Canada’s online legal magazine.

Archive for April, 2022

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 Slaw.ca.

Current postings on Slaw Jobs:

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

Two-Part Kickoff for Family Status Discrimination

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

There has been significant debate in courtrooms and arbitration hearings over the years about the threshold point at which a complainant establishes a prima facie case of discrimination by an employer on the ground of family status. In British Columbia, the law stood to be clarified after that province’s Human Rights Tribunal got it wrong concerning two spouses who worked at a mine and sought scheduling accommodations. The Supreme Court of British Columbia’s decision in Gibraltar Mines Ltd. v Harvey, 2022 BCSC 385 is sure to be cited or read . . . [more]

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

Justice in Tribunals: At the Government’s Whim

Suppose that “JM” is a Canadian person, who believes that their legal rights have been infringed. The problem might have arisen at work, at home, with a corporation, or with some part of the government. JM has tried to resolve the matter privately with the other side, but got nowhere. Next, JM did some online research and perhaps spoke to a lawyer. It turns out there is a public body that’s supposed to make decisions, and uphold rights, in disputes like JM’s.

JM brings their dispute to that body. JM wants to be heard, by someone who is competent and . . . [more]

Posted in: Legal Ethics

Helpful Tips for Preparing Motions in the Court

Motions are a common in civil litigation. Despite this, it is still easy to make mistakes. Below are some helpful tips to consider when bringing a motion:

  • Before bringing the motion consider whether it is really worth it to bring the motion (consider the upside and downside, e.g. costs to the client, court time, looking unreasonable). See if the issue can be resolved by telephone or a case conference.
  • Narrow down the issues for the motion. Be focused. If you can consent on some parts in advance with opposing counsel, then do it.
  • Be clear on the relief that you
. . . [more]
Posted in: Practice of Law

Visualizing the Landscape of Canadian Law School Journals

In my role at the Sir James Dunn Law Library, I help facilitate both the creation and dissemination of scholarly knowledge through law journals. As a result, I have developed many questions and curiosities surrounding scholarly publishing practices. While the larger ones require empirical research, a handful seemed easy to answer based on readily available data. Using the information available on the websites of each peer-reviewed law journal affiliated with and published by a Canadian law school, I answered the following questions:

  1. How many peer-reviewed law journals are affiliated with Canadian law schools and published in-house?*
  2. How many of these
. . . [more]
Posted in: Legal Information

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. Spirito v. Spirito, 2022 ONSC 1839

[19] The leading case with respect to varying spousal support is L.M.P. v. L.S., [2011] 3. S.C.R. 775. The Supreme Court of Canada sets out the two-step process. First, the threshold in s. 17(4.1) of the Divorce Act regarding the change of circumstance must be met. The change must be a “material one, meaning a . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Research Before You Leap

Knowing as much as you can about a client, prospect or industry is fundamental to being successful, yet many lawyers jump at an opportunity before understanding what that opportunity truly is. By putting time into research, the insights gained often reveal keys to a successful strategy.

As marketers, we often speak with lawyers who feel there is a new target client or market that is ripe for business development. Their feelings may be based on a hunch, what other firms may be doing, or information that has been shared with them. They want to jump right in, speak to people . . . [more]

Posted in: Legal Marketing

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

Agreeance: Is That a Thing?
Neil Guthrie

I was on a call recently, and someone said ‘OK, now that we’re all in agreeance, …’ That made me wonder about the word, which I’ve seen and heard occasionally. … . . . [more]

Posted in: Tips Tuesday

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. First Reference 2. Le Blogue du CRL 3. RT Blog 4. Legal Feeds 5. Intrepid Podcast

First Reference
Not everything is bad faith

In the world of employment, Wallace v. United Grain Growers Ltd. established a duty on the part of employers to act in good faith

. . . [more]
Posted in: Monday’s Mix

Judicially Reconciling Settler Colonial Occupation

On April 1, 2022, Pope Francis apologized to residential school survivors, after a week of private meetings with delegations from Indigenous people in Canada,

I also feel shame… sorrow and shame for the role that a number of Catholics, particularly those with educational responsibilities, have had in all these things that wounded you, and the abuses you suffered and the lack of respect shown for your identity, your culture and even your spiritual values.

For the deplorable conduct of these members of the Catholic Church, I ask for God’s forgiveness and I want to say to you with all my

. . . [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) : Compte tenu de l’absence d’éléments permettant d’inférer que le témoin avait quelque intérêt que ce soit à incriminer l’appelant et du fait que son témoignage n’était pas vital pour l’accusation, le juge de première instance n’a commis aucune erreur en refusant de faire une mise en garde . . . [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 Slaw.ca.

Current postings on Slaw Jobs:

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