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Archive for November, 2018

Planning for Business Cycles and Rhythms

Planning – any planning – is better than doing none at all. For this reason, I encourage lawyers to engage in whatever level of complexity of planning they can muster. If that means spending a lunch hour talking about business goals with your partners, or writing down a few goals on a napkin, so be it. But for those who truly understand the value of focussed planning, I encourage you to go a step further to begin to truly manage your resources and take control of your business operations. You can do this by evolving, over time, the type of . . . [more]

Posted in: Legal Marketing, Practice of Law

Book Review: The Law and Practice of Workplace Investigations

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

The Law and Practice of Workplace Investigations. By Gillian Shearer. Toronto: Emond, 2016. xvii, 169 p. ISBN: 9781772551082 (softcover) $99.00.

Reviewed by Heather Wylie
Law Librarian
Alberta Law Libraries
In CLLR 43:1

The Law and Practice of Workplace Investigations is a welcome addition to the Emond Professional Employment Law Series, . . . [more]

Posted in: Book Reviews

New 2018 Cost of Data Breaches Study Released

An important resource for those who study the impact of data breaches is updated for 2018. The 2018 Cost of Data Breach Study: A Global Overview was released by Ponemon Institute, LLC.

The Ponemon Study covers numerous countries and includes a continuing focus on Canada. Some Canadian statistics show the financial impact of data breaches.

Globally, Canada has the highest direct costs from a breach at $81 USD per record including such items as engaging forensic experts, specialist law firm assistance, purchase of identity protection services and the like. Also Canada had the second highest indirect costs at $116 USD . . . [more]

Posted in: Intellectual Property

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. Acheampong, 2018 ONCJ 798

[72] The racialized context of the excessive use of force in this case also weighs in favour of a measurable reduction in sentence. While I accept that the actions of the police officers in this case were in no way influenced by any element of racism, there remains a perception of two armed white police . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Law Society Accountability for the Access to Justice Problem

[See the full text article for this summary on the SSRN, using the same title]

Law societies are not trying to solve the A2J problem, but instead provide “alternative legal services”[1] that merely help that majority of the population that cannot afford legal services learn to live with the problem. That is inevitable because of the operative concept of a bencher[2] and the institutional culture of our law societies, i.e., they do only that which is compatible with that concept and with what they have always done, which does not include the affordability of . . . [more]

Posted in: Practice of Law

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.


Speed Up Your Computer by Dealing With Energy Hogs
Luigi Benetton

Are you reading this post on a computer that has slowed down significantly? To the point that you want to replace it? Before you whip out your credit card, try a few simple things on your computer. You might make it more useable without spending a dime. I’ve already posted two ways you can improve your computer’s . . . [more]

Posted in: Tips Tuesday

Working Toward a Random Sample in Law

As more scholars are looking at doing statistical of case law, I wanted to give some advice on how to do that given the way court decisions are written and published.

The first thing to understand about a dataset of case law is that it is not representative of a sample of all the matters that appear before the courts. Jury verdicts and many oral reasons in various areas of law are never written down, so they are not distributed to CanLII and other publishers. This is particularly common for routine issues in areas law like criminal, family, or small . . . [more]

Posted in: Legal Information

The Latest Word on Unjust Enrichment

This is an important decision for everyone who comes across equitable relief in their practice.

In March 2017 a divided panel of the Ontario Court of Appeal in Moore v. Sweet overturned a finding of unjust enrichment on the ground there was a “juristic reason” for the enrichment. The decision was appealed. On 23 November 2018 the Supreme Court of Canada, splitting 6-2, applying precisely the same legal test, found there was there was no “juristic reason” for the enrichment, and restored the unjust enrichment remedy awarded at first instance.

The facts of the case are simple.

During their marriage . . . [more]

Posted in: Practice of Law, Substantive Law

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. National Magazine 2. Risk Management & Crisis Response 3. Alcohol & Advocacy 4. Robichaud’s Criminal Law Blog 5. Eloise Gratton

National Magazine
Canada should facilitate asylum for targeted LGBTI+ individuals in Tanzania

The headlines out of Tanzania tell the story of dangerous and deadly times for the

. . . [more]
Posted in: Monday’s Mix

Go West – Life Is Patently Unreasonable There

The potential of Online Dispute Resolution (ODR) has long been touted by many of us as part of the solution to the access to justice problem in Canada, especially for low-intensity disputes.

The first province to introduce ODR was B.C. in 2012 with the Civil Resolution Tribunal Act (the “Act”), followed soon after by Quebec’s Plateforme d’Aide au Règlement des Litiges en ligne (PARLe). The success of ODR internationally means that it is a question of time as to when it comes to Ontario, especially with the introduction of programs like joint divorce applications online.

A few features of the . . . [more]

Posted in: Substantive Law: Judicial Decisions, Substantive Law: Legislation

Summaries Sunday: SOQUIJ

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 conséquences très graves, à la fois financières et sociales, d’un système organisé de collusion dans l’adjudication de contrats de travaux publics requièrent l’imposition de peines qui démontrent que de tels systèmes ne seront ni banalisés ni tolérés par les tribunaux; en l’espèce, les peines d’emprisonnement dans . . . [more]

Posted in: Summaries Sunday

Friday Roundup: Slaw Jobs

Each Friday, we share the latest job listings from Slaw Jobs, which features employment opportunities from across the country. Find out more about these positions by following the links below, or learn how you can use Slaw Jobs to gain valuable exposure for your job ads, while supporting the great Canadian legal commentary at

Current postings on Slaw Jobs (newest first):

. . . [more]
Posted in: Friday Jobs Roundup