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.

ACTION COLLECTIVE (RECOURS COLLECTIF): Le tribunal refuse d’approuver une entente de 28 millions de dollars visant le règlement d’une action collective entreprise au nom de victimes d’agressions sexuelles, et ce, en raison du caractère excessif des honoraires professionnels réclamés par les avocats des membres du groupe.

Intitulé : A.B. c. . . . [more]

Access to justice and research innovation were important topics at the recent World Justice Forum 2022 and the Annual Summit of Canada’s Action Committee on Access to Justice in Civil and Family Matters. In this article, as part of a growing body of access to justice opportunities and initiatives, we discuss some exciting new developments in community-based justice research.

Global Access to Justice Crisis

The global lack of access to justice has reached a critical point. Even before the COVID-19 pandemic exacerbated legal service barriers and contributed to an increase in most types of justice problems, legal research and . . . [more]

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

This article will consider the Court of Appeal for Ontario’s recent decision (2022 ONCA 454) calling for a flexible approach to calculating reasonable notice when an employee is dismissed by a successor employer. For employers, this approach might spell a somewhat longer notice period than they would have otherwise anticipated.

Background

The employee worked for the company from 2011 until 2019, when her employment was terminated without cause. The only event of note during this period happened in 2016 when, as part of the fallout from creditor protection proceedings, . . . [more]

Unstructured Data – A Problem That’s Been Around for a Long Time

Recently, authors Simek and Nelson had the opportunity to talk to guest Peter Baumann on their Legal Talk Network Digital Detectives podcast. Baumann is the CEO and founder of ActiveNav, a leading data privacy and governance software provider.

As far back as 2008, Baumann was observing the exponential growth of data and specifically unstructured data, the data that sits outside of databases. He noted that today, “the best technology, the best doors and locks and alarm systems won’t stop the bad actors getting into your network. I think . . . [more]

Negotiation is the most common form of dispute resolution.

I recently heard that about 50,000 actions are started in the Ontario Superior Court of Justice each year. About 2,000 cases go to trial. The rest are resolved some other way – mainly negotiated settlements.

I don’t know how accurate those numbers are, but that’s an awful lot of negotiation.

The difficulty, in many cases, is that parties (and counsel) don’t really understand what they’re negotiating about. It’s not the merits of the dispute. It’s not even the dollars claimed on each side.

It’s the difference in value between a deal . . . [more]

This March, we reviewed the ruling in the Canada United States Mexico Agreement (CUSMA) challenge of Canada’s Dairy Tariff Rate Quotas (TRQs)[1]. The Panel found that Canada’s practice of reserving 85-100% of dairy TRQs for processors violated Article 3.A.2.11(b) of CUSMA. Citing the principle of “judicial economy,”[2] the panel members left it for the two sides to work out a solution without applying the strict guidelines the United States was seeking.

At the time, we queried whether the combination of the lack of a strict roadmap and strong domestic pressures in both countries would lead to further . . . [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

Confusion
Neil Guthrie

Oh, words. So useful, but so easily confused. Back story/background. Recently overheard in the hallway: That’s the back story to the file. Well, not quite. A back story is the fabricated biography that a spy is given as a cover, especially for the purposes of a future interrogation by someone hostile. … . . . [more]

Caitlin Cunningham is a JD candidate at the University of British Columbia Peter A. Allard School of Law and served as a student assistant to Assistant Professors Marcus Moore and Samuel Beswick for the Canadian Law of Obligations conference 2022.

On June 23 and 24, 2022, the Peter A. Allard School of Law hosted the third Canadian Law of Obligations (CLO) conference, held on the grounds of UBC’s Green College. The theme of the conference was The Power and Limits of Private Law. This edition of the conference honoured the accomplishments and career of Dr. Lionel Smith, the Sir . . . [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 June 16 – July 13, 2022 inclusive.

Appeals

Administrative Law: Delay; Standard of Review
Law Society of Saskatchewan v. Abrametz, 2020 SKCA 81; 2022 SCC 29 (39340)

Jordan does not apply to administrative proceedings; it deals with the right to be tried within a reasonable . . . [more]

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): Le tribunal accorde une absolution conditionnelle à l’accusé, un ingénieur âgé de 30 ans qui a reconnu s’être livré à une agression sexuelle ainsi qu’à du voyeurisme; il a notamment tenu compte de l’absence d’antécédents judiciaires de l’accusé en matière de violence, de son jeune âge lors de . . . [more]