Canada’s online legal magazine.

Archive for September, 2023

Wednesday: What’s Hot on CanLII? – August 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. 

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

  1. AA v. Law Society of Ontario, 2023 ONLSTH 99

[77] We find that significant time has passed since the serious misconduct that took place in 2009 and that his actions since 2017 show a sincere and concerted attempt to address not only the historical sexual misconduct but also to . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Right Price, Time and Reasons for Acquisitions in Legal Information

The contentious sale of Simon and Schuster, by Paramount, to KKR for $1.62 billion, albeit for less than the $2.18 billion which, in 2020, was agreed in an agreement which subsequently failed, is a reminder both of the wealth and ambition of private equity, and the value of some publishing businesses. On a lesser monetary scale, there is no question but that Thomson Reuters’ acquisition of San Francisco-based Casetext is a significant step. Although in existence only ten years or so, in 2017, its legal research platform, CARA, was named by the American Association of Law Librarians as “new product . . . [more]

Posted in: Legal Publishing

Administrative Law After Vavilov: What’s Changed for Decision-Makers?

Is that all there is?
If that’s all there is my friends
Then let’s keep dancing…

“Is that all there is”, song by Jerry Leiber and Mike Stoller

Administrative law can be complicated. The Supreme Court of Canada in Canada (Citizenship and Immigration) v. Vavilov, 2019 SCC 65, tried to uncomplicate the law. Professor Paul Daly in his new book, A Culture of Justification: Vavilov and the Future of Administrative Law, outlines how well the court succeeded.

In 180 pages, he does a good job of situating Vavilov in the historical evolution of judicial review of administrative action. . . . [more]

Posted in: Dispute Resolution

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. National Magazine 2. ABlawg.ca 3. Legal Feeds 4. Canadian Appeals Monitor 5. Know How

National Magazine
Over the cliff

The first phase of Ottawa’s offensive against the internet went well enough with the passage of Bill C-11, the Online Streaming Act, which received royal assent in April

. . . [more]
Posted in: Monday’s Mix

Summaries Sunday: Supreme Advocacy

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 July 20 – August 31, 2023 inclusive.

Appeals

Criminal Law: Self-Represented Accused; Role of Amicus
R. v. Kahsai, 2023 SCC 20 (40044)

In exceptional circumstances, the trial judge retains wide discretion to appoint an amicus curiae with adversarial functions that can respond to the needs of . . . [more]

Posted in: Summaries Sunday

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) : L’appel du jugement qui a déclaré la compagnie appelante coupable de négligence criminelle ayant causé la mort d’un camionneur pour avoir omis d’entretenir le système de freinage de son camion est rejeté; même si la demande de l’enquêteur fondée sur l’article 59 de la Loi sur l’accès . . . [more]

Posted in: Summaries Sunday

Getting Ideas Into Action – One Lawyer’s Story

Having a new idea or insight form in our mind feels great. Each “aha” comes with a release of dopamine that gives us a sensation of pleasure.

Unfortunately, most good ideas don’t progress beyond the initial insight. Goals, no matter how worthy, take a lot of time and resources to implement.

It can be a long and tedious process to put plans into action. It is one thing to have an idea for a book and quite another to undertake the arduous effort to write and publish it.

That is why I was excited this month to speak with lawyer . . . [more]

Posted in: Practice of Law