Whether a restrictive covenant, like a non-compete clause, is enforceable depends on the context. In Dr. C. Sims Dentistry Professional Corporation v. Cooke, 2024 ONCA 388, Justice van Rensburg of the Ontario Court of Appeal upheld the trial judge’s decision to enforce the restrictive covenants placed on a dentist after he sold his practice. 

In her reasons, Justice van Rensburg notes that courts will give more scrutiny to the reasonableness of a restrictive covenant in the employment context. Conversely, when looking at restrictive covenants in the context of a sale of a business, courts will apply the presumption . . . [more]

Justice Jamal and the Supreme Court deserve passing marks for their transparency in addressing the request by the Quebec Government that the judge recuse himself in Quebec Secularism Law (Bill 21) case. This is in sharp contrast to the “F” that almost every commentator would give the high court for its dealings with the complaint against Justice Russell Brown in 2023 (see for example this scathing critique from Professor Geoff Sigalet).

Just to remind readers, the Supreme Court’s strategy in that instance was to say nothing and hope no one noticed that Justice Brown did not sit on any cases . . . [more]

If you need to research legislation in British Columbia, Gail Nash’s publication Legislation Made Easy has now been made freely available on BC Laws. 

This publication, well known to law librarians, is “a guide to the complexities of the various aspects of statutes, regulations and orders.” It covers such things as the legislative process, how bills, regulations and orders come into force (along with helpful flowcharts) along with some helpful definitions.

— Susannah Tredwell . . . [more]

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 June 21 – July 25, 2024 inclusive.

Appeals

Administrative/Labour Law: Standard of Review; Grievances Arbitration
York Region District School Board v. Elementary Teachers’ Federation of Ontario, 2022 ONCA 476; 2024 SCC 22 (40360)

This appeal provides an opportunity for the S.C.C. to determine the applicability . . . [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) : Les 2 coaccusés, des ex-joueurs des Tigres de la Ligue de hockey junior majeur du Québec, sont condamnés à des peines de pénitencier pour avoir agressé sexuellement la victime alors que celle-ci était âgée de 17 ans.

Intitulé : R. c. Daigle, 2024 QCCQ 3083 *
Juridiction . . . [more]

“Jury Duty” is a courtroom spoof-comedy reality show where the only victim is Ronald Gladden, who thinks he’s going to be a juror. Ronald is “picked” as a juror in a civil trial, except he is the only one who isn’t in on the theme of the show. The judge, counsel, fellow jurors, and witnesses are all actors, but Ronald is not. In one scene, the competent plaintiff’s counsel presents a kind of virtual reality reenactment of the scene which is the subject of the civil litigation, and it truly impresses the jurors. The bumbling counsel for the defense does . . . [more]

For decades, the ideas of equality, justice, and human rights have been the core pillars of Canada’s national identity. However, the reality embedded within our criminal justice system creates a significant obstacle to the actualization of those ideas. Overrepresentation of Indigenous and Black individuals in Canadian jails and prisons, and systemic racism in the criminal justice system, have been well documented in numerous studies and inquiries.[1] The Ontario Court of Appeal acknowledged this systemic issue over thirty years ago in R v Parks, 1993 CanLII 3383. This necessitates a pressing reconsideration of the “public interest” test used . . . [more]

British Columbia’s government is currently fighting the Law Society of British Columbia (LSBC) and the Trial Lawyers Association of British Columbia (TLABC) over BC’s new Legal Professions Act (Bill 21). They and others see Bill 21 as unlawfully terminating the independence of the profession of lawyers. Bill 21 also serves as a case study in the failure of democratic law-making.

As I write, faces of lawyers from other countries flash through my mind – lawyers who have suffered exile, criminalization, imprisonment, threats, attacks, murder, or enforced disappearance to silence their legitimate advocacy. In countries without a . . . [more]

Shutting down her computer for the day, Mary noticed how anxious she was. Yet again, she had received no feedback on the legal opinion she had drafted for the partner, and she was beginning to worry if her job was in jeopardy.

In law firms, far too often, “no news is good news.” You will hear what you did wrong or badly but are much less likely to hear what went well.

In the demanding field of law, nurturing the growth of junior lawyers is essential for their professional advancement and the firm’s ongoing success. And if you are taking . . . [more]

The Canadian Open Access Legal (COAL) Citation Guide/Guide canadien de la référence juridique en accès libre (RJAL) is now available: https://canlii.ca/t/7nc6q

Over the course of two years, law librarians from across Canada worked together to create the COAL-RJAL Guide. The English version of the Guide is now freely available and hosted on CanLII (2024 CanLIIDocs 830), and the French version is in progress. The Guide is intended to be used throughout the legal field and incorporates feedback contributed by reviewers from Canadian courts, law firms, law journals, law societies, and law schools.

The COAL-RJAL . . . [more]