Let me ask you a question. If you are a researcher interested in comparing laws and regulations related to indigenous peoples in several countries, which keywords should you use to find relevant information? Aboriginal Law, First Nations, Native Law, Tribal Law, Indian Law, something else, all of the above? Well, it depends. For those of you who have engaged in comparative research, be it legal or not, you know that the answer is always “it depends”. The reality is that different jurisdictions and legal systems have evolved and continue to do so in a myriad of disparate ways. . . . [more]

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. Singh et. al. v Braich, 2023 ONSC 5053

[1] This motion is about an examination for discovery gone wrong.

[…]

[3] The defendant brings this motion to compel the plaintiff to answer questions that plaintiff’s counsel objected to. The defendant relies on Rule 34.14 of the Rules of Civil . . . [more]

How does a Court assess a class action claim against a high-tech giant where the evidence is that the plaintiff reaffirmed the conditions of use numerous times in making her transactions in the world following the Supreme Court of Canada’s seminal case in Uber Technologies Inc. v. Heller, 2020 SCC 16, [2020] 2 S.C.R. 118.

In Heller, the Supreme Court found a compulsory arbitration clause in a contract of adhesion was unconscionable and unenforceable. The facts in that case would have required Heller to expend a year’s earnings to dispute the service agreement with Uber.

After Heller, . . . [more]

Last year, I submitted a report to the Law Society of British Columbia concerning the lawyer development and licensing system in that province. The report made only one recommendation — that BC create and adopt an entry-level lawyer competence framework as the basis for a new licensure system — which the law society’s Benchers accepted.

But my report also included a range of what I called “suggestions” — actions that I thought were worthwhile and beneficial, but that didn’t rise to the level of full “recommendations” that the Benchers would have to approve or reject. My goal was to encourage . . . [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) : L’appelante, qui, au terme d’un procès devant jury, a été déclarée coupable de meurtre au second degré pour avoir donné un coup de couteau mortel à la victime, échoue à démontrer que le verdict serait déraisonnable ou que le juge de première instance aurait dû accueillir sa . . . [more]