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Archive for September, 2021

The Open Court Principle and Privacy: A New Frontier?

To make clear the necessity of privacy as a context for respect, love, friendship and trust is to bring out also why a threat to privacy seems to threaten our very integrity as persons. …

Charles Fried, “Privacy,” (1968) 77:3 Yale Law Journal 475–493

Article 1: Human dignity is inviolable. It must be respected and protected.

Charter of Fundamental Rights of the European Union

Whereas respect for the dignity of human beings, equality of women and men, and recognition of their rights and freedoms constitute the foundation of justice, liberty and peace;

4. Every person has a right to

. . . [more]
Posted in: Dispute Resolution

The Agricultural Employees Protection Act: How Much Protection?

In my last post, I considered the Ontario Agricultural, Food and Rural Affairs Appeal Tribunal’s (“AFRAAT) and Ontario Divisional Court’s rejection of the United Food and Commercial Workers International Union’s (“UFCW”) constitutional challenge to the Agricultural Employees Protection Act (“AEPA”). Here I argue that the AFRAAT and the Divisional Court have reinforced the distinctions between the AEPA and the Labour Relations Act, 1995 (“LRA”). In doing so, they refused the Supreme Court of Canada’s invitation in Fraser to be flexible in their interpretation of the AEPA. . . . [more]

Posted in: Case Comment, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Supreme Court Rules on Copyright in the University

On July 30th, the Supreme Court of Canada issued a decision in York University v. Canadian Copyright Licensing Agency (Access Copyright) that the university and its students were not required to pay the Access Copyright tariff intended to cover royalty payments associated with the distribution of the “readings” assigned in students’ courses at the university. While I have commented on the case more than once since it originated with Access Copyright’s 2013 suit against York, after the university stopped paying such tariffs, the Supreme Court ruling ended up hinging on an important distinction in the Copyright Act’s handling of collective . . . [more]

Posted in: Intellectual Property, Legal 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. Crossroad Family Law Blog 2. Indigenous Law Centre CaseWatch Blog 3. Darin Thompson’s CPD podcast 4. Canadian Combat Sports Law Blog 5. Ontario Condo Law Blog

Crossroad Family Law Blog
Does my spouse have a right to my pension?

Across provinces, Canadian family law legislation interprets “property”

. . . [more]
Posted in: Monday’s Mix

Text Messages Can Be Valid Signatures in Business Disputes

The bulk of civil litigation in business law is not conducted by what are referred to as “sophisticated parties,” described by the Court as being aware of the risks of foreign legal systems, understanding the meaning of legal terms, familiar with negotiations, able to draft clear exclusion and limitation clauses, and well-advised by counsel.

Instead, many of these disputes are far more informal in nature, and often for smaller amounts that properly put these disputes within the monetary jurisdiction of the small claims court.

The nature of the communication in this contexts reflects this informality, and there is no shortage . . . [more]

Posted in: Substantive Law: Judicial Decisions

Summaries Sunday: SOQUIJ

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) : L’ancien psychoéducateur ayant été déclaré coupable de traite de personnes mineures et de distribution de matériel de pornographie juvénile après avoir «acheté» une enfant de 8 ans en Afrique est condamné à 18 ans de pénitencier.

Intitulé : R. c. S.V., 2021 QCCQ 7297
Juridiction : Cour . . . [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:

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

How Toxic Is Too Toxic?

I wish some law firms could come with a warning label; associate beware.

John worked at a firm with two partners who controlled every moment of his day. A six day in the office work week was enforced. On a daily basis he had to listen to demeaning comments made about his performance heard through the paper-thin office walls. On the outside the partners were respected, acknowledged as exemplary mentors, and admired. Inside the firm they were cruel, demanding, and controlling.

This is not an isolated incident. The worst offenders often take great pains to manage their professional reputations. They . . . [more]

Posted in: Practice of Law

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. R. v. Frampton, 2021 ONSC 5733

[14] Finally, I am aware that in many contexts, accommodations are made for unvaccinated persons. For instance, a student may nonetheless attend school even though they are unvaccinated as a result of medical or conscience-based reasons. This approach is the result of a cost-benefit analysis. It is thought that keeping every kid in school, even with . . . [more]

Posted in: Wednesday: What's Hot on CanLII

My Last Virtual Conference?

From Friday July 17 through Friday July 23 I participated in the second virtual American Association of Law Libraries annual conference. I watched a number of excellent programs on a variety of subjects. What was missing however were the chances to catch up with friends and colleagues in the exhibit halls, the corridors, and the meeting rooms. Also missing were the receptions and happy hours and the chance to see a slice of the convention city. Last year we missed meeting in New Orleans and this year in Cleveland. Right now the plan is to meet in person in Denver . . . [more]

Posted in: Legal Information