Lawyers love awards. So much so that they have become in some quarters such a questionable marketing practice that the Law Society of Ontario has special commentary for them under the Rules of Professional Conduct,

4.2-1 A lawyer may market legal services only if the marketing

(a) is demonstrably true, accurate and verifiable;

(b) is neither misleading, confusing, or deceptive, nor likely to mislead, confuse or deceive; and

(c) is in the best interests of the public and is consistent with a high standard of professionalism.

…

[3] Examples of marketing that do contravene this rule include…

(e) referring

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.

DROITS ET LIBERTÉS : La Cour d’appel confirme que les propos tenus par Mike Ward à l’endroit de Jérémy Gabriel, lequel est atteint du syndrome de Treacher Collins, sont de nature discriminatoire et qu’ils ont eu pour effet de compromettre le droit de ce dernier à la reconnaissance en pleine . . . [more]

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):

• Insolvency Lawyer (Full-time) | Toronto, ON
  (The Heller Group)
• Construction Lawyer–Senior Associate or Partner (Full-time) | Toronto, ON
  (The Heller Group)
• Senior Legal Counsel (Full-time) | Toronto, ON
  (The Heller Group)

Written by Daniel Standing LL.B., Editor, First Reference Inc.

The recent case of the Federal Court of Canada, Chapman v Canada (Attorney General), 2019 FC 975 (CanLII) involved the issue of procedural fairness in the context of a disciplinary investigation. A complaint of wrongdoing was made against a high-ranking public servant who was not provided any particulars of the allegation. Due to a variety of factors, the Court determined that the employee had been denied an opportunity to fully respond to the allegations. As there had been a breach of procedural fairness, the Court ordered that the matter be . . . [more]

On-line reviews have become incredibly important for professionals to build their client base. Entire industries have been built on the notion that one person’s experience – even someone you do not know – is a tool used to judge ones abilities. We do it all the time with restaurants, stores, apps, and on and on. More and more on-line reviews are being used when people choose service providers.

It used to be when you needed a lawyer, you would reach out to someone you know and hope they knew someone. This may have led you to a tax lawyer when . . . [more]

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. Lifechoice Ltd. v Adams, 2019 CanLII 28274 (AB ESU)

[28] Like most commissioned salespeople, the Respondent’s income was dependent in whole or in part on her sales success. The fact an individual is paid commission does not remove him or her from the definition of “employee” under the Code. There must be some indicia of entrepreneurial activity on the part . . . [more]

The movement toward speedy adjudication of payment disputes in the construction and technology sectors seems to be gaining some momentum this fall, with new programs being launched in Ontario and England.

In England, the Society for Computers and Law (SCL) has launched a new adjudication process for resolution of technology disputes, following several years of study and industry consultation.

SCL was established to educate legal and technology professionals and promote “best practice” for the technology sector in the UK. It identified a need for faster, cheaper resolution of disputes involving long term, high value, and technically complex technology contracts.

Adjudication . . . [more]

Will we ever reach a point when how women dress or whether they don’t immediately rush to tell someone they’ve been sexually assaulted are not interpreted as superceding consent in determining whether a sexual assault has occurred? It’s been some 20 years since the Supreme Court of Canada, particularly L’Heureux-Dube J. in dissent, but also the majority, in Seaboyer emphasized the distorting role myths and stereotypes play in deciding sexual assault cases. The recent Court of Appeal decision in R. v. Lacombe tells us that some (in this case lower court) judges have still not heard the message. . . . [more]

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

Finding Federal Orders in Council
Susannah Tredwell

Thanks to Jason Wong of McCarthy Tétrault LLP for the inspiration for this tip. The Privy Council Office has created an online database that allows users to search for federal Orders in Council (OICs) made between 1990 and the present. … . . . [more]

We always look forward to the ABA Legal Technology Resource Center’s Annual Legal Technology Survey Report on the use of technology in the legal profession. The summary of the “Marketing and Communication” portion of the 2019 survey was recently published. It was written by our good friend Allison Shields and contains some fascinating (and worrisome) statistics.

Respondents to the 2019 Survey segment covering websites and law firm marketing were mostly solos or from smaller firms, consisting of 27% solos, 29% lawyers in firms of 2-9 lawyers, 18% from firms of 10-49 lawyers, 11% from firms of between 100-499 . . . [more]