In the article, “Trial by Internet: A Randomized Field Experiment on Wikipedia’s Influence on Judges’ Legal Reasoning”, the authors Neil Thompson et al conducted a study to see if Wikipedia plays a part in judgment writing. The authors found that “the information and legal analysis offered on Wikipedia led judges to cite the relevant legal cases more often and to talk about them in ways comparable to how the Wikipedia authors had framed them”.

The study was conducted by creating 154 Wikipedia articles on Irish Supreme Court cases. “The process of creation was done in three waves. After . . . [more]

Each Wednesday we tell you which three English-language cases and French-language cases have been the most viewed* on CanLII and we give you a small sense of what the cases are about. La version française suit.

For this last week, the three most-consulted English-language decisions were:

1. AlumaSafway Inc. v Certain Employees of AlumaSafway and United Brotherhood of Carpenters and Joiners of America, Local Union No. 1325, 2022 CanLII 76637 (AB LRB)

4. The Board finds the anonymous letter, and the Employees’ concerted refusal to accept overtime shifts for the purpose of compelling the Employer to agree to terms . . . [more]

INTRODUCTION

At the outset of the Covid-19 pandemic, elders living in long-term care homes suffered a major burden. They experienced a disproportionately high number of deaths from the virus. This was not only because they were older, but also because of the conditions existing in the homes, some of which preceded the pandemic, but others of which reflected inadequate pandemic practice. Once again, through Bill 7, More Beds, Better Care Act, 2022, elders are potentially sacrificed in efforts to rescue the Ontario healthcare system. . . . [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

Confusing Pairs, Two With a French Twist
Neil Guthrie

We have borrowed a lot from French and also given a lot to it. Sometimes, however, we each get things a bit wrong (see Guthrie’s Guide for more on this). By way of further example: moral/morale and rational/rationale. … . . . [more]

Cause you’re working/Building a mystery/Holding on/And holding it in/Yeah you’re working/Building a mystery/And choosing so carefully

Sarah McLachlin, “Building a Mystery”

Even lawyers will quickly flip (or scroll) to the end of a court or tribunal decision to see how the case turned out. Patient readers of mystery novels never read the last chapter first because much of the pleasure in reading is in the suspense of not knowing the outcome. However, decisions are not mystery novels and there is no purpose in making them suspenseful.

In recent years courts and tribunals have slightly improved their approach, often by putting . . . [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 juge de première instance n’a commis aucune erreur en omettant d’ordonner la préparation d’un rapport de type Gladue avant d’imposer une peine à l’appelant; dans les circonstances, le rapport n’était pas essentiel puisque le juge, qui siège régulièrement à la cour itinérante qui couvre le Nord-du-Québec, . . . [more]

It has struck me more than once – a shock, I admit, to my naivete – to find in a looming figure in our profession – a lawyer whose fame, power, and wealth I would never approach – an Achilles heel, a human folly, a single blow so powerful to the pedestal offering no return, as to bring me to my senses, a la Nietzsche in Ecce Homo: I would rather be a satyr than a saint! What was this discovery? A moral judgment of an inferred vulnerable trait: to step into the office elevator doors on a Monday morning . . . [more]

In a recent Alberta wrongful dismissal case, the court, using the oppression remedy analysis, ruled that the original and successor corporations and the directors and shareholders were liable to pay the full judgment. . . . [more]

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.

No Legal Way Out: R v Ryan, Domestic Abuse, and the Defence of Duress. By Nadia Verrelli & Lori Chambers. Vancouver: UBC Press, 2021. vii, 199 p. Includes bibliographic references, table of cases, and index. ISBN 9780774838085 (hardcover) $75.00; ISBN 9780774838092 (softcover) $27.95; ISBN 9780774838115 (ePUB) $27.95; ISBN 9780774838108 (PDF) . . . [more]

Getting a motion date can be a herculean effort in Ontario. Currently the Ontario Superior Court of Justice has a patchwork of processes for scheduling. Different courthouses have different ways of scheduling court dates. Even finding out which dates are available can be frustrating.

It is problematic and an access to justice issue. Getting a date for a motion should be easy. Knowing how to obtain a date should be even easier. There is some guidance online, for example:

• Toronto’s process – https://www.ontariocourts.ca/scj/practice/practice-directions/toronto/civil-t/
• Central East process – https://www.ontariocourts.ca/scj/practice/practice-directions/central-east/civil-ce/ / https://www.ontariocourts.ca/scj/notices-and-orders-covid-19/ce-civil-proceedings/

The Central East Region has a Calendly process: https://calendly.com/ce-civil. This . . . [more]