As the legal system clumsily attempts to proceed along remotely during a pandemic, parties have tried their best to continue to move things along.

This approach was never entirely without risk, and a new decision by the Ontario Superior Court of Justice in Kaushal v. Vasudeva et al. highlights some of these risks. The motion was to strike out evidence based on misconduct and abuse of process during a remote cross-examination.

The cross-examination of the affidavit occurred via Zoom, with an interpreter present in the same room. There was also a court reporter present virtually.

Although the examining counsel inquired . . . [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.

TRAVAIL : À partir du moment où une question est visée par la Loi sur les accidents du travail et les maladies professionnelles, qu’il s’agisse d’indemnisation, de réadaptation ou de retour au travail, elle échappe à tous égards aux tribunaux de droit commun; ceux-ci ne peuvent être saisis de . . . [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:

• Director, People and Culture (Full-time) | Remote/Vancouver, BC
  (Ecojustice)
• Legislative Affairs Specialist (Full-time) | Remote/within commuting distance to Victoria, BC
  (Ecojustice)

Three regulators^[1] issued a joint warning letter to numerous mobile app developers late in November 26, 2020 cautioning the companies to comply with various compliance obligations under Canada’s Anti-Spam Law (CASL), the federal privacy law, the Personal Information Protection and Electronic Documents Act (PIPEDA), and the Completion Act.

The co-operative effort was part of a CASL compliance awareness-raising campaign and the warning letters were directed at businesses involved in making apps available to Canadian consumers. The letter is available online^[2] and reminds the businesses that they have obligations under the CASL-related provisions under CASL, PIPEDA, and the . . . [more]

The Statement of Principles guiding the Canadian Bar Association’s COVID-19 task force puts the focus on innovation, effectiveness, efficiency and sustainability as the justice systems and legal profession move from prioritizing safety at the height of a pandemic to institutionalizing change.

One word at the heart of it all is triage.

Innovation is needed to establish the kind of triage necessary to make the justice systems effective and efficient. If it’s done properly, it will also be sustainable well into the future, in bad times and good.

In a hospital emergency room triage means to sort by priority – urgent . . . [more]

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

In Nowicki v Labourer’s International Union of North America (LIUNA) Local 1059 (“Nowicki”), the Human Rights Tribunal of Ontario found that an employer’s offer of retirement, although it was an explicit attempt to remove an employee from her office, was not discriminatory under the Human Rights Code (“Code“) because it was not based upon her age or a disability. This finding was significant because the employee did in fact have a history of suffering from a disability, namely, depression. Also, the finding in Nowicki is significant because her age, being in . . . [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.

Intimate Lies and the Law. By Jill Elaine Hasday. New York, NY: Oxford University Press, 2019. 294 p. Includes endnotes and index. ISBN 978-0-19-090594-1 (hardcover) $34.95.

Reviewed by Lori O’Connor, LLB, MLIS
Public Prosecutions
Melfort, Saskatchewan
In CLLR 45:4

Intimate Lies and the Law is an in-depth review of deceptions . . . [more]

It’s been a year of discovery for many of us. Some introspection is called for, so here goes.

1. Silence is best enjoyed in the midst of noise

For years, I have identified myself as an introvert, insofar as personalities can be classified, anyway. I dreamed of owning a cabin in the country, sitting quietly in front of a fireplace, reading a book or surfing the interwebs, looking out into a pristine lake, nothing but nature and me. I gave hundreds of talks to crowds, sure, but returned home exhausted. I hobnobbed, sure, but enjoyed more the company of one . . . [more]

Since the onset of COVID-19 and the requirements for physical distancing, the Canadian court system has been criticized for being archaic, outdated, out of touch with the modern era and too deeply traditional. Most commentators have vigorously pushed for our criminal courts to utilize videoconferencing technologies to deliver justice – arguing that using videoconferencing technology platforms to conduct court business will be more beneficial to Canadians, ease the growing backlog of cases, reduce cost and improve access to justice.

As a result, courts across Canada have increasingly accepted videoconferencing technology as a fair and efficient way to move judicial proceedings . . . [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. Armstrong v. Royal Victoria Hospital, 2019 ONCA 963 (CanLII)

[87] In any case where standard of care is at issue, the court must determine what is reasonably required to be done (or avoided) by the defendant in order to meet the standard of care: Berger v. Willowdale A.M.C. (1983), 1983 CanLII 1820 (ON CA), 41 O.R. (2d) 89 (C.A.), at p. . . . [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

Miscellaneous Jargon
Neil Guthrie

We’ve had lots on bad business jargon in this space, but other fields of endeavour have also been polluting the language. Surface: This is from the world of technology, a jargon-generator if ever there was one. … . . . [more]

Project managers have the responsibility of organizing and directing the completion of projects. In normal times, this might mean making sure the project stays within scope, doesn’t go over budget, and is completed on time. However, this year brought about a change none of us expected, adding an extra layer of challenge and forcing project managers into unchartered territory.

Over the past year, CanLII worked with over 30 volunteers to compile an open BC litigation practice manual. Looking back on this experience, there are a few things I’ve learned about managing a project during a pandemic that I’d like to . . . [more]