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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

We continue to have an apostrophe problem
Neil Guthrie

Tweets, like text messages, are often composed on the fly (as we know from painful experience emanating from the country to the south). … . . . [more]

Posted in: Tips Tuesday

It’ll Take Time but It’s Happening

I have looked into the history of data-driven and evidence based working in the health sector because I am curious about what we can learn from that for the justice sector. I can’t claim to have researched it all, but a few things stand out thus far.

First and foremost: without the shift to data-driven and evidence based working the huge increase in good healthcare for everyone would not have happened. Secondly: it took time to get there. If we discount early experimentation by Hippocrates, it took around 150 years for the health sector to embrace this way of working. . . . [more]

Posted in: Justice Issues

Assessing the CJC’s Interpretation of Sections 54 and 55 of the Judges Act: The Patrick Smith Case

In its report of November 5, 2018, a review panel of the Canadian Judicial Council (CJC) found Justice Patrick Smith, a supernumerary judge of the Ontario Superior Court, had acted breached the Judges Act and the CJC’s Ethical Principles for Judges (these are currently under review) by taking a position that was susceptible to controversy, that of unpaid interim dean (academic) at the Boris Laskin Faculty of Law. The Review Panel concluded, however, that his conduct did not warrant removal from the bench. In November 2018, I posted a comment on my blog, Idlemusings, about “the Patrick Smith case”, . . . [more]

Posted in: Justice Issues, Substantive Law: Legislation

How to Publish With CanLII

In my last post, I discussed the benefits of publishing with CanLII. Today, I’d like to dive into some of the options on how you can get your work onto the largest legal information resource in Canada. 

Publish With Publishers Who Share Their Content on CanLII

CanLII’s commentary collection has prospered thanks to the incredible group of publishers, law firms, law centres, and other institutions that have partnered with us. A great way to share your work on CanLII is to publish with one these content providers. Check out this Twitter list or browse our commentary collection to learn . . . [more]

Posted in: Legal Information, Legal Information: Publishing

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. Avoid a Claim 2. Mack’s Criminal Law Blog 3. Meurrens on Immigration 4. IP Osgoode 5. Family LLB

Avoid a Claim
Ontario Small Claims Court limits increased to $35,000

On January 1, 2020, the claim limit for Smalls Claims Court increased from $25,000 to $35,000. The move

. . . [more]
Posted in: Monday’s Mix

Innovation and Labour Protections Square Off in Food Delivery

The appropriate balance between technology and innovation on one side and labour law and protections against exploitation on the other, are about to come under scrutiny once again.

In May 2019, the 550 couriers for the app-based food delivery company Foodora in Ontario launched a union drive. The workers make a base rate of $4.50 an order, with an additional $1 for each kilometer from the restaurant to the customer.

Whereas companies such as this have revitalized some struggling restaurants, who would be unable to otherwise deliver food and expand their customer base, and have provided some low-skill employment to . . . [more]

Posted in: Substantive Law: Judicial Decisions

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.

Level One Construction Ltd. v. Burnham, 2019 BCCA 407

AREAS OF LAW:  Defamation; Test for Defamatory Statements; Fair Comment; Justification.

~The correct test for determining whether an impugned statement is defamatory is to examine the statement from the perspective of a reasonable, right-thinking person. While the courts should not seize upon the least favourable interpretation, it is an error for a trial judge to feel bound to choose . . . [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

Current postings on Slaw Jobs (newest first):

. . . [more]
Posted in: Friday Jobs Roundup

CRTC Enforces CASL in Case of Malware Distribution

While there has been controversy about the enforcement of the electronic communication provisions of Canada’s Anti-Spam Law (CASL) due to the ambiguities of the complex scheme, there is widespread support for the anti-malware provisions. The Canadian Radio-television and Telecommunications Commission (CRTC) recently enforced those anti-malware provisions against .Mr. Revesz and Mr. Griebel, the partners of Orcus Technologies, pursuant to section 22 of CASL, for a total penalty of $115,000.

The defendants have 30 days to file representations with the CRTC or pay the penalty.

The CRTC alleges that Orcus Technologies developed, distributed, promoted, and sold a Remote Administration Tool called . . . [more]

Posted in: Intellectual Property

What Are the Key Attributes of an Innovative Law Firm and How Much Do They Really Matter?

Managing a law firm in this era of rapid change is a massive challenge. It’s hard to know the right thing to do. It feels like the ground is constantly shifting. Your firm’s lawyers are giving conflicting reports on the state of business while your clients keep demanding “more for less.” Many legal tech companies are stepping up to help with these challenges. Yet these companies often meet resistance from the very firms they are trying to help.

I’d like to introduce Sean Bernstein. Sean is a co-founder of MinuteBox, a next generation cloud-based minute book and corporate records . . . [more]

Posted in: Legal Technology, Practice of Law

Book Review: Prosecuting and Defending Offences Against Children–A Practitioner’s Handbook.

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.

Prosecuting and Defending Offences against Children: A Practitioner’s Handbook. By Lisa Joyal et al. Toronto: Emond, 2019. 573 p. ISBN 978-1-77255-263-8 (softcover) $129.00; ISBN 978-1-77255-264-5 (eBook) $115.00.

Reviewed by Jenny Thornhill, MSC, MLIS, MSL
Law Librarian
Law Society of Newfoundland & Labrador Law Library
In CLLR 44:3

Prosecuting and Defending Offences . . . [more]

Posted in: Book Reviews

Rear Window

The 1954 Hitchcock oeuvre, based on Cornell Woolrich’s 1942 short story, “It Had to Be Murder”, can be a marvellous mix of many metaphors and analogies. To some, its underlying theme is voyeurism, which may be the case at least in part, but the idea of the rear window view offers much more. It can apply to innumerable scenarios, including legal and professional publishing.

I have enjoyed and occasionally cited Peter Drucker’s notion of trying to predict the future being akin to driving down a country road at night with no lights, while looking out the rear window, . . . [more]

Posted in: Legal Publishing