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Archive for September, 2022

A Personal Reflection on National Truth and Reconciliation Day

I feel honoured to have had the chance to participate in commemorative events today at Parliament Hill and Lebreton Flats and to have shared that moment with family. I am grateful to the Algonquin Anishinaabe Nation for their warm welcome on to their traditional, unceded territory. If you were not able to watch the events, please do via APTN National News.

While there are many moments from today’s solemn events that will stay with me; I was particularly struck watching a fifty-meter-long banner stroll past me adorned with forty-one hundred plus names of little ones who never made it home. . . . [more]

Posted in: Justice Issues

Dealing With Law Firm Bullies

This post is for law firm leaders as well as for senior managers. My last submission to SLAW focussed on ensuring you don’t alienate your law firm with your decision process. This one focusses on another barrier to firm success: bullies.

Cutting my teeth as a law firm marketer, I was very aware of law firm bullies. Managers (like a Marketing Manager or Director but really, anyone in a senior but non-lawyer position in a law firm) have lots of responsibility and there are high-expectations for our ability to get things done. But we have very little power. This makes . . . [more]

Posted in: Practice of Law

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

Employer Vicariously Liable for Employees’ Dangerous Data Breach

In a recent British Columbia class action ruling, the Insurance Corporation of British Columbia (employer) was found vicariously liable for the actions of an employee who fraudulently accessed personal information maintained by ICBC. ICBC was ordered to pay damages to the members of a class action as a result of the privacy breach. . . . [more]

Posted in: Case Comment, Substantive Law: Judicial Decisions

Fall 2022 Legal Information Update From Washington, DC

I have spent the last five months moving out of Washington DC and back to Milwaukee WI. That’s where I met Simon Fodden many years ago. We later reconnected when he asked me to start blogging for SLAW. These transition moving months have been very chaotic both personally and nationally. The trauma of viewing the insurrection on January 6th continues to linger. Watching the subsequent hearings of the United States Select Committee on the January 6th Attack on the US Capitol has been riveting and eye opening. The videos are available on the Committee’s website. More hearings should . . . [more]

Posted in: Legal Information

The Queen Is Dead but Her Courts Live On

While searching for cases in Saskatchewan, I came across this CanLII entry:

Duzan v. Glaxosmithkline, Inc., 2009 SKQB 230

Court of King’s Bench for Saskatchewan — Saskatchewan

2009-06-16 | 3 pages | cited by 4 documents

designated — defence — expires without it being delivered — application — time

There are others; I don’t know how many.

In 2009, the court was the Court of Queen’s Bench, and its name was not retroactively changed on Her Majesty’s death; the effect of her death is prospective only.

I have no idea what CanLII did to cause this change to be . . . [more]

Posted in: Legal Information: Publishing, Substantive Law

Thoughts on the New Lexis+ Brief Analysis Tool: For Law Students and Novice Researchers

New academic year; new legal research tools. Something new always comes out right as another cohort of students is gearing up to begin their law degree. And, as with many new product launches these days, “artificial intelligence” is often a prominently displayed term with accompanying materials. As legal publishers continue to launch AI-driven research tools in Canada, what do students and other novice researchers need to know to be prepared for their first forays into legal research?

Lexis recently launched the latest version of their legal research platform, Lexis+ Canada, for Canadian law schools. It features significant updates that employ . . . [more]

Posted in: Legal Information

Adaptive Technologies for the Visually Impaired in the Law Library

This submission is part of a column swap with the American Association of Law Libraries (AALL) bimonthly member magazine, AALL Spectrum. Published six times a year, AALL Spectrum is designed to further professional development and education within the legal information industry. Slaw and the AALL Spectrum board have agreed to hand-select several columns each year as part of this exchange. 

When I was first asked to write an article on technology for the visually impaired and its role in legal research, I confess that a small part of me flinched inside. I wondered what I could say that would . . . [more]

Posted in: Legal Information

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

Confusing Pairs
Neil Guthrie

We haven’t done these for a while, so here goes. Classic/classical: Over time, these have been used interchangeably to some extent, but they are now best kept separate – and more or less as follows. … . . . [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. Michael Geist 2. Library Boy 3. Family Health Law Blog 4. Crossroad Family Law Blog 5. The Lean Law Firm 

Michael Geist
Why the Online News Act is a Bad Solution to a Real Problem, Part Four: Undermining Canadian Copyright Law and International Copyright Treaty Obligations


. . . [more]
Posted in: Monday’s Mix

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) : Le droit à une enquête préliminaire est déterminé en fonction de l’état du droit à la date de la commission de l’infraction alléguée et il est acquis au moment où l’accusation est portée pour la première fois devant un tribunal.

Intitulé : Archambault c. R., 2022 QCCA . . . [more]

Posted in: Summaries Sunday

Suggestions for Lawyers Taking Family Law Cases to Mediation

It’s usually a relief when opposing counsel agrees to take a file to mediation. Not only do you gain more control over the outcome under less pressure, you get to shrug off a lot of the anxiety litigation provokes, at least for the time being. However, going to mediation doesn’t mean that your job is done. You’re still your client’s advocate and inadequate preparation will jeopardize the chances of settlement. You also need to support the mediation process itself, which will require you to walk a fine balance between supporting your client and supporting the resolution everyone wishes to achieve. . . . [more]

Posted in: Practice of Law