Canada’s online legal magazine.

Archive for June, 2021

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. Lu v Shen, 2020 BCSC 490 (CanLII)

[42] It is the role of pleadings to serve as the frame for an action. Properly drawn, they precisely define the issues the court will be asked to decide, they advise the other party of the case to be met, they determine the extent of pre-trial procedures, and they guide the trial process. The . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Measuring Progress on Access to Justice Within Sustainable Development Goal SDG 16.3

In 2015 world leaders, acting through the United Nations, agreed to adopt 17 global objectives known as the Sustainable Development Goals (SDGs). The overarching objective was, and remains, to make measurable progress toward creating a better world by the year 2030 by reducing poverty, fighting inequality and by addressing the emergency of climate change. Among the Sustainable Development Goals is SDG 16, focusing on peace, justice and strong institutions. SDG 16 seeks to promote “a peaceful and inclusive society for sustainable development, provide access to justice for all and to build effective, accountable and inclusive institutions at all levels.” . . . [more]

Posted in: Justice Issues

CanLII Wins the 2021 Hugh Lawford Award for Excellence in Legal Publishing

The Canadian Association of Law Libraries / Association canadienne des bibliotheques de droit (CALL/ACBD) is pleased to announce thatThe CanLII Manual to British Columbia Civil Litigation, by Brent Anderson et al, John Fiddick and Cameron Wardell (eds.) is the winner of the 2021 Hugh Lawford Award for Excellence in Legal Publishing!

This resource is a volunteer-written, open access publication that supports legal professionals and self-represented litigants with their civil justice research. It consists of nine “pathfinders” dealing with specific areas of the law, a guide to civil procedure at the BC Supreme Court, and annotated rules of court . . . [more]

Posted in: Legal Information: Publishing

How Far Can We Go Before the Constitutional Bargain Is Undermined?

The Quebec Government’s An Act respecting French, the official and common language of Québec (Bill 96), has generated considerable controversy over whether a province is able to make significant constitutional changes to its status and the use of the French and English languages unilaterally. It also raises the question of whether, if enacted and the constitution is amended, it will undermine the very architecture of the 1867 constitutional “deal” that united the original four members of confederation and subsequently the rest of the provinces. The answers to these two interrelated questions could have momentous ramifications for Canada. . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

The Cure for Access to Justice Is a Just Society

Tuning in to a discussion about access to justice, we might think, mistakenly, that the big problem is how much the legal system costs. The cost of litigating a dispute is too high, it goes, and so lawyers should flatten fees, cap fees, and unbundle fees, fleeing fees like so many fleas. Only the richest (they have the money) and the poorest (they have so little they qualify for aid) can litigate, so to achieve justice for the masses we should turn to alternative dispute models like mediation and online dispute resolution. The justice system is too complicated and too . . . [more]

Posted in: Practice of Law

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

Finding Canadian Court Records and Docket Information
Susannah Tredwell

The availability of Canadian court information varies greatly from province to province, as do the ways in which researchers can access it. … . . . [more]

Posted in: Tips Tuesday