal is whether and in what circumstances a non-unionized employee who is suspended with pay may claim to have been constructively dismissed. The case involves the indefinite suspension of an employee with pay in the context of negotiations for a buyout of his contract of . . . [more]

Posted in: Wednesday: What's Hot on CanLII

What Makes a Law School Great?

What makes a law school great? What should a law school curriculum seek to accomplish in light of the school’s obligations to its students, its university, the pursuit of knowledge, the profession, and society as a whole? What should a law school strive to be?

Every law school has to answer these questions one way or another, and events of the last few years – the crises of American legal education and Canadian articling, and global and technological shifts in the legal services market – have given them greater urgency.

In this column I want to share my own law . . . [more]

Posted in: Legal Education, Legal Ethics

The Open Book

Rumors of the book’s death have clearly been exaggerated, and another lament is not needed. Still, I’m finding the books on my desk and shelves noticeably altered by the digital age of Kindles and iPads. My books have assumed a weight, for example, when I’m packing for trip, that I can’t recall them having had before. And sometimes when I turn the page, I have to pause over the extravagance of having had that page printed, assembled, bound, and shipped for me to read but once, perhaps adding a note to its luxuriant margin. Can it be that what remains . . . [more]

Posted in: Legal Publishing