One of the objections we often hear to Mediation-Arbitration (Med-Arb) is that it is “neither fish nor fowl”. It is not an effective form of mediation because the mediator is constrained by their dual role. The impartiality of the arbitrator is somehow compromised by also acting as mediator.

I think this is a misunderstanding of what med-arb is all about. It’s not just a hybrid mash-up of two forms of dispute resolution. It’s a unique form of its own, with its own benefits and challenges. And it can take many different forms, to suit many different kinds of disputes.

My . . . [more]

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.

Bankruptcy Law Picture Book: A Brief Intro to the Law of Bankruptcy, in Pictures. By Wela Quan. Toronto: Irwin Law, 2019. 178 p. Includes illustrations. ISBN 978-1-55221-519-7 (softcover) $30.00; ISBN 978-1-55221-520-3 (eBook) $30.00.

Reviewed by Krisandra Ivings
Reference Librarian
Supreme Court of Canada
In CLLR 45:4

Wela Quan’s Bankruptcy Law Picture . . . [more]

The British Columbia Provincial Court is implementing a new regime for resolving family law disputes beginning this week. The new regime involves making dispute resolution the first step in the court process. The BC court announcement states that: “The early resolution model includes new, simpler forms and procedural changes that help set a collaborative tone. For example, instead of making their first appearance in a busy, adversarial courtroom, people attend a family management conference with a judge as the first step in court proceedings”. This new model is being implemented first in the regions of Surrey and Victoria, BC.

I . . . [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. Little Sisters Book and Art Emporium v. Canada (Minister of Justice), 2000 SCC 69 (CanLII), [2000] 2 SCR 1120

71 The appellants say a regulatory structure that is open to the level of maladministration described in the trial judgment is unconstitutionally underprotective of their constitutional rights and should be struck down in its entirety. In effect they argue that Parliament was . . . [more]

The Canadian Association of Law Libraries has long had an annual award for excellent legal publishing. Some years ago, we renamed the award we present after Queens University Professor Hugh Lawford (1933-2009) to recognize his contributions to legal publishing in Canada. As a group of legal information specialists, our work depends on being able to access and share high-quality legal knowledge. We value innovation and the award is open to all information formats. Slaw.ca was recognized with this award in 2009.

The CALL/ACBD is accepting nominations for the 2021 Hugh Lawford Award for Excellence in Legal Publishing.

This award . . . [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.

Practice

Stay Connected, Remotely
Sandra Bekhor

Lawyers are becoming pretty practiced at working remotely. But just because meetings, emails and deadlines are all on track, doesn’t necessarily mean that everything is under control. Despite everyone’s best efforts to normalize life with video conferencing and other remote management tools, there may still be some looming issues. …

Research & Writing

The Importance of Profreading
Neil Guthrie

The error in the . . . [more]

Are people coming to court without counsel “self-represented litigants,” or are they “unrepresented litigants”? I shall reveal all below, but frankly, I feel the tendency of the Canadian Bench and Bar to get caught up in assigning separate distinctions to these terms distracts from the important work of understanding the lived realities of these litigants, and working with them to find solutions to our shared and indisputable Access to Justice problem.

All the same, the reason it IS important to address this issue once again is because the language describing those who are in court without a lawyer has been . . . [more]

Apportionment of Fault In Tort (1981) – David Cheifetz

An unrestricted PDF of Cheifetz, Apportionment of Fault in Tort is now available. The text has been out of print for about 2 decades.

The “price”, for Canadian purchasers, will be a donation of CDN $20 to either the Toronto Hospital for Sick Children or the Vancouver Children’s Hospital. Purchasers from other countries should chose a suitable children’s hospital or equivalent in their jurisdictions.

If you want the PDF: Send a request to me at dcheifetz21@gmail.com with a copy of the donation confirmation and the email address to which you want . . . [more]

Your time has come, Dear Fax Machine, Though your reign lasted long. We were first introduced, In That Me Decade, Singing your shrilling song. It took a plague, For learned counsel, To break their solemn vow. No longer can we wait, To gain word from work, We need it, here and now. Though you believe your brother, To be the cause, Of your final demise. Reality is that technology, Has found better ways, Much to all our surprise. Thy Impaired kin, May seem to be, A poor heir to your legacy, A band that is broad . . . [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 Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

PÉNAL (DROIT) : Le ministère public échoue dans son appel du jugement de la Cour du Québec ayant acquitté une gardienne en milieu familial sous une accusation d’homicide involontaire coupable après qu’un jeune enfant de près de 11 mois placé sous sa garde eut été secoué. Intitulé : R. c. . . . [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:

• Research Resources and Inclusivity Initiatives Librarian (Full-time) | Ithaca, New York (Cornell University Law Library)
• Legal Content Developer (Full-time) | Toronto, ON (CLEO – Community Legal Education Ontario)
• Indigenous Law and Indigenous Outreach Librarian (Full-time) | Victoria, BC (University of