Earlier this year, Justice Perell approved a replacement class representative in Sondhi v. Deloitte Management Services LP on a motion for what has already been an exhausting certification process in a class proceeding.

The matter involves a class, who although technically are lawyers, have not been considered as such by their employer or the parties procuring their services. These members typically consist of younger lawyers and new graduates who have been unable to otherwise find employment as lawyers in a traditional context.

I do know many of these young lawyers. I know that they are bright and talented, and would . . . [more]

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.

MUNICIPAL (DROIT) : L’article 2.1 du Règlement sur la prévention des troubles de la paix, de la sécurité et de l’ordre publics, et sur l’utilisation du domaine public, qui prévoit que le lieu et l’itinéraire d’une assemblée, d’un défilé ou d’un autre attroupement doivent être communiqués au service de . . . [more]

In our present family justice system, disputes are presumptively resolved in court, with provincial and territorial legislation acknowledging the possibility of out-of-court resolution with differing, and sometimes indifferent, degrees of emphasis. The Canadian common law tradition of resolving family law disputes in court dates to the establishment of the English Court for Divorce and Matrimonial Causes by the 1857 Divorce and Matrimonial Causes Act, but, apart from custom and legislative preference, there is otherwise no particular reason why it must be the courts which deal with family law disputes.

Traditional court processes have always struck me as the worst . . . [more]

Canada’s three federal research funding agencies – the Canadian Institutes of Health ($1 billion annual budget in 2016-17), the Natural Sciences and Engineering Research Council of Canada ($1.1 billion), the Social Science and Humanities Research Council of Canada ($380 million) – instituted an intellectual property law exception in 2014. It effects the publication of research and scholarship resulting from grants which they have awarded. What began with CIHR in 2008, evolved six years later into Tri-Agency Policy on Open Access Policy on Publications. Under this policy “grant recipients are required to ensure that any peer-reviewed journal publications arising from . . . [more]

On February 27, 2018, the federal government tabled its 2018-19 budget, the third budget for the sitting liberal government. The 2018-19 budget focuses on gender equality, economic growth, job creation and a strong middle class.

In his budget speech, federal Finance Minister Bill Morneau stated, “The Canadian economy is doing well-remarkably well. Over the last two years, hard-working Canadians have created nearly 600,000 new jobs, most of them full-time. Unemployment rates are near the lowest levels we’ve seen in over 40 years.”

The updated fiscal 2018-19 forecasted deficit is $18.1 billion, improved from the fall economic statement estimate of . . . [more]

Cold sweat. I think this is a fair description of your reaction when you find out that you sent money to a wrong email address. Maybe hot flashes. But it’s bound to be some form of physical stress. And for what? All of the conventional payment platforms are reversible. Your money goes through so many intermediaries and layers of abstraction that it’s not usually a problem to reverse a mistaken payment. At worst, you can sue and claim some form of restitution.

But if you send cryptocurrency to a wrong address, you’re done. No bank to give your money back, . . . [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. Devry Smith Frank LLP v. Chopra, 2018 ONSC 1303

[30] In terms of the quality of its work, Mr. Chopra made no complaint, and there was no basis for a complaint. He was a difficult client with a difficult case, which notwithstanding the small value of the claim demanded a great deal of time, attention, and effort from DSF, from which . . . [more]

Patents granted in Canada based on patent applications filed in the last couple of decades have been given terms of exclusivity of twenty years. The twenty year term starts from the date the patent application was filed in Canada, even if it takes several years to be examined and granted by the patent office or if the underlying products take time to be approved by the regulatory agencies.

That has now changed as part of compromises made during the negotiations for CETA, the trade agreement with Europe. Amendments to the Patent Act and implementing regulations came into force in September . . . [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.

Practice

More Tips on Using Microsoft Word
Law Society of Saskatchewan Library

The most popular blog post on Legal Sourcery since our launch in 2014 is Cross-referencing footnotes in Word by Reché McKeague. This post has been read 11,012 times since posted on April 29, 2014. That’s an average of almost 400 times each month. Here are a few more interesting posts on Word tips and tricks from other law . . . [more]

After five years of ABS liberalization in England (and Wales), it is worth having a look at what has happened. Surprisingly and significantly, the answer is “not much”.

ABS liberalization in England

A decade ago, Legal Services Act 2007 brought about significant changes to the practice of law in England. These changes included allowing what were called alternative business structures to provide legal services where only lawyers were previously permitted to serve clients. The first alternative business structures were licensed in late 2011.

The essential idea of alternative business structures is that constraining ownership of legal practices constrains competition and . . . [more]