On May 17, 2016, the federal government tabled Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code to add gender identity and gender expression to the list of prohibited grounds of discrimination. . . . [more]
Archive for June, 2016
The debate between law societies and universities about the contours of law degrees has been at the forefront of discussions between law schools and law societies for the past ten years. In order to control entry into the market of new Canadian faculties of law or foreign universities offering Canadian Law degrees, the Federation of Law Societies has sought to define what is a Canadian law degree. It has defined “core” competencies. Provincial Law Societies also describe the “competencies” required of their members. For example, the Law Society of Upper Canada conditions entry to the Bar to the acquisition of . . . [more]
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.
Excerpt: pp 1-6, 18-27. Footnotes omitted. They can be found in the original via the link above.
What do the BCE case of 2008, the Securities Reference case of 2010, the . . . [more]
Last week, the Toronto Star ran a widely publicized story about a criminal proceeding, in which the accused was charged with drug offences. He earned $16,000 in 2015, which was too much for legal aid but not enough for a lawyer. Therefore, Justice Ian Nordheimer of the Ontario Superior Court stayed the proceedings until the government paid for counsel.
Sadly, stories like this are too common. The legal system, too convoluted to navigate without a law degree, means that the most vulnerable are left in the lurch. Compelled to interact with the judicial system yet unable to afford counsel and . . . [more]
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. Anspor v Neuberger, 2016 ONSC 75
 This application involves a dispute over who owns two Toronto Maple Leafs (the “Leafs”) season tickets (the “Tickets”).
2. Ramdath v George Brown College, 2016 ONSC 3536
 This is that rare class action that actually went to trial and in doing so generated new . . . [more]
The 15th annual ODR conference, which took place in The Hague. on May 23rd and 24th 2016, addressed the very a propos topic that is: “Can ODR Really Help Courts and Improve Access to Justice?” As we’ve discussed in previous posts, more and more courts (e.g. British Columbia’s Civil Resolution Tribunal, tribunals (e.g. Ontario’s proposed online Administrative Monetary Penalty System), and other public bodies are incorporating online dispute resolution tools, mechanisms, and practices into their processes.
Of course, incorporating ODR mechanisms into a Court or a tribunal’s processes implies that said court or . . . [more]
This prize honours Christine Huglo Robertson, Executive Director of the Canadian Institute for the Administration of Justice (CIAJ) between 1992 and 2012. Its goal is to engage law students in the work of CIAJ and to promote scholarship concerning the administration of justice.
Competition for the prize is open only to students registered for an undergraduate degree (J.D., LL.B. or B.C.L.) a Faculty of Law at a Canadian university and only for a paper written in the twelve months preceding the closing date for submissions. Papers submitted for academic credit may be submitted for this prize. Candidates must provide . . . [more]
I’ve written a number of posts lately about tenants who abuse the system and the calls from the judiciary to have our tenancy laws reformed. A decision released two weeks ago is another all-to-familiar another example of how residential tenants can game the system to their advantage.
The tenant entered into a one year lease agreement with the landlord on July 15, 2015. He took possession of the unit on July 20, 2015. He paid his first and last month’s rent but did not make any of the other rental payments (which were to be $1,400 per month).
. . . [more]
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 research and writing, practice, and technology.
Research & Writing
Common CanLII Questions Answered!
I recently sat down with CanLII’s Manager of Content and Partnerships, Sarah Sutherland, to learn what’s new and to ask some common CanLII questions I get from my own users — chief among them being “Are there any decisions I should know about that aren’t on CanLII?” There’s no one single tip here today, but in the spirit of . . . [more]
Becoming “So Good They Can’t Ignore You”: Inspiration From a Collection of Self-Help Books for the Young Lawyer in a Difficult Market
I’m not sure I’m old enough to give advice to young(er) lawyers or credible enough to give career advice in general. I’m also not sure that this post won’t be greeted with snark about the fact that I was lucky enough to be in law school at a very different time, economically at least, than what the current students and young lawyers experience. That caveat and acknowledgment that I almost “had it easy” being done, let’s dive in.
Slaw readers don’t need me to explain anything about the current state of the legal market. In Quebec, the Young Bar of . . . [more]
This article is by Ian Hu, Claims Prevention and practicePRO Counsel at LAWPRO.
I recently spoke about preparing your client for trial and avoiding a malpractice claim at the Advocates’ Society “Practice Essentials: Managing Your Way to Trial Success” CPD chaired by Emily C. Cole and Norm J. Emblem. The CPD spurred us to create a Client Trial Preparation Checklist to help you cover the bases with your clients. I hope the thoughts below are helpful.
As you prepare for trial, the tendency may be to overlook your client. After all, you have an opening to prepare for, statements of . . . [more]
“Here I make an intelligent being out of a bunch of old wires, switches and grids, and instead of some honest advice I get technicalities! You cheap cybernetic shyster, I’ll teach you to trifle with me!”
And he turned the pot over, shook everything out onto the table, and pulled it apart before the lawyer had a chance to appeal the proceedings.
– The Cyberiad