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

The Court of Appeal of Alberta’s decision in Calgary (City) v Canadian Union of Public Employees Local 37, 2019 ABCA 388 (CanLII) overturns a decision on judicial review that upheld an arbitrator’s decision to reinstate an employee who had been terminated from his employment for sexual harassment. The decision serves as a powerful reminder that sexual assault is inherently serious and, when coupled with a breakdown in trust arising from the perpetrator’s dishonesty, a termination will likely be the result. . . . [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. Association of Professional Engineers v. Rew, 2020 ONSC 2589 (CanLII)

[9] Third, Mr Schwisberg argued that the dynamics of a live hearing may be lost in a video conference. He cited an article published in 2007, co-authored by Professor Sossin (as he then was), and recounted an anecdote respecting appellate advocacy in which the late Justice Catzman of the Court of . . . [more]

Hosting a conference in a hotel, doing an escape room with your colleagues, inviting guest speakers to your class, joining a sports team, cooking dinner for friends, these are all great activities for building community. But how do we translate that to an online environment during a time of social distancing? What do we lose or gain?

As I write this in self-isolation, I’m reminded of the importance of community building. I’m inspired by how people are cheering outside their balconies at the same time every night in support of healthcare workers, putting drawings of rainbows on their windows for . . . [more]

There have been for years many outspoken proponents of using increased advanced technology in the legal system: use of technology by lawyers, remote court and tribunal hearings, increasing accessibility of information — substantive and navigational — for users of the legal system, and making decision-making systematic through algorithms. In certain respects, using technology has proceeded apace (providing online information, for example), but in others, it has been slow (for instance, court proceedings). Two of the major reasons for heralding increased use of technology are that it makes the legal system more efficient and that it responds to the needs of . . . [more]

The Canadian Association of Law Libraries is delighted to announce the shortlist for the 2020 Hugh Lawford Award for Excellence in Legal Publishing. I am sharing this message on behalf of award committee Chair and Past President of the Association, Ann Marie Melvie.

This award honours Hugh Lawford (1933-2009), Professor of Law at Queens’ University and founder of Quicklaw. It is awarded to a publisher (whether for-profit or not-for profit, corporate or non-corporate) that has demonstrated excellence by publishing a work, series, website, or electronic product that makes a significant contribution to legal research and scholarship.

After reviewing a number

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

‘When We Return to Normalcy’ — or Is That ‘Normality’?
Neil Guthrie

Properly, it’s normality. Just as formal leads to formality and final to finality. But one does also see normalcy, as in this recent New York Times piece. … . . . [more]

The Covid-crisis lays bare things that were always there but not that visible. Inequality. Vulnerability. The amount we travel. How marketized our societies have become. What it also shows is how the justice sector in most countries is caught up in itself. Four structural vulnerabilities are laid bare.

Firstly, the self-image. When the presidents or prime ministers of the world declared lockdowns – except for ‘essential services’ – courts generally closed. That conveyed a self-image of not being an essential service. Most citizens (and some judges) see that differently. If you are a doctor with a . . . [more]

On May 1, 2020, the Prime Minister of Canada announced that semi-automatic, assault-style weapons, would be banned,

These weapons were designed for one purpose and one purpose only: to kill the largest number of people in the shortest amount of time. There is no use and no place for such weapons in Canada.

Effective immediately, it is no longer permitted to buy, sell, transport, import or use military-grade assault weapons in this country.

The full list of the over 1,500 weapons was published in the Canada Gazette, as a regulation to the Criminal Code provisions regarding the terms “non . . . [more]

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 Ju stice and collects, analyzes, enriches, and disseminates legal information in Québec.

ACTION COLLECTIVE (RECOURS COLLECTIF) : Une action collective invoquant l’omission de fournir un service fiable et ponctuel sur les lignes de trains de banlieue de Deux-Montagnes et de Mascouche est autorisée contre le Réseau de transport métropolitain et l’Autorité régionale de transport métropolitain au nom des personnes ayant payé . . . [more]

Everyone is talking about the “new normal”: working from home; self-isolation and even quarantine; kids running around the house; dogs barking; cats acting as paper weights; spouses carving out their own work spaces and sharing space; unstable internet connections; and even cabin fever.

Just because we are working from home and can walk around in our jammies, t-shirts, track pants or even bathrobes (a’ la JJ) does not mean we should. Maintaining consistency and routine will help you through the pandemic and make you more efficient.

Even in the best of non-pandemic times, our clients are worried and scared. This . . . [more]