Canada’s online legal magazine.

Archive for August, 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. David Whelan 2. Know How 3. Lash Condo Law 4. First Reference 5. Canadian Appeals Monitor

David Whelan
Deep Links Take Care

I’ve long been a fan of deep linking. If you can provide a lawyer or researcher a direct link to a resource within a larger

. . . [more]
Posted in: Monday’s Mix

Broadly Defining a Director’s Duty in Bill C-97

Corporations are essential to the modern economy. They allow for the organization and strategic application of capital in focused manner that allows for wealth to grow, and have been a fundamental legal innovation for the emergence of the capitalist economy.

Of course, corporations as legal entities are a legal fiction that converts what would otherwise be a piece of property into a party with its own free-standing rights. These rights are limited, however, and continue to be defined.

The Court in cases like Irwin Toy Ltd. v. Quebec and British Columbia Securities Commission v. Branch confirmed that although they enjoy . . . [more]

Posted in: Substantive Law: Judicial Decisions, Substantive Law: Legislation

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 (July 12 – August 8, 2019 inclusive).

Appeals

Criminal/Military Law: Trial by Jury
R. v. Stillman, 2019 SCC 40 (37701)(38308)

S. 130(1) (a) of the NDA is not inconsistent with s. 11 (f) of 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.

MUNICIPAL (DROIT) : La Cour supérieure alerte le législateur quant au procédé déloyal auquel la Ville de Hudson a eu recours en manoeuvrant pour tirer un avantage indu de la courte prescription de 6 mois prévue aux articles 585 et 586 de la Loi sur les cités et villes à . . . [more]

Posted in: Summaries Sunday

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 Slaw.ca.

Current postings on Slaw Jobs (newest first):

. . . [more]
Posted in: The Friday Fillip

Confirmation of Stringent British Columbia Test for Family Status Duty to Accommodate

A recent British Columbia Court of Appeal decision confirmed that the stringent test set out in Health Sciences Assoc of BC v Campbell River and North Island Transition Society (B.C.C.A., 2004 “Campbell River“) to determine if there was a duty to accommodate based on family status and if there is a prima facie case of discrimination based on family status, continues to be the applicable test in British Columbia. . . . [more]

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

Book Review: Public Inquiries in Canada–Law and Practice

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.

Public Inquiries in Canada: Law and Practice. By Ronda F. Bessner & Susan Lightstone. Toronto: Thomson Reuters, 2017. xxx, 646 p. Includes table of cases, bibliographical references, and index. ISBN 9780779880720 (softcover) $144.00.

Reviewed by Alexia Loumankis
Reference and Research Librarian
Bora Laskin Law Library, University of Toronto
In CLLR . . . [more]

Posted in: Book Reviews

ICAIL 2019 In Review

The International Association for Artificial Intelligence and Law (IAAIL) is a non-profit organization that has organized academic conferences on artificial intelligence and law every two years, since 1987.

The most recent International Conference on AI and Law (ICAIL) was held this June in Montréal, QC, hosted by the CyberJustice Lab at the University of Montréal Faculty of Law. I had the opportunity to attend, presenting the results of my work as part of the ABA Innovation Fellowship program in 2018/2019, which was sponsored by Canadian legal practice management software company, Clio.

The conference is an academic event. . . . [more]

Posted in: Technology

Court Forms: Should Most Forms Be Eliminated?

 

Court forms are confusing. They are difficult to fill in and contain legal jargon. Even worst, the guides for court forms can be hard to follow. Especially, if you do not have a strong grasp of English or an understanding of the court system.

I have personally witnessed numerous people struggle with court forms, both while waiting to file a court document and while volunteering at a legal clinic. In the article “Literacy Requirements of Court Documents: An Underexplored Barrier to Access to Justice“, Professor Amy Salzyn, et al., write about the difficulties in navigating court forms. . . . [more]

Posted in: Technology

Video Marketing

The use of video in marketing has changed the way people search and buy services. Not surprising there are a number of factors that help viewers connect with material including video length but maybe somewhat surprising orientation also does. As the use of video continues to evolve and we get better at sharing information there are some ways to ensure your content stands out.

YouTube continues to be the number one video channel used by marketers. And although it is primarily used by more seasoned social media users, the ability to get on and start building your profile is relatively . . . [more]

Posted in: Legal Marketing

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. Yashcheshen v University of Saskatchewan, 2019 SKCA 67

[21] Accordingly, in order to determine if the Charter applies to the College’s LSAT policy, it is necessary to begin by asking whether the University is “government” by virtue of its nature. The answer to that question is clear. Numerous cases have found that universities are not “government” in this sense. See, most . . . [more]

Posted in: Wednesday: What's Hot on CanLII

What Attracted Me to Law — and Why I’m Still Here

I first started musing about going to law school as I was finishing my undergrad degree in political science. The idea didn’t last long, though, because I couldn’t afford it (and this was long before law school tuition had even begun its climb into the stratosphere). Grad school, on the other hand, paid money to teaching assistants and otherwise and so I went on to my master’s and then my doctorate in political theory. I didn’t consider law school again for another three years or so. . . . [more]

Posted in: Miscellaneous

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