Canada’s online legal magazine.

Archive for January, 2019

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. Double Aspect 2. Robeside Assistance 3. 4. Thoughtful Legal Management 5. IP Osgoode

Double Aspect
Romancing the Law

I had the pleasure of attending last weekend’s Runnymede Society conference in Toronto. As always, the conference was a welcome opportunity to meet with old friends and new,

. . . [more]
Posted in: Monday’s Mix

TORY the Robot and Other Highlights From the IALL Conference in Luxembourg

The IALL conference is one of my favorite meetings to attend. The International Association of Law Libraries’ 37th Annual Course on International Law and Legal Information took place in Luxembourg, from Sunday, September 30, to Wednesday, October 3. I’d never been to Luxembourg before, but will make up any excuse to go again! The theme was “Law in Luxembourg – Where Local Tradition Meets European and International Innovation.” The programme for the 2018 IALL meeting was wonderful as usual – educational, enlightening, and entertaining. I met a robot, TORY! I encourage everyone, even though you do not specialize in . . . [more]

Posted in: Legal Information

Court of Appeal Materials on Greenhouse Gas Challenge

On Sept. 14, 2018, the Government of Ontario announced a challenge to the federal government’s Greenhouse Gas Pollution Pricing Act, which will have significant economic and environmental implications, irrespective of how it is decided. A statement of particulars was required by this date, and the province specified that the Act creates an unconstitutional tax because it is ultra vires of the federal government, and contravenes s. 53 of the Constitution Act, 1867. The full arguments are available here.

Given the broad public interest, the Court of Appeal ordered that any province or territory may intervene as a . . . [more]

Posted in: Justice Issues

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.

FAMILLE : Le juge de première instance a commis une erreur révisable en refusant de rétracter le jugement ayant prononcé la déchéance de l’autorité parentale du père car, d’une part, le délai de 48 mois établi par la jurisprudence pour conclure à un abandon n’a pas été dépassé et, d’autre . . . [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

Don’t Be That Guy

The ex-CEO of General Electric for a time had an empty corporate jet follow his own corporate jet “just in case.”

But it was a paragraph in his explanation letter that I found most instructive:

“Given my responsibilities as C.E.O. of a 300,000-employee global company, I just did not have time to personally direct the day-to-day operations of the corporate air team. I had every right to expect that it was professionally run. Other than to say ‘Hello,’ I never spoke to the leader of corporate air in 16 years.” [emphasis mine]

Now GE has lots of money invested . . . [more]

Posted in: Practice of Law

Thursday Thinkpiece: The Elephant in the Courtroom

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.

Understanding Justice Needs: The Elephant in the Courtroom

Hague Institute for Innovation of Law (HiiL) | November 2018

Excerpt: Project Introduction & Chapter 6: Enabling the Justice Sector Transition

Project Introduction

For the first time, we quantify and pinpoint the yearly need for fair solutions. In this report, we estimate that each . . . [more]

Posted in: Thursday Thinkpiece

Electronic Signatures Revisited (But Why?)

Is an electronic signature valid in law? Twenty-five years after the Internet was opened to commercial use, that may seem to be a surprising question. An off-the-cuff response might be, “why shouldn’t it be?” The law does not prescribe a form or medium for a signature. Any method of associating a legal entity (human being, corporation, government) with a piece of information (document, text, inscription) will do the job, if the legal entity had the intention that the association should be for the purpose of signing it.

A signature may have many purposes, of course: to indicate consent, to show . . . [more]

Posted in: Legal Technology

Advocates Providing “Legal Services”

There’s change on the horizon for Manitoba’s legal community, and not everyone is on board with it.

If you’ve ever read my posts here (and I haven’t written in quite a while, so you may not have), you will likely not be surprised to learn that I support the current efforts of Legal Aid Manitoba to seek permission from the Immigration and Refugee Board of Canada (“IRB”) to use trained advocates rather than lawyers to represent asylum-seekers where appropriate to do so.

According to this CBC News report, Legal Aid Manitoba is seeking to have its advocates not only . . . [more]

Posted in: Justice Issues

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. Heller v. Uber Technologies Inc., 2019 ONCA 1

[3] The appellant commenced this proposed class action on behalf of “[a]ny person, since 2012, who worked or continues to work for Uber in Ontario as a Partner and/or independent contractor, providing any of the services outlined in Paragraph 4 of the Statement of Claim pursuant to a Partner and/or independent contractor agreement” . . . [more]

Posted in: Wednesday: What's Hot on CanLII

The Turducken of Services Challenge

Traditionally, most businesses used software installed on their own systems that was documented by a software license. 

It is becoming more common to use cloud based software or SAAS that is documented by a services agreement.  

One difference is that there can be multiple layers. The services agreement may be subject to or intertwined with a software license, a cloud platform provider, and a reseller. Those can all be different parties with different terms. Each layer may impose the terms of underlying providers.  

The business using the services can be stuck with the terms of the agreements and parties underneath  . . . [more]

Posted in: Technology

Frank v. Canada (Attorney General): Renewing Voting Rights

In its first major decision of 2019, the Supreme Court of Canada has held that Canadian citizens who have been residing outside Canada for at least five consecutive years are entitled to vote in federal elections, contrary to provisions in the Canada Election Act. Although the prohibition was first enacted in 1993, until 2007 Canadians living abroad could reestablish the connection considered necessary to vote — and begin to recount their five years — by returning from time to time; however, as of 2007, Canadian had to reestablish residency in Canada before they could vote. (Exceptions were members of . . . [more]

Posted in: Case Comment