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Archive for January, 2020

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

‘Those Pesky Millennials!’
Neil Guthrie

Grumpy Baby-boomers will oft have cause to make exclamations like this (but they may phrase it in less polite language). Or they may have no cause at all, but exclaim anyway. One thing that is sure to raise the ire of older professionals is casual language in e-mails. … . . . [more]

Posted in: Tips Tuesday

Automated Decision-Making and the Civil and Administrative Justice System

The impact of Automated Decision-Making in the Civil and Administrative Justice System requires deliberate and considerate policy and legal guidance.

On December 10th the Law Commission of Ontario (LCO) brought together lawyers, developers, policymakers, academics and community advocates for an informal and collaborative discussion of the issues and implications of artificial intelligence (AI) and automated decision-making (ADM) in Ontario’s civil and administrative justice system.

These issues are important because of the examples of AI being used in civil and administrative government decision-making in the U.S. and Europe. AI technologies are being deployed in the areas of government benefits, public . . . [more]

Posted in: Justice Issues

No Frustration in New Government Policy

Purchasing a home, for many Canadians, is a significant financial decision. It is one that is often wrought with risk and challenges.

These complexities are increased when market forces or regulatory changes make make the purchase of a new home unaffordable. Unfortunately, these changes may be ones that a purchaser is stuck with, irrespective of the consequences.

The Ontario Court of Appeal reviewed one such case in Perkins v. Sheikhtavi, where the the purchaser made an unconditional offer to purchase a home in the suburbs of Toronto on April 3, 2017 for $1,871,000. As is common in the GTA, . . . [more]

Posted in: Substantive Law: Judicial Decisions

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.

ACTION COLLECTIVE (RECOURS COLLECTIF) : Une action collective contre Hydro-Québec qui invoque un trop-perçu de 1,2 milliard de dollars provenant de ses titulaires d’abonnement de 2008 à 2013 et découlant du fait qu’elle aurait manipulé les données transmises à la Régie de l’énergie est autorisée.

Intitulé : Molima c. Hydro-Québec, . . . [more]

Posted in: Summaries Sunday

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 (December 14, 2019 − January 8, 2020 inclusive).

Appeals

Administrative Law/Citizenship: Standard of Review
Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 (37748)

Standard of Review Summary
1. Default: reasonableness [1] . . . [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: Friday Jobs Roundup

Imposing Fiduciary Duties and Jurisdictional Gaps in Collective Agreement

By Lewis Waring, Licensed Paralegal and Student-at-Law, Editor, First Reference Inc.

In Greig v Desjardins Financial Security Life Assurance Company, the Superior Court of British Columbia (SCBC) considered a defendant’s handling of a plaintiff’s claim for LTD benefits. SCBC held that the Defendant’s handling of the Plaintiff’s claim for long-term disability (LTD) benefits was bad enough to violate its fiduciary duty and awarded the Plaintiff $50,000 in aggravated damages and $200,000 in punitive damages, accordingly. . . . [more]

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

Denis v. Cote and the Myth of Onus in Journalist Shield Law

In Denis v. Cote, the Supreme Court considered Canada’s new journalist shield law, the Journalist Sources Protection Act (JSPA).[1] The JSPA, which amends both the Canada Evidence Act and the Criminal Code, altered the common law on protections afforded to the confidential sources and notes of journalists.[2]

The common law regime balances two competing public interests in deciding whether names or notes must be disclosed to police or civil plaintiffs. In the criminal context, there is the public interest in the detection and prosecution of crimes (law enforcement), to which journalist notes and sources are . . . [more]

Posted in: Justice Issues, Legal Ethics

Why Do I Prefer Reading Digital Books?

I find that I am out of step with my wife and most friends regarding the choice of format for reading a book. They prefer a print book either hard-cover or paperback. I prefer reading a book on my iPad or my iPhone.

Price. The price of a digital book can be a half to two-thirds of the price of a print book. Many digital books are free, especially those where the copyright has expired. Promotions can result in prices of $1 or $2 per digital book.

Highlighting. This can be done with the touch of a finger . . . [more]

Posted in: Legal Publishing

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. Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65

[1] This appeal and its companion cases (see Bell Canada v. Canada (Attorney General), 2019 SCC 66 (CanLII)), provide this Court with an opportunity to re-examine its approach to judicial review of administrative decisions.

[2] In these reasons, we will address two key aspects of the current administrative law . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Should Law Society Fees Be Progressive?

Recently lawyer Elsa Ascencio @elsaasce tweeted about the Law Society fee structure. In her initial tweet she pointed out that the fees prevent her from servicing her clients.

In response, many lawyers chimed in. Jessica Prince @jesshwprince tweeted that the barristers in England and Wales have a progressive fee structure based on last year’s earnings. Lawyer Rob Kittredge @RobKittredge pointed out that the annual fees in some American states range from around $100 to $535. “Illinios: $99. Minnesota: $114-$250. NY $60-$275. California: $535. Florida: $265. Colorado: $325.”

Elsa has started a petition to change the fee structure. To learn more: . . . [more]

Posted in: Practice of Law

How Not to Manage Projects: Mismanaging Project Essentials

Welcome to 2020. (No, I can’t believe it, either.)

Managing projects is hard, so I’m going to focus for the next series of articles on how to avoid screwing them up.

Like Michelangelo said about creating his masterpiece sculpture from a formless block of marble, “I just carve away everything that doesn’t look like David.”

So let’s open the decade by carving away a bunch of stuff that doesn’t look like good Legal Project Management.

There are five aspects you have to manage to move projects forward effectively:

  1. The project itself.
  2. Time.
  3. Money.
  4. The client.
  5. The team.

This month, . . . [more]

Posted in: Practice of Law

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This project has been made possible in part by the Government of Canada | Ce projet a été rendu possible en partie grâce au gouvernement du Canada