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 seventy 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. StartupSource  2. BC Injury Law & ICBC Claims Blog 3. Susan on the Soapbox  4. First Reference Talks  5. National Self-Represented Litigants Project Blog

Top 10 Intellectual Property Mistakes – January 26, 2017

Join our panel of experts as we examine the top ten most common intellectual property mistakes which leave innovators and business owners unable to reap their hard-earned rewards to their full potential. Gain practical and strategic advice from IP and legal professionals on the pitfalls of not having an early-stage IP strategy that could cause problems down the road and inhibit success. Agenda: What IP strategy? Due diligence – why bother? Who owns the IP? What’s wrong with using this sample agreement? I’ve published – now what? Can I patent my logo? Can’t I just do it myself? …

BC Injury Law & ICBC Claims Blog
Court Rejects “Particularly Problematic” ICBC Expert Witness

Adding to this site’s archived case summaries addressing advocacy by expert witnesses, reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, soundly criticizing an expert witness for a lack of objectivity. In today’s case (La Porte v. Earl) the Plaintiff was involved in a 2010 collision that the Defendant admitted fault for. She suffered physical and psychiatrist injuries as a result of the crash. In the course of the crash the Defendant’s insurer sent her to a psychiatrist who marginalized any psychiatric injuries she had and their connection to the collision. …

Susan on the Soapbox
Viola Desmond: The Perfect Choice

Viola Desmond is the first Canadian woman to be featured on our bank notes. We know the outline of her story—Ms Desmond was arrested, jailed and convicted for refusing to leave the whites-only section of a movie theatre. Her story speaks to the pernicious nature of racism in Canada and how it impacts those who suffer from discrimination. A movie ticket isn’t just a movie ticket. Ms Desmond and her husband Jack owned a barber shop/beauty salon in Halifax. Ms Desmond was on a business trip when her car broke down in New Glasgow. When she found out it wouldn’t be ready until the next day she booked a hotel room and went to the movies. …

First Reference Talks
Termination deemed reprisal for refusing unsafe work

In the recent decision Podobnik v. Society of St. Vincent de Paul Stores (Ottawa) Inc. 2016 CanLII 65109, the Ontario Labour Relations Board (OLRB) held that the Employer had reprised against the Employee when it terminated her employment after she had exercised her rights under the Occupational Health and Safety Act (OHSA) to refuse unsafe work. The OLRB did not agree that the termination was the result of an legitimate organizational restructuring. Rather, it held that the Employee’s termination was motivated “at least in part” as a reprisal against her for exercising her rights under the OHSA in the weeks preceding her termination. …

National Self-Represented Litigants Project Blog

Without a Litigation Representative, Brain-Damaged Plaintiff Forced to Represent Herself by Court that Alters Her Competency Designation

One of the stories that haunted me from the 2013 National Study was told me by a woman (“Fiona”) who, following a traumatic brain injury sustained in a motor vehicle accident that ended her career, was trying to recover spousal support arrears. She had had a lawyer, but like many of the SRLs in the study, had run out of funds to continue. Fiona explained to the settlement conference judge that as a person with a brain injury, she needed to take notes for her future recall, but the judge would not let her and told her, “You must respect the court and you should not take notes when I am talking. Put your pen down.” …


*Randomness here is created by and its list randomizing function.

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