Canada’s online legal magazine.

Archive for October, 2018

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. R. v. Daviault, [1994] 3 SCR 63, 1994 CanLII 61 (SCC)

The facts of this case and the judgments below are set out in the reasons of Justice Sopinka. Although I agree with my colleague on a number of issues, I cannot agree with his conclusion that it is consistent with the principles of fundamental justice and the presumption of innocence . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Highlights From Ontario’s New Proposed Cannabis Legislation

Last week the Ontario government announced a radical change to the manner in which cannabis will be sold and consumed in the Province of Ontario.

Highlights of the announcement, which was initially made by Ontario Finance Minister Vic Fedeli and Attorney General Caroline Mulroney, and followed by the introduction of Bill 36, An Act to enact a new Act and make amendments to various other Acts respecting the use and sale of cannabis and vapour products in Ontario (or the “Cannabis Statute Law Amendment Act, 2018” for short), include the following:

Timeline for Implementation

The government confirmed that when legalization . . . [more]

Posted in: Substantive Law: Legislation

Ombudsman Impartiality Is a Delicate Balance

The recent announcement that another major Canadian bank is withdrawing from the national banking ombudsman service in favour of a private dispute resolution service for customer banking complaints raises interesting questions about independence and impartiality.

In September, the Ombudsman for Banking Services and Investments (OBSI) confirmed that Bank of Nova Scotia will no longer use the service for banking complaints as of November 1. Instead, it will join Royal Bank of Canada and Toronto-Dominion Bank in using ADR Chambers Banking Ombuds Office (ADRBO) to resolve complaints, the Globe and Mail reported.

Scotiabank will still use OBSI for investment disputes, . . . [more]

Posted in: Dispute Resolution

Tips Tuesday

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 practice, research, writing and technology.

Research & Writing

The Case of the Disappearing Comma
Neil Guthrie

LinkedIn helpfully provides readymade comments on the updates that your connections post there. If your colleague Luisa has a new job, you can just click on a button below her update to post an immediate Congrats Luisa. …


Force PDFs to Download Instead of Load in Browser
Emma Durand-Wood

Are there fillable PDF forms on your website? . . . [more]

Posted in: Tips Tuesday

The Two Faces of Lawyer Altruism

After a year off from teaching legal ethics, I need to prepare before my course starts in January. Getting up to speed with the shifting “law of lawyering” is obviously part of the job. Students need to know the rules that they will have to follow when they practice law; that’s a big part of the reason why the course is mandatory. Obeying the law of lawyering usually accords with self-interest. It keeps one out of trouble with the law society, and it’s a good career move.

However professionals are ideally more than just rationally self-interested rule-followers. Lawyers (like other . . . [more]

Posted in: Legal Ethics

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 more than 80 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. Canadian Appeals Monitor 2. Timely Disclosure 3. NSRLP 4. Official Clio Blog 5. McElroy Law Blog

Canadian Appeals Monitor
Tracing the Limits of Auditors’ Liability Post-Livent: the Ontario Court of Appeal Considers an Auditor’s Duty to Third Parties in Lavender v. Miller Bernstein LLP

In Lavender v.

. . . [more]
Posted in: Monday’s Mix