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Archive for June, 2019

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

Who said it?
Susannah Tredwell

This doesn’t exactly count as legal research, but I periodically get asked for to confirm that a given person was the source of a quote. …


Go to live events
Sandra Bekhor

Technology has made life better in oh so many ways. Today, we can even make new connections with colleagues and clients, without leaving the comfort of our home . . . [more]

Posted in: Tips Tuesday

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. Robeside Assistance 2. PierreRoy & Associés 3. Canadian Legal History Blog 4. Mack’s Criminal Law Blog 5. Canadian Trade Law Blog

Robeside Assistance
New Titles – June 2019

We have a great list of new books at the library this month! The list includes all of the

. . . [more]
Posted in: Monday’s Mix

Municipality Refrains From Changing Controversial Name

When both government and intelligence agencies note that white supremacy is the greatest threat facing Canada today, it’s important to look for signs of these movements, and their symbols.

One of those most obvious symbols to many people would be the swastika, given its association with the Nazi movement in Germany, and hate groups invoking their doctrine worldwide since WWII. Although this is a symbol that is indeed used by many of these groups, they also use many other symbols to hide or obscure their ideology. The swastika itself dates back thousands of years, especially in South Asia, and was . . . [more]

Posted in: Substantive Law: Judicial Decisions

Summaries Sunday: Supreme Advocacy

One Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all appeals as well as leaves to appeal granted so you will know what the SCC will soon be dealing with (May 11 – June 20, 2019 inclusive).

Oral Judgments

Corporate Law: Fraud; Knowing Participation/Assistance
Christine DeJong Medicine Professional Corp. v. DBDC Spadina Ltd., 2018 ONCA 60; 2019 SCC 30 (38051)

Brown J.: “… the . . . [more]

Posted in: Summaries Sunday

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) : Michel Cadotte, déclaré coupable par un jury de l’homicide involontaire de sa conjointe, atteinte de la maladie d’Alzheimer, est condamné à une peine d’emprisonnement de 2 ans et 204 jours, réduite à 2 ans moins 1 jour afin de tenir compte du temps passé en détention préventive, . . . [more]

Posted in: Summaries Sunday

On Second Thought… an Administrative Tribunal’s Common Law Ability to Reconsider Its Decisions

An acquaintance of mine recently accused me of being an “expert” on administrative law now that I have been regularly writing on the topic. His choice of words, not mine. Correct or not, I took it as a complement. Then, based upon his misguided belief, he put an interesting question to me, which provided with some inspiration for this article.

The question related to an unspecified administrative tribunal with no statutory appeal provision and no statutory reconsideration provision. Apparently, the tribunal discovered that it had made a demonstrable and embarrassing denial of natural justice, failing to invite submissions on a . . . [more]

Posted in: Administrative Law

Friday Jobs Roundup

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

Regulations Amending the Canada Labour Standards Regulations

In preparation for the September 1, 2019, coming into force date of the amendments to Part III (Labour Standards) of the Canada Labour Code, the federal government registered in the Canada Gazette, Part II, Volume 153, Number 12, on June 3, 2019, the consequential amendments to the Canada Labour Standards Regulations. This is intended to align the Regulations with the new and amended Canada Labour Code provisions and to support their implementation. Additional housekeeping amendments are also needed to address other editorial and alignment issues. . . . [more]

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

Not Your Grandparents’ Civil Law: Decisions Are Getting Longer. Why and What Does It Mean in France and Québec?

(I’m very pleased to welcome Antoine Dusséaux from Doctrine as a guest contributor on this post. You can read more about and from Antoine below.)

Given my job (CEO at CanLII – saved you a click ) and law degree from a civil law program, I often get to talk about the differences between legal information in Québec compared to the rest of Canada.

I was an intellectual property (IP) lawyer before joining CanLII and although I wasn’t a litigator per se, I was routinely involved in IP cases before the Federal Court. Before that, I did a bit of . . . [more]

Posted in: Legal Information, Legal Publishing

Thursday Thinkpiece: Mini-Law School–Civic Education Making a Difference in the Community

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.

Mini-Law School: Civic Education Making a Difference in the Community

Seattle Journal for Social Justice, Vol. 16, p. 381, 2018

Beth D. Cohen, Associate Dean of Academic Affairs| Director, Legal Research and Writing Program | Professor of Law at Western New England University School of Law
Pat Newcombe, Associate . . . [more]

Posted in: Thursday Thinkpiece

Electronic Systems Are Trusted Far Too Much as to Producing Reliable Evidence – the Oland Example

Most of the evidence now used in legal proceedings and for legal services comes from complex electronic systems and devices. But because of ignorance of technology in general, lawyers don’t challenge the reliability of such frequent sources of evidence. As a result, computers, their software, and computer storage, are dealt with as though they were infallible producers of evidence. As a result, so does the law of evidence. But the technical literature warns repeatedly that software-based devices and systems are far from infallible. Therefore, the evidence they produce may not be reliable. The following articles provide several examples and accompanying . . . [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. Theberge-Lindsay v. 3395022 Canada Inc. (Kutcher Dentistry Professional Corporation), 2019 ONCA 469

[11] We agree with the appellant’s submissions that Ms. Theberge-Lindsay’s unequivocal resignation and re-hiring in 2005 marked a break in the employment relationship after which an entirely new contract was reached between her and Dr. Kutcher. There was consideration for that new employment contract, that is, Ms. Theberge-Lindsay’s offer . . . [more]

Posted in: Wednesday: What's Hot on CanLII