New Brunswick drivers are required by the Motor Vehicle Act to carry with them or in their vehicle a card issued by their insurer in a form approved by the government. A motorist who was asked for the card produced an image of a genuine card on her mobile phone. The New Brunswick Court of Queen’s Bench recently held that the image was not good enough. R v Albert, 2016 NBQB 154.

The Decision

At a first trial before a provincial court judge, the court held that the phone display satisfied the demand to show the “card”.

The Crown . . . [more]

[This post is being published simultaneously on our blog]

Each year we compile lists of the most popular cases in the past year. This year is no exception, because one of the comforting things in life is consistency, and the most read cases on CanLII.org give you that this year. Five of the cases on the list were on last year’s list too, and the top two cases are unchanged from last year; four of the cases on this year’s list were on the top 10 list in 2014.

As ever we invite discussion of the cases . . . [more]

For those of you enjoying your well-earned holiday vacation.

March 1601 wasn’t that long ago, from the sequoias and redwoods perspective; even some oaks.

From “The Workhouse: The Story of an Institution” http://www.workhouses.org.uk/Oxford/

Robert Phillis, weaver, shall be delivered unto him twenty powndes towards the settling on worcke in spynning of lynnen and in carding and sorting of wollen with the cytty and suburbes, wherein specyall regard must bee had that the idle and loytring sort be sett on workce, and yf they refuse and doe their worcke amysse, that they be punnyshed by whipping

That probably wouldn’t work under . . . [more]

In Alberta v. University of Calgary the employer university refused employee access to information about herself on the basis of solicitor client privilege. The university then refused the privacy commissioner’s request to review that information which, under Alberta access to government information law, must be disclosed to the commissioner despite “any privilege of the law of evidence” being asserted. A majority of the Supreme Court sided with the university in holding that “any privilege of the law of evidence” does not include solicitor client privilege. If the commissioner’s office has a right to review claims of solicitor client privilege, the . . . [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. Alberta (Attorney General) v Malin, 2016 ABCA 396

[13] This rationale for the Judge’s claimed right to appeal cannot withstand scrutiny. It too amounts to a challenge to legislation, the Criminal Rules, and, in turn, the rule-making authority under the Code of the superior courts under s 96 of the Constitution Act, 1867. We are unable to discern any extant . . . [more]

Reflecting on 2016, in many ways a turbulent and distressing year, I was reminded of the centenaries that it marked. Notable ones for me were the momentous Easter Rising in Ireland, the wasteful Battle of the Somme, the birth of my late father and the establishment of Tolley Publishing.

Its parent, Lexis Nexis UK has posted on Tolley’s web site a “100 Years of Tolley Infographic” and has published a book to celebrate its centenary, entitled, thanks to Jean-Baptiste Colbert, “Plucking the Goose”. The title, apparently not some kind of smutty euphemism or double entendre, serves to . . . [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, writing, and practice.

Research & Writing

4 Questions to Ask About Any Database (Part 1)
Ken Fox – Law Society of Saskatchewan Library

Whenever you set out to use any electronic research source, be it a public web search or a specialized database, there are a few questions you should always ask – four to be exact. You may say there are really five or six important questions, or maybe you think there . . . [more]

The International Federation of Library Associations (IFLA) has issued its “Statement on Government Provision of Public Legal Information in the Digital Age.” This Statement was prepared by members of the IFLA Law Libraries Section and endorsed by the IFLA Governing Board on December 13, 2016.

In the Statement IFLA note’s that the role of providing access to “authentic and official versions of legal materials” and ensuring that these materials are preserved in the future has changed. When dealing with print formats libraries acted as repositories and keepers of this information. In the “digital age” providing and maintaining access . . . [more]

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

StartupSource
Top 10 Intellectual Property Mistakes – January 26, 2017

Join our panel of experts as we examine the top ten most common intellectual property . . . [more]

Defamation is an injury of sorts. Granted, it’s not a bodily harm exactly of the type we see in motor vehicle collisions, or the other types of intangible harms we see in non-pecuniary damages. Instead, defamation deals with a harm to a reputation.

The issue has come to a head in Ontario, with one of the most prominent players in the personal injury industry claiming foul against the Ontario Trial Lawyers Association (OTLA) over a CPD they conducted on marketing and the Rules of Professional Conduct,

Personal injury law firm Diamond & Diamond has lashed out at organizers of

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) : Les dispositions de l’article 737 C.Cr. relativement à la suramende compensatoire, prévoyant une contribution obligatoire affectée à l’aide aux victimes d’actes criminels d’une somme de 30 % de l’amende infligée pour une infraction ou, si aucune amende n’est infligée, de 100 $ pour une infraction punissable sur . . . [more]

On one Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all appeals and leaves to appeal granted, so you know what the S.C.C. will soon be dealing with (November 12 — December 21, 2016 inclusive).

Oral Judgment

Labour Law: Collective Bargaining
British Columbia Teachers’ Federation v. British Columbia, 2016 SCC 49 (36500)

The Chief Justice: “The majority of the Court would allow the appeal, substantially for . . . [more]