Canada’s online legal magazine.

Archive for February, 2022

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. Family LLB 2. PierreRoy & Associés 3. Crossroad Family Law Blog 4. Moly Law Blog 5. Eloise Gratton

Family LLB
Was Spouse’s $515K in Home Down Payments a Gift to the Other Spouse?

Did a man intend to give over a half-million dollars to his spouse, towards

. . . [more]
Posted in: Monday’s Mix

Public Interest in COVID-19 Discourse

Nothing has been more divisive or controversial in our lifetime than the COVID-19 pandemic, including the appropriate response, treatment, governmental measures, or what is in the public interest.

The discussions around these issues have been robust, and have occurred with family members, friends, and especially online. On some level, these discussions are healthy, and promote better decision-making in a democracy. But with all expression rights, there come limitations, including words that are defamatory.

These exchanges have perhaps been most pointed within the medical community, the body of professionals we have all turned to for expert insight to medical issues around . . . [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.

CONSTITUTIONNEL (DROIT) : La Loi concernant les enfants, les jeunes et les familles des Premières Nations, des Inuits et des Métis est constitutionnelle, à l’exception des articles 21 et 22 (3), qui ne le sont pas.

Intitulé : Renvoi à la Cour d’appel du Québec relatif à la Loi concernant . . . [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

The Court Goes Back to Basics on Workers Compensation

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

Worker’s compensation legislation has existed in Canada for more than 100 years and can be traced to the work of the Ontario lawyer, politician, and judge Sir William Meredith who, in 1913, tabled the Meredith Report that is seen as the harbinger of the system of worker’s compensation across the nation. One of the key foundational concepts is the principle of no-fault compensation, a historical compromise between workers and employers. According to this principle, there is no dispute about responsibility or liability for the accident, and injured workers receive benefits regardless . . . [more]

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

Thursday Thinkpiece: Legal Data and Information in Practice

Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Legal Data and Information in Practice: How Data and the Law Interact

Author: Sarah Sutherland
ISBN: 9780367649883
Publisher: Routledge
Page Count: 170
Publication Date: January 2022
Regular Price: $52 (softcover)

Excerpt: Chapter 6: Issues with using legal data, sections 6.1-6.7

6.1 Introduction

The increased use of data in the legal system has . . . [more]

Posted in: Thursday Thinkpiece

Words of Encouragement for These Complex and Confusing Times

We are living in a world of protests against COVID restrictions, “freedom convoys”, imminent war over Ukraine, and protests about many serious issues including climate change, social injustice, racism, residential schools…the list could go on an on. Humankind is facing complex challenges and our response is increasingly to divide into factions, engage in “othering” and escalate conflict. I often don’t want to listen to the news or open my news app for fear of hearing about yet another form of deep cultural and structural divide.

I’m a seeker of peace. As a staunch advocate of effective conflict management techniques and . . . [more]

Posted in: Dispute Resolution

Book Review: Statutory Interpretation: Pragmatics and Argumentation

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.

Statutory Interpretation: Pragmatics and Argumentation. By Douglas Walton, Fabrizio Macagno, and Giovanni Sartor. New York, NY: Cambridge University Press, 2021. 331p. Includes figures, tables, and bibliographic references. ISBN 978-1-108-42934-4 (hardcover) $126.95.

Reviewed by Emily Da Silva
Research Librarian (Education, Law, Management, and Social Sciences)
University of Ottawa
In CLLR 46:3

The . . . [more]

Posted in: Book Reviews

Should Law Firms Adopt a 4-Day Work Week?

With remote working becoming more popular, many companies are trying a 4-day work week. Even, some countries, such as Belgium and Iceland, are experimenting with a shortened workweek.

In the Forbes’ article, “Iceland Tried A Shortened Workweek And It Was An Overwhelming Success“, author Jack Kelly writes that between 2015 to 2019, Iceland conducted test cases of a 35-to-36-hour workweek. The study found that:

  • Productivity and service provision remained the same or improved across the majority of trial workplaces.
  • Worker well-being dramatically increased across a range of indicators, from perceived stress and burnout, to health and work-life balance.
. . . [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. Jordan2016 SCC 27 (CanLII), [2016] 1 SCR 631

[1] Timely justice is one of the hallmarks of a free and democratic society. In the criminal law context, it takes on special significance. Section 11(b) of the Canadian Charter of Rights and Freedoms attests to this, in that it guarantees the right of accused persons “to be . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Truth to Power

It was some years ago that I first came across the “House of Butter” blog, set up and run by Sean Hocking and forming part of Australia-based Sean has made many Slaw contributions, so the origins of and thinking behind House of Butter are recorded in several articles, particularly in the period 2010-2014. Prior to Practice Source, he had established and published the regular PDF alerting service, Law Librarians News.

Our first exchange may have been after I read a piece from him which, I thought at the time, may have been a little dismissive or disrespectful . . . [more]

Posted in: Legal Publishing

The Emergencies Act


When Prime Minister Pierre Elliott Trudeau invoked the War Measures Act in mid-October 1970 in response to a request by Quebec Premier Robert Bourassa, I was a grad student in Political Science at McMaster University. Justification was the “state of apprehended insurrection” existing in the province. Some of us posted a petition against its invocation in a hallway near our offices; someone tore it down, and we put it up again. We protested. In fact, protesting was illegal under the War Measures Act, but no one outside Quebec bothered about that. I remember telling people I knew that . . . [more]

Posted in: Justice Issues, Substantive Law: Legislation