Running a business is tough, but it’s even tougher with competition. One of the worst kinds of competition can come from a former employee.

Some employers have tried to limit this risk through the use of what is called a non-competition clause, a provision in an employment agreement that bars a former employee from running a business in competition with their former employer.

The common law has generally disliked the use of non-competition clauses, and as far bas as 1894, the House of Lords stated in Nordenfelt v Maxim Nordenfelt Guns and Ammunition Co Ltd,

The public have an

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) : Estimant que les objectifs de dénonciation et de dissuasion doivent primer dans les circonstances du meurtre de la «fillette de Granby», le tribunal fixe à 13 ans le délai préalable à la libération conditionnelle de la belle-mère de l’enfant.

Intitulé : A c. R., 2021 QCCS 5540 . . . [more]

The specialized knowledge and training of lawyers is supposed to make them uniquely positioned to engage in the practice of law. But it also underlies a fundamental assumption about the workings of litigation — that lawyers work with and against other lawyers who are equally trained and well-matched. Such an assumption underscores the functioning of the adversarial system, the ethical duties of lawyers operating within it, and the legitimacy of the outcomes reached in the adversarial system.

However, the validity of this operative assumption may be undermined by certain practical realities — whether most lawyers in the adversarial system are . . . [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:

• Tax Lawyer – Canadian Sales Tax (Full-time) | Vancouver, BC
  (Thorsteinssons LLP)

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.

The Justice Crisis: The Cost and Value of Accessing Law. Edited by Trevor CW Farrow and Lesley A Jacobs. Vancouver: UBC Press, 2020. 345 p. Includes index. ISBN 9780774863575 (hardcover) $89.95. ISBN 9780774863582 (paperback) $39.95. ISBN 9780774863599 (PDF) $39.95. ISBN 9780774863605 (EPUB) $39.95.

Reviewed by Krisandra Ivings
Reference Librarian
Supreme Court . . . [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. Davies v. Cossnell, 2022 ONSC 654

[5] If the parties cannot come to an agreement dates or a timetable, then a conference may be necessary, but as stated in the CW Notice to the Profession for Long Motions, a party acting unreasonably should expect that costs may be awarded against that party at the conference if appropriate.

[6] A civil case conference . . . [more]

Very few lawyers in modern law firms devote much attention to whether their firm will still be around a generation from now. They’re far more focused on the next hour to be billed, the next call from the client, and the next round of draws and bonuses. They’re immersed in today, and as far as they’re concerned, tomorrow — and the law firm — can take care of itself.

But if you’re taking the time to read this column, then you’re different. You’re one of the few people giving serious thought to whether the firm will still be around in . . . [more]

There’s much to say about the so-called “truckers freedom convoy” camped in Ottawa since January 29th. Its namesakes have also spent time in other major cities in Canada (right now the serious problem is in Ottawa), as well as at the Coutts, Alberta border with the United States. Those involved in the convoy and their supporters call it a “protest or demonstration by patriotic Canadians” (or, indeed, their organizers have touted a “revolution” or extra-election removal of the current governmental system); those affected or otherwise concerned about it call it an “occupation, blockade or siege” or described it as “sedition”. . . . [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

Fonts: The Forensic and the Forward-Looking
Neil Guthrie

First, the forensic. In Re McGoey, 2019 ONSC 80, a bankrupt argued that two properties had been placed in trust for his children in 1995 and were not part of the assets available to his creditors in 2018. … . . . [more]

Last month, the Washington Post ran a story about the abrupt removal from a form sent “to thousands of judiciary staffers who work for federal judges” of a question regarding workplace misconduct. An official quoted in the story characterized the initial inclusion of the question as “an unfortunate administrative error.” Before the question was removed, however, “34 of about 40 employees — nearly everyone who responded — indicated that they had observed some form of inappropriate behavior.” While the small sample size, and reported concerns about the broad wording of the question, make it inappropriate to draw definitive conclusions from . . . [more]

The greatest strain on the justice system during the pandemic is arguably on housing claims, given the cascade effects that unemployment and financial instability has had on tenancies.

Without a constitutional basis for undue delays in this area like in criminal law, some of these matters have been languishing even longer than usual.

One of the long-standing debates in this area of law has been whether a property manager can act as an agent on behalf of a landlord. This has become particularly important in Ontario since 2008, when paralegals became regulated and licensed by the law society.

The Law . . . [more]

One Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all Appeals, Oral Judgments and Leaves to Appeal granted from January 1 to February 4, 2022 inclusive.

Oral Judgment

Criminal Law: Arrest; Strip Search
R. v. Ali, 2020 ABCA 344, 2022 SCC 1 (39590)

Moldaver J. (Brown, Rowe and Jamal JJ. concurring): “Mr. Ali appeals as of right to this Court. A majority of the . . . [more]