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Archive for January, 2019

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.

PERSONNES : Même si le CHUM a prouvé qu’il était urgent de soigner un patient dont les membres sont nécrosés par des engelures, imposer à ce dernier une amputation des jambes à ce stade-ci aurait des conséquences néfastes plus importantes que les effets bénéfiques qu’il pourrait en tirer.

Intitulé :  . . . [more]

Posted in: Summaries Sunday

The Conundrum of the Difficult Client

From the moment I created my first public legal education family law website, BC Family Law Resource, in 2001, I have been contacted by people from across Canada, mostly in British Columbia, dealing with difficult family law issues on their own. Although a study of the users of the website’s current incarnation, JP Boyd on Family Law, found that a significant share of users are legal professionals, it was litigants without counsel and people simply browsing for legal information who I originally set out to help.

In the years that passed, hundreds, maybe thousands, of people have gotten in . . . [more]

Posted in: Justice Issues, Practice of Law

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

What Makes for a Good Lawyer Leader/ Manager?

It’s common that the type “A” personality attracted to the practice of law would similarly be enticed to take on leadership positions when on offer. These may be external – such as a board opportunity, or internal – such as a chance to serve on a committee, as head of a practice group or client team, on the executive or as managing partner.

Often, the decision to pursue or accept these positions is made from an emotional standpoint. We want to be seen as desired. We want that title on our biography. We want to be seen as someone who . . . [more]

Posted in: Legal Marketing

Video Surveillance of Employees and Issues of Evidence

The use of surveillance cameras in the workplace in Canada is quite common. Often, surveillance cameras are installed to deter theft, vandalism, assault, harassment and suspected criminal or improper activity. However, many employees question the right of employers to record them in the workplace and state that it is a breach of their privacy. Do employees’ privacy rights compete with employers’ needs to ensure that his or her employees do their job, come in at the right hours, and don’t behave inappropriately?

This case involves a union’s application to exclude video footage from the admissible evidence in a recent grievance . . . [more]

Posted in: Case Comment, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Book Review: Torts: A Guide for the Perplexed

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.

Torts: A Guide for the Perplexed. By GHL Fridman. Toronto: LexisNexis Canada, 2017. 174 p. Includes bibliographic references and index. 978-0433495543 (hardcover) $85.00.

Reviewed by Lisa Marr
Library Technician
Perley-Robertson, Hill & McDougall LLP/s.r.l
In CLLR 43:4

As a law library technician, I am ashamed to admit that before reading this . . . [more]

Posted in: Book Reviews

Digital Intermediaries Can Be Responsible for Unknown CASL Violations– New CRTC Guidance on S. 9 Anti-Spam Compliance

Canada’s Anti-spam law (CASL) is ambiguous and very onerous to comply with. The Parliamentary INDU Committee, that studied the law, has made numerous recommendations in order to provide needed clarity to the law. In December 2017 their report stated “The Act and its regulations require clarifications to reduce the cost of compliance and better focus enforcement.” The Government has responded confirming they intended to act on the recommendations.

While we wait for that certainty the CRTC has issued a further Guidance document, Guidelines on the Commission’s approach to section 9 of Canada’s anti-spam legislation (CASL), Compliance and Enforcement Information . . . [more]

Posted in: Intellectual Property, Legal Marketing

Canada’s Law Societies Need a National Civil Service

This post summarizes a full-text article with the same title on the SSRN, and refers to Fasken InHouse.

The Law Society of Ontario (LSO) is to have a bencher[1] election on April 30, 2019. We should vote only for those candidates that present solutions to the access to justice-unaffordable legal services problem (the “A2J problem”). Governments are now reacting without law societies.

Benchers have to be something more than the present part-time amateurs who bring to the job only the expertise of a lawyer to deal with major problems that are not legal problems, e.g., the . . . [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. McGoey (Re), 2019 ONSC 80

[25] Mr. Phinney has definitively identified the typeface used in the Ledge Lodge document, dated January 4, 1995, as set in a font called Cambria. As of January 4, 1995, however, the Cambria typeface had not yet been created. It was designed for Microsoft beginning in 2002 and did not reach the general public until January . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Doctors’ Refusal to Refer Patients for Treatment They Refuse to Provide on Religious Grounds

The importance of religion in Canada is reflected in the Canadian Charter of Rights and Freedoms, both in section 2(a)’s guarantee of “freedom of conscience and religion” and in the inclusion of “religion” as a protected ground under section 15’s equality provision. As all guarantees, these are subject to section 1’s justification for limiting rights, which are “subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society”. And as do other rights, those related to religious belief may come into tension with other rights and guarantees.

In January 2018, . . . [more]

Posted in: Case Comment

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

Further Confusing Pairs
Neil Guthrie

I forget where we are in the series. Part 8? Anyway… Avert/advert: One averts one’s gaze from something unpleasant; one adverts (turns one’s attention) to other matters. The two have been confused since the Middle Ages. …


Create Your Own Personal Pension Plan
Jackie Porter

2019 is here and rather than lament about funds you already spent in 2018, now . . . [more]

Posted in: Tips Tuesday

Call for Submissions – McGill GLSA Conference, Western Journal of Legal Studies

Two student-led organizations recently contacted me with their Call for Submissions announcements. While we don’t wish Slaw to become a hub for press releases, I do generally like to help out student groups. Hopefully Slaw readers will also find these interesting.

The first is McGill’s 2019 Annual Law Graduate Conference, scheduled for May 8-9, 2019 in Montreal. The theme of this year’s conference: “Law: Proactive or Reactive”; and the call for submissions can be found on the event website at:

Any questions, contact the GLSA committee by email at

Secondly, the Western Journal of Legal . . . [more]

Posted in: Announcements