Canada’s online legal magazine.

Archive for December, 2018

⛰️ CanLII’s Top Ten Accessed Cases From 2018 ⛰️

Surely the winter holiday season wouldn’t be complete without the annual list of the most viewed cases from CanLII in the prior year. We’re not sure what legal information tidbit would complete other holidays, but we’re open to suggestions. Over recent years we have been averaging over 30,000 site visits per day on, and we are grateful for the ongoing support of the legal community and the trust Canadians place in us for their legal research needs. Interestingly no case released in 2018 made the top ten list. It will remain to be seen if this year has been . . . [more]
Posted in: Substantive Law: Judicial Decisions

CRTC Jurisdiction Over Broadcast Content

The Toronto municipal election earlier this year has attracted nation-wide scrutiny given the changes to council size and invocation of s. 33 in Bill 31. In an election already marred by confusion and uncertainty, there has also been some controversy around the candidates involved. One mayoral candidate, Faith Goldy, who has received a disproportionate amount of attention online, is described by The Globe as “a troubling extremist” and “manipulative monomaniac.” She is generally assumed to reflect the views of the growing “alt-right” across Canada, and as a result, many debate organizers have deliberately excluded her from events. Goldy’s . . . [more]

Posted in: Substantive Law: Judicial Decisions

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) : Le juge de première instance devait appliquer un ratio de 1 jour pour chaque jour passé en détention provisoire, en application de l’article 719 (3.1) C.Cr. in fine, la constitutionnalité de cette disposition n’ayant pas fait l’objet d’un jugement d’un tribunal supérieur québécois. Intitulé : R. . . . [more]

Posted in: Summaries Sunday

Designing Rules of Procedure for the Arbitration of Family Law Disputes

In Canada, the available sets of arbitration rules are designed for corporate-commercial disputes and general civil disputes. None are designed for family law disputes, which is especially problematic in jurisdictions like British Columbia, where the Arbitration Act specifies the rules that will be used absent the parties’ agreement to the contrary. Those rules, by the way, are the domestic rules of the BC International Commercial Arbitration Centre, which are hardly ideal for family law disputes and require hefty payments to the Centre. As a result, in many jurisdictions lawyers taking a case to arbitration simply adopt the local rules . . . [more]

Posted in: Practice of Law

Why We Can’t Ban Legal Advertising

Whenever I see billboard or TV advertising for law firms, I worry. I don’t worry about the “dignity” of the legal profession; I worry about the people at whom these ads are targeted. Choosing the best possible firm can make a major difference in the long-term happiness and financial security of a person with a serious personal plight legal need (e.g. a personal injury, a divorce, or a criminal charge). Mass media ads almost never provide any useful information that would help someone in this position make an intelligent choice. The airbrushed photos, empty boasts, and gleaming boardrooms in these . . . [more]

Posted in: Legal Ethics

Employment and Labour Law Related Changes in Ontario Bill 66 and More

On December 6, 2018, the Ontario Conservative government introduced Bill 66 – An Act to restore Ontario’s competitiveness by amending or repealing certain Acts in the legislature. Bill 66 impacts several employment and labour related laws, such as the Employment Standards Act, 2000 and the Labour Relations Act, 1995. This blog post outlines the Bill 66 changes and my thoughts on these continuous employment and labour law government driven changes. . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Thursday Thinkpiece: Competition Enforcement and Litigation in Canada

Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Competition Enforcement and Litigation in Canada Author: Antonio Di Domenico Foreword: John Pecman, Commissioner of Competition (2013-2018) ISBN: 978-1-55239-643-8 Publisher: Emond Publishing Page Count: 1100 Publication Date: October, 2018 Regular Price: $249 (print), $211 (e-book) Excerpt: Chapter 4, Section IV, Bid Rigging, pages 118-125. [Footnotes omitted. They can be found in the . . . [more]

Posted in: Thursday Thinkpiece

Book Review: The Globalization of Adoption: Individuals, States, and Agencies Across Borders

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 Globalization of Adoption: Individuals, States, and Agencies Across Borders. By Becca McBride. Cambridge: Cambridge University Press, 2016. xiii, 203 p. Includes graphs and tables. ISBN 978-1316604182 (paperback) $37.95. Reviewed by Allison Harrison Team Leader, Systems Defence Research and Development Canada Library In CLLR 43:4 The Globalization of Adoption: Individuals, States, . . . [more]

Posted in: Book Reviews

Self-Represented Litigants in the Courts: How They Are Shaping the Jurisprudence

What happens to a system of expert legal adjudication when in some courts, up to three in four litigants are advocating for themselves without the assistance of counsel? The influx of self-represented litigants (SRLs) into the family, civil and appellate courts (family: 50% across the country, up to 80% in some urban courts; civil between 30-50%; appellate around 30%) is transforming the justice system. And not, as many would say, in a good way. Judges struggle to find a balance between appropriate assistance and explanation (as the Supreme Court of Canada decision in Pintea v Johns now requires,) and not . . . [more]

Posted in: Justice Issues

Smart Contracts and the Oracle Problem

Smart contracts are simple in concept but often misunderstood. It’s not about creating a contract, it’s about fulfilling a contract without human intervention. When a specified thing happens, the smart contract executes by taking the action it has been programmed to do. For example, you could have a smart contract that orders and pays for a cold drink to be delivered from a nearby restaurant when the temperature goes above 25 degrees on a weekday afternoon. Blockchain is good for creating smart contracts. That’s because blockchain is designed to be resistant to change from human intervention. Rather than putting an . . . [more]

Posted in: Technology

Ten Strategies for Thriving Amid Challenge

Are stress and worry a regular part of your life? Do you often find yourself overwhelmed by the sheer number of things you’ve got to do? For many of us in the workforce the answer is yes. And the good news is this doesn’t mean that something is terribly wrong. It can indicate you are leading a life filled with meaning and purpose. A 2013 study held by University of Florida and Stanford University tracked adults between ages of 18 and 78. Participants were asked to rate how strongly they agreed or disagreed with the statement: Taking all things together, . . . [more]

Posted in: Practice of Law

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. Sokoloff v. Mahoney, 2018 ONSC 7223

[44] The Plaintiff’s claim seeks payment of punitive damages on the basis that the negligence lawsuit was initiated in bad faith in an effort to bully the Plaintiff into walking away from its legitimate fee account. The Amended Statement of Claim further alleges that Mr. Falconeri and his law firm have done this in the . . . [more]

Posted in: Wednesday: What's Hot on CanLII