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Archive for May, 2019

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

Obituary Piracy Assessed

Thomson v. Afterlife Network Inc., 2019 FC 545, is a Federal Court decision in which the Court considers the existence of copyright in obituaries used in an e-commerce context.

DT was the representative plaintiff in a class action lawsuit claiming that posted obituaries and photographs, that were authored and taken by the plaintiff and other class members without their permission and thereby Afterlife infringed the copyright and the moral rights of the class members.

Afterlife operated a website that contained over a million obituaries in Canada and on which Afterlife reproduced obituaries and photos from the websites of Canadian . . . [more]

Posted in: Intellectual Property

Alberta Rolling Back Certain Employment Standards and Labour Relations Reforms

On May 27, 2019, the Alberta government tabled Bill 2, An Act to Make Alberta Open for Business to make amendments to the Employment Standards Code and the Labour Relations Code. This involves rolling back certain measures that were implemented by the previous government and adding in new rules. According to the government, the proposed Open for Business Act would reduce unfair burdens on businesses and give workers more rights in unionized workplaces.

Employment Standards Code changes

1. Introducing a $13 per hour minimum wage rate for students under 18:

This change is not part of Bill 2, but . . . [more]

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

Making It Rain: Effective Lawyer Marketing in the Digital Era

“We don’t believe in digital marketing. We believe in marketing in a digital world.” – Clive Sirkin, CMO of Kimberly Clark

And a digital world it is. We live in a world where three year olds have their own tablets (and operate them quite expertly, thank you very much) and people can work on a project across the globe from their kitchen table in their pajamas. While it is an exciting time, it is also a very challenging time to reach people and to stand out effectively in the crowd. Understanding Mr. Sirkin’s quote is a great first step. The . . . [more]

Posted in: Legal Marketing, Legal Technology

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. Barton, 2019 SCC 33

[1] We live in a time where myths, stereotypes, and sexual violence against women[1] — particularly Indigenous women and sex workers — are tragically common. Our society has yet to come to grips with just how deep-rooted these issues truly are and just how devastating their consequences can be. Without a doubt, eliminating myths, stereotypes, . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Why LinkedIn Has Lost Its Value for Me

I recently accepted a connection request and added my 3,000th contact on LinkedIn. I’d like to use this notable occasion to describe how I’ve completely failed to derive any real value from LinkedIn over the past few years.

I should start by acknowledging that the fault is largely mine. I began using LinkedIn with the best of intentions and the finest of habits. I would only accept connections from people I had previously encountered (online or in person). I would acknowledge each new connection with a brief note of thanks for the addition. I would curate my network carefully, so . . . [more]

Posted in: Practice of Law

Senate Playing With Fire on Environmental Bills

At Confederation, Sir John A. Macdonald famously referred to Canada’s Senate as a chamber of sober second thought. One, he said, that “will never set itself in opposition against the deliberate and understood wishes of the people.”

Sir John A. should be turning in his grave.

Say what you will about Canada’s first Prime Minister, he was right about our Senate: it should provide checks and balances on the elected House, while respecting the will of both that House and the electorate. Our democracy – and public trust in the Upper Chamber – depends in large part on that respect. . . . [more]

Posted in: Justice Issues

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

Neil Guthrie

Slanted type like this, with a number of distinct uses. Used in these posts to set off a word or phrase that is being discussed. Quotation marks would serve that purpose just as well, although things might look a bit cluttered and fussy. …


Slaw Tips Reaches 1000 Tips!

As noted on Slaw – this week, Slaw Tips reached a big milestone: . . . [more]

Posted in: Tips Tuesday

How Law Affects the Relationship Between the People and Government

Law is a significant factor in how the individual is able or is forced to interact with the state. It may be a force of oppression, it may protect people from each other and indeed, from the state itself. It may enable people to attain rights and benefits. Our nexus with law helps to define us as a society. When the opportunity to employ law to attain rights is diminished or when law is used as a threat to force particular conduct based on improper motives, the nature of that nexus changes. Cuts to legal aid and the expected repeal . . . [more]

Posted in: Justice Issues, Legal Information, Substantive Law: Legislation

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. Family LLB 3. Canadian Combat Sports Law Blog 4. Legal Sourcery 5. Canadian Legal History Blog

Canadian Appeals Monitor
The corporate identification doctrine clarified through an intervention in the Supreme Court of Canada

A corporation is of course an abstract entity. It is

. . . [more]
Posted in: Monday’s Mix

Canada Introduces a Digital Charter to Better Protect Privacy

Misinformation and privacy have threatened the very foundations of Western democracy, and Canada has proposed a response – a Digital Charter.

An announcement this past week builds on the commitment made to join the Christchurch Call, to “bring together countries and tech companies in an attempt to bring to an end the ability to use social media to organise and promote terrorism and violent extremism.” The 10 Principles of the proposed Digital Charter are as follows:

1. Universal Access: All Canadians will have equal opportunity to participate in the digital world and the necessary tools to do so, . . . [more]

Posted in: Substantive Law: Legislation, Technology

Summaries Sunday: OnPoint Legal Research

One Sunday each month OnPoint Legal Research provides Slaw with an extended summary of, and counsel’s commentary on, an important case from the British Columbia, Alberta, or Ontario court of appeal.

Kirk v. Executive Flight Centre Fuel Services Ltd., 2019 BCCA 111

AREAS OF LAW: Torts; Class actions; Certification; Negligence, Nuisance; Fuel spill

~Individual questions of specific causation may not be certified as common issues in a class action proceeding.~


The Appellant, Danny LaSante, was the driver of a truck which fell down an embankment and spilled approximately 35,000 litres of helicopter fuel into Lemon Creek. The . . . [more]

Posted in: Summaries Sunday