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Archive for September, 2023

Tips Tuesday: Lead With the Point

Communicating with clients can be difficult, especially when you are trying to convey your legal opinion to them. When I first started writing opinions, I had a tendency to write a lot and try to explain every detail to the client. This often resulted in lengthy opinions that weren’t accessible for the client. A tip that was given to me by a mentor was to think about what the most important part of the opinion or letter was, then focus on getting that piece of information to the client as soon as possible, ideally on the first page.

If the . . . [more]

Posted in: Practice of Law

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. Library Boy 2. The Every Lawyer 3. Civil Resolution Tribunal blog 4. Canadian Securities Law 5. SOQUIJ | Le Blogue

Library Boy
New Podcast Series on Canadian Criminal Justice System

University of British Columbia (UBC) law professor Benjamin Perrin has launched a new podcast series entitled Indictment:

. . . [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.

FAILLITE ET INSOLVABILITÉ : Le syndic de faillite ne peut demander le partage de la résidence familiale détenue en copropriété indivise par le débiteur et son épouse, car ce dernier n’a pas lui-même le droit de mettre fin à l’indivision en vertu de l’article 1030 C.C.Q.; ainsi, le syndic est . . . [more]

Posted in: Summaries Sunday

Torts and Family Violence: Ahluwalia v Ahluwalia

By: Jennifer Koshan and Deanne Sowter, cross-posted to Ablawg.ca

Case Commented On: Ahluwalia v Ahluwalia, 2022 ONSC 1303 (Can LII); 2023 ONCA 476 (CanLII)

Intimate partner violence (IPV) takes many forms, all of which cause harm to survivors (who are disproportionately women and children). In August, the Minister of Justice and Attorney General of Canada declared that gender-based violence is an epidemic. However, only certain forms of IPV were subject to legal sanction historically – primarily physical and sexual abuse, although sexual assault against a spouse was only criminalized in 1983 (see Criminal Code, RSC 1985, . . . [more]

Posted in: Justice Issues, Legal Ethics

When Colours, Animals and Work Don’t Mix

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

If there’s a main lesson in 2022 BCHRT 129 (CanLII), it’s to use a person’s name instead of animals and colours when referring to them. The reason? When racial slurs are issued at work, the buck stops with the employer, who could find itself vicariously liable along with the perpetrator employee for discriminatory practices The case also presents a best practice for employers who may be able to limit their liability with a rapid and effective investigation. . . . [more]

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

Standardizing Legal Data to Extract Insights

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. 

Wouldn’t it be great if there were a worldwide, standard taxonomy—adopted by all major vendors, firms, and clients—to make legal data interoperable? Well, happily for us all, just such a taxonomy exists. It’s called SALI. And this standard taxonomy/ontology . . . [more]

Posted in: Legal Information: Information Management, Technology

Book Review: Troubling Truth and Reconciliation in Canadian Education

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.

Troubling Truth and Reconciliation in Canadian Education: Critical Perspectives. Edited by Sandra D. Styres & Arlo Kempf. Edmonton, Amiskwacîwâskahican, Treaty 6, Métis Territory: University of Alberta Press, 2022. xxv, 302 p. Includes biographical references. ISBN 9781772126006 (softcover) $46.99; ISBN 9781772126181 (ePUB) $46.99; ISBN 9781772126198 (PDF) $46.99. <uap.ualberta.ca>.

Reviewed by Ann . . . [more]

Posted in: Book Review, Thursday Thinkpiece

Why Should I Teach From (And Contribute To) a Casebook?

If you’ve ever taught law, you will have had to decide whether to build your course around an established casebook authored by somebody else, or from materials (cases, legislation, and articles) you’ve compiled yourself.

As a law book publisher, I’d like to make the case for teaching from a casebook; and, if you have the opportunity – contributing to one.

For one thing, when choosing to teach from a book, you’re not just making a straight choice between your own and someone else’s materials. Even if an authored casebook is the work of a single author, by the time it’s . . . [more]

Posted in: Education & Training, Legal Information, Legal Publishing

Discussions of Professional Identity in Legal Education

Picture a lawyer. Was he a male or was she a female lawyer? Was the lawyer wearing a suit? Was the suit black or blue? Even if you’re a huge fan of the film Legally Blonde, I doubt you pictured Elle Woods in her pink suit. In the movie, Elle stuck out like a sore thumb among her more conservatively dressed classmates. This fall, as students begin their legal education, some of them will face deep insecurities and will not see themselves as lawyers. Schools can give students the space to talk about their perception of professional identity and encourage . . . [more]

Posted in: Legal Education, Legal Information

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. Canadian Class Actions Monitor 2. Official Clio Blog 3. Michael Geist 4. Attorney with a Life 5. Canadian Securities Law

Canadian Class Actions Monitor
Saskatchewan Court of Appeal: Serial Certification Attempts Abusive

In Abbott Laboratories, Ltd. v Spicer, the Saskatchewan Court of Appeal permanently stayed a

. . . [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) : Les propos de l’accusé, qui était le passager du véhicule conduit par sa soeur inexpérimentée, peuvent constituer une forme de garde ou de contrôle de celui-ci (art. 320.11 a) C.Cr.) au regard des accusations de conduite dangereuse causant la mort et de fuite lors d’une poursuite policière . . . [more]

Posted in: Summaries Sunday

Get Up to Date News About Unbundled Legal Services and Legal Coaching in BC and Beyond

The BC Family Unbundling Roster currently has over 200 Roster members across the province. The BC Family Justice Innovation Lab administers the Roster and publishes a newsletter to Roster members and other subscribers that describes helpful tips about unbundling and developments in the field.

In the August 2023 newsletter you will find details about:

  1. An update on the Unbundled Legal Services Research Project Phase 2/Phase 3
  2. Roster member Sonali Sharma receives CBABC Innovation Award
  3. Jamie Maclaren KC honoured for his inspiring leadership including of the Everyone Legal Clinic which provides services on an unbundled basis
  4. A Slaw post linking unbundling
. . . [more]
Posted in: Dispute Resolution