Canada’s online legal magazine.

Archive for May, 2024

Ready, Set, Go: Exploring the CAS Ad Hoc Division in the 2024 Paris Olympic Games

In the dynamic realm of international sports, conflicts and disputes frequently emerge, ranging from doping allegations to contested referee decisions. Resolving these issues swiftly and impartially is paramount to maintaining the integrity of sporting competitions. Enter the Court of Arbitration for Sport (CAS) headquartered in Lausanne, Switzerland, a pivotal institution tasked with adjudicating such disputes since its inception in 1983. Particularly noteworthy, considering the sports calendar for July 2024 is the CAS Ad Hoc Division, a specialized body established to ensure justice during the Olympics. This brief post delves into the intricacies of the CAS Ad Hoc Division, its . . . [more]

Posted in: Legal Information

AI and Public Services

Today, I read two articles that, at first, appear to be entirely unrelated to one another.

Technology – Another Drain on Public Resources?

First, this one:
Elizabeth Thompson, “Federal Government Plans to Increase its use of AI – With Some Big Exceptions” (CBC News, May 27, 2024), online.

I read this article with interest. I have a continuing concern about the persistent underfunding of our public services in this country.

I’ve seen it happen first hand, and have written about here. Technology companies come to the public sector looking to make millions. Technology companies step up to the . . . [more]

Posted in: Technology

Who’s Afraid of Little Old Me? an Exploration of a Mediator’s Influence

A mediation critic claims “mediators have no teeth”. This is to suggest that mediators have no power. The thinking being that a mediator’s lack of decision making renders them without authority.

Mediation is a process of self-determination for the parties participating in it. The mediator is a neutral facilitator, not an outcome imposer. For that reason, a mediator’s settlement rate is as misleading a statistic as a pitcher’s wins in baseball. Baseball fans know that a pitcher cannot earn a win without their team scoring runs, a task the pitcher is not involved in. Likewise, whether or not a case . . . [more]

Posted in: Dispute Resolution

Search Only the Table of Contents

If you are searching a looseleaf or text you may find it helpful to restrict your search to just the table of contents.

This can give you a more useful set of results, particularly in situations where the terms used are very common or have multiple meanings. However you may miss some relevant content if the table of contents doesn’t use the precise words or terms you are searching for.

Both Lexis+ and Westlaw Canada allow you to limit your search to the table of contents of a specific title.


In Lexis+, use the Table of Contents (TOC) only . . . [more]

Posted in: 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. In All Fairness 2. Vincent Gautrais 3. The Court 4. BC Provincial Court eNews 5. Sport Law Blog

In All Fairness
Épisode 83 (in French): Série «Sous le feu» avec le juge Simon Ruel – La défense en justice pénale internationale

Au cours de cet entretien, Maîtres

. . . [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.

ASSURANCE : La Cour d’appel estime que le juge de première instance n’a pas commis d’erreur en concluant que le titre «Suicide», sous lequel se trouve la clause d’exclusion en litige, n’était pas conforme aux exigences prévues à l’article 2404 C.C.Q.

Intitulé : Beneva inc. c. Bolduc, 2024 QCCA 589 . . . [more]

Posted in: Summaries Sunday

The Potential for Reducing Claims With Plain Language

The focus of my career has shifted from primarily creating legal information for those without legal representation to now include risk management and loss prevention for lawyers. This expanded focus has also broadened my view on the importance of plain language for our profession. The benefits of a plain language approach for self-represented litigants are clear, but it also offers the potential of reducing claims risk for lawyers and their clients.

As noted in the recent Slaw article by Jennifer Leitch, NSRLP Executive Director, “Thinking Like a Non-Lawyer: When Plain Language is Not Enough[i], there is . . . [more]

Posted in: Justice Issues, Legal Information, Practice of Law

Loose Lips Lead to Lost Cash

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

Employers are no stranger to various forms of litigation like grievances, lawsuits and human rights complaints. Sometimes, these complaints proceed to a full hearing and decision, but not unfrequently, matters are settled by the parties without the need for a hearing. Usually, these settlements require the parties to keep the details confidential and not make any disparaging statements about the other party. A 2023 decision of the Human Rights Tribunal of Ontario, HRTO 1138 (CanLII) illustrates a remedy that might be open to the employer if the employee breaches these . . . [more]

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

Book Review: Standards for the Control of Algorithmic Bias: The Canadian Administrative Context

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.

Standards for the Control of Algorithmic Bias: The Canadian Administrative Context. By Natalie Heisler & Maura R Grossman. Boca Raton, FL: CRC Press, 2024. 108 p. Includes bibliographic references and index. ISBN 9781032550220 (hardcover) $64.95; ISBN 9781003428602 (eBook) $24.95.

Reviewed by Marnie Bailey
Manager, Knowledge Services
Fasken Martineau DuMoulin LLP . . . [more]

Posted in: Book Reviews, Thursday Thinkpiece

Setting Your Law Firm Administrator Up for Success

In the first two years since launching their small law firm, Partners John, Amy, and Andi have experienced an unexpected degree of success. Time has passed quickly as they’ve dealt with new clients and engagements. However, they’ve realized that the administrative workload has become overwhelming, taking up valuable time and energy. Gathering in their conference room, surrounded by paperwork and to-do lists, they agree it’s time to hire a Law Firm Administrator.


We’ve developed a simple guide to aid you in hiring your first or next Law Firm Administrator. While a capable Law Firm Administrator can alleviate a substantial . . . [more]

Posted in: Practice of Law

When Intellectual Property Proceedings Go Too Slowly

What happens when an intellectual property enforcement proceeding takes too long? Most IP cases in Canada take place in the Federal Court where the rules around dismissals for delay are different than in the provincial superior courts.

In the Ontario Superior Court, after a pandemic hiatus, the court is resuming administrative dismissals of civil cases that have not been set down for trial in a timely manner. As noted in the most recent , “Administrative dismissals under the court rules are intended to promote the timely resolution of legal disputes, discourage delays, and increase efficiencies in the court system.”

For . . . [more]

Posted in: Intellectual Property

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. Doorey’s Workplace Law Blog 2. Canadian Privacy Law Blog OK 3. Know How 4. The Docket 5.

Doorey’s Workplace Law Blog
More Details on the UFCW-UBER Agreement

In this January 2022 post, I discussed the breaking news that UFCW and UBER Canada had reached some sort

. . . [more]
Posted in: Monday’s Mix