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. FACL BC Podcast 2. First Reference 3. The Court 4. Family LLB 5. Double Aspect

FACL BC Podcast
Episode 33: Taking a Break and Throwing Your Own Party with James Hsu

In this episode, James Hsu unveils his unique career journey – transitioning from a litigator to employment lawyer to in-house legal counsel before finding his calling back in private practice as an employment and human rights lawyer at PortaLaw. James also shares his reflections from a nine-month long break between positions. Having gained valuable insights into maintaining personal autonomy, life satisfaction, and identity, James speaks on the importance of taking a break, understanding the meaning behind your career goals, and “throwing your own party”. …

First Reference
Employee time theft and employer remedies

“Time theft” describes situations where an employee is paid for time they knowingly misrepresent as having been worked. Time theft may take many different forms. It could include longer-than-scheduled breaks, misrepresenting or altering records (such as timecards), or completing personal matters on paid company time. It received renewed attention during the pandemic as more employees worked remotely. Where an employer becomes aware that an employee is engaging in time theft, there are several options that may be available: …

The Court
R v Bykovets: Police Protocol for Internet Protocol

In R v Bykovets, 2024 SCC 6, the Supreme Court of Canada (“SCC”) decided that Canadians have a reasonable expectation of privacy in their Internet Protocol (“IP”) addresses. As a result, law enforcement and investigative agencies will require judicial authorization to compel disclosure of IP addresses, or else be found to breach section 8 of the Canadian Charter of Human Rights and Freedoms [Charter]. Section 8 of the Charter, which protects against unreasonable search or seizure, is the primary restriction on the government’s ability to infringe on the privacy interests of Canadians. …

Family LLB
Post-Divorce Financial Planning in Ontario: Restructuring, Tax Implications, and Future Protection

Divorce not only affects personal relationships but also brings significant financial changes. In Ontario, as of 2024, individuals who have gone through a divorce must consider how to restructure their finances, understand the tax implications of their new status, and take steps to protect their financial future. This article will guide you through the essential aspects of financial planning post-divorce, offering strategies to secure your economic well-being. …

Double Aspect
A Strategy against Lethargy?

In my last post, I summarized and criticized the Federal Court’s decision in Hameed v Canada (Prime Minister), 2024 FC 242, which declared that the government of Canada has a duty under the constitution to just get on with judicial appointments already. Emmett Macfarlane has made many similar points on his Substack as well. But, as I noted, while the actual reasons given by Brown J were very bad, that doesn’t mean there weren’t serious arguments to be made for the outcome he reached ― though I’m not sure whether any such arguments were actually put to him by counsel. In this post, I review these arguments. …

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*Randomness here is created by Random.org and its list randomizing function.