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Archive for May, 2023

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.

CONSTITUTIONNEL (DROIT) : L’application de la Loi sur la sécurité privée à une entreprise qui exploite un centre d’appels d’urgence dans un aéroport ne cause aucune véritable entrave aux activités de cette dernière dans leur spécificité fédérale; le juge de la Cour supérieure a erré quant à l’intensité des effets . . . [more]

Posted in: Summaries Sunday

Being Optimally Sized, Focused, Efficient and Effective Are, Perhaps, Keys to Successful Professional Information Publishing

That v-Lex and Fastcase have merged, now called v-Lex Group, is an important and certainly interesting development for customers on both sides of the Atlantic and far beyond, continuing a process in which the two businesses have been steadily advancing through acquisition and consolidation. The deal, ironically, was announced within days of Thomson Reuters having sold, to an alternative asset management firm, a majority stake in one of its significant businesses aimed at legal markets.

Some might argue that neither v-Lex or Fastcase is young enough genuinely to be labelled “disrupter”, but both have built reputations . . . [more]

Posted in: Legal Publishing

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

The Conundrum of Conflicting Medical Evidence

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

In 2023 CanLII 13643 (CALA), arbitrator Graham J. Clarke examined the question of conflicting medical evidence in an accommodation matter and determined the employer was wrong to have ignored the employee’s evidence while preferring that of its own doctor. The outcome was to send the parties back to the drawing board, illustrating how tricky it can be for the employer to make the right choice when the medical evidence points in opposite directions. . . . [more]

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

Graphing Interactions of Responses to Legal Problems

One of the interesting things that came out of my research into the results of the Canadian Legal Problems Survey is how people pursue different courses of action to resolve their legal problems and how the different courses of action interact.

Here is a graph of the frequency of course of action and and how actions co-occur. The actions are ordered from left to right in order of how helpful people found the action to be.

You can see an accessible and animated version of the graph with data available for download here. . . . [more]

Posted in: Miscellaneous

Wednesday: What’s Hot on CanLII? – April 2023

At the beginning of each month, we tell you which three English-language cases and French-language cases have been the most viewed* on CanLII in the previous month and we give you a small sense of what the cases are about. La version française suit.

For this past month, the three most-consulted English-language decisions were:

  1. Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 (CanLII)

[1] This appeal and its companion cases (see Bell Canada v. Canada (Attorney General), 2019 SCC 66 (CanLII)), provide this Court with an opportunity to re-examine its approach to judicial review of administrative . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Bringing Online Consumer Dispute Information and Resolution to Saskatchewan

The Financial and Consumer Affairs Authority of Saskatchewan (FCAA) recently launched a new legal guided pathway and online dispute resolution platform to resolve consumer disputes. I had the privilege of working with the FCAA Consumer Protection Division team to develop the legal guided pathway portion of the project called Consumer Rights. This includes twelve dispute areas ranging from auctions to vehicle dealers.

The goal of the Consumer Rights pathway is to help consumers and businesses resolve issues in a fast, efficient and fair manner. It is an interactive pathway that takes the user through a series of questions and . . . [more]

Posted in: Legal Information

The Unique Value of Lawyers in the Legal Process: Why AI Will Never Replace the Human Touch

This post was co-created by Kari Boyle and Matt Sims, with help from ChatGPT.

“How do we create value that is distinct from what machines can do faster and cheaper? The answers will shape our future.” Greg Satell, Note 1

The legal profession is experiencing a transformational shift, with AI and automation changing the way legal services are delivered. However, despite the advancements in technology, there are still essential aspects of the lawyer/client relationship that only a human lawyer can provide. In this article, we will discuss the unique value provided by lawyers and how lawyers can identify and build . . . [more]

Posted in: Dispute Resolution

Tips Tuesday: Creating an “Unread” E-Mail Folder

Are you someone who uses e-mail filters to try and keep some semblance of organization in your inbox? Ever filtered too well and ended up missing an important e-mail because it skipped the inbox and got stuck in a sub-folder?

This tip will help you to filter your e-mails with confidence knowing that you will never miss an unread e-mail again. Let me introduce you to the “Unread” folder. This is a folder that you can create that can crawl all of your e-mail folders for unread e-mail messages and pull them into one common folder for you to view . . . [more]

Posted in: Practice of Law: Practice Management, Technology: Office Technology

The Supreme Court of Canada’s Public Outreach Efforts Need Better Transparency

Supreme Court of Canada Chief Justice Richard Wagner has been clear about wanting to bolster his Court’s public outreach. Since he assumed the top role, his Court has held highly-publicized sittings in Winnipeg and Québec City and begun issuing glossy “Year in Review” recaps. Another sign of this outreach is the 56 conferences the justices attended last year – more than the actual number of decisions they authored during the same period.

Given the Court generally grants leave to appeal in only 6-9% of leave applications, this emphasis on public outreach begs an important question about . . . [more]

Posted in: Justice Issues

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. BC Injury Law Blog 2. First Reference 3. Off the Shelf 4. PierreRoy & Associés 5. Susan On The Soapboxe

BC Injury Law Blog
Exploring Pre-Existing Injury on Discovery – Forever Not Always OK

There is no shortage of caselaw addressing the obligations to produce historic clinical

. . . [more]
Posted in: Monday’s Mix