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Archive for September, 2024

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.

FAILLITE ET INSOLVABILITÉ : Le juge de la Cour supérieure avait le pouvoir, en vertu de l’article 187 (5) de la Loi sur la faillite et l’insolvabilité, d’annuler la libération d’office de la débitrice; par ailleurs, il n’a pas erré en permettant au syndic d’introduire sa demande en annulation . . . [more]

Posted in: Summaries Sunday

Taming the Ghost in the Machine: Canada’s Journey to AI Regulation, Part 2

In part 1 of this article, we explored two different areas of the regulation of artificial Intelligence (AI) in Canada. These included existing laws of general application that apply to AI and are in force currently, as well proposed legislation that would regulate the commercial use of AI in Canada directly, known as the Artificial Intelligence and Data Act (AIDA). In part 2 of this article, I will introduce a number of international developments in the regulation of AI that have an impact on Canada and introduce the primary international norms that are developing in this area. The article . . . [more]

Posted in: Legal Technology

Employer Was Permitted to Require Experience for Job

Written by Christina-Catenacci, BA, LL.B., LLM, PhD Editor, First Reference Inc.

In August 2024, a New Brunswick labour arbitrator denied the union’s grievance that argued that an employee should have been awarded a job. The union took issue with the employer’s job requirement to have 1,000 hours of experience and stated that it was unreasonable. The arbitrator agreed with the employer that the employer was allowed to stipulate that job applicants for the position of truck driver had 1,000 hours of experience. . . . [more]

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

Book Review: Essays in the History of Canadian Law, Volume XII: New Essays in Women’s History

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.

Essays in the History of Canadian Law, Volume XII: New Essays in Women’s History. Lori Chambers & Joan Sangster, eds. Toronto: Osgoode Society for Canadian Legal History, 2023. xiv, 344 p. Includes illustrations, bibliographic references, and index. ISBN 9781487553906 (hardcover) $95.00; ISBN 9781487553913 (ePUB) $95.00; ISBN 9781487553920 (PDF) $95.00.

Reviewed . . . [more]

Posted in: Book Review, Thursday Thinkpiece

Summer US Legal Research Roundup

This July I was able to attend the American Association of Law Libraries Annual Meeting in Chicago. I had a wonderful time reconnecting with old friends and colleagues. Many of the sessions focused on how to handle AI in law libraries. I was glad to go to a presentation on project management where I learned that my colleagues at the Law Library of Congress are planning to work on a project to make the records and briefs of the Supreme Court of the US available online. This is a very exciting project that will take many years to complete and . . . [more]

Posted in: Legal Information

Momentum for Child and Youth Meaningful Participation and Voice in Family Justice

“All people want and need to be Heard, Seen and Loved” (HSL).

— In That Order —

The Dalai Lama (Note 1)

The Youth Voices Initiative (sponsored by the BC Family Justice Innovation Lab Society) is a youth-led group that has been working for over 7 years to advocate for children’s right to have their views heard about issues affecting their lives resulting from parental separation. Note 2

The United Nations Convention on the Right of the Child (UNCRC), Article 12 confirms that this is a RIGHT of children and youth – not a privilege granted by adults.

In 2022, . . . [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. Susan On The Soapbox 2. Borderlines Podcast 3. Excess Copyright 4. Legal Feeds 5. Civil Resolution Tribunal blog

Susan On The Soapbox
Happy Labour Day

Yesterday Premier Danielle Smith issued a statement celebrating Alberta Daya non-stat holiday created by her predecessor Jason Kenney to commemorate

. . . [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.

PÉNAL (DROIT) : Il a été démontré hors de tout doute raisonnable que le feu d’artifice que tenait l’accusée, une manifestante, et qu’elle a pointé en direction des policiers était une arme à feu au sens de l’article 2 C.Cr.

Intitulé : R. c. Lavoie, 2024 QCCQ 3591
Juridiction :  . . . [more]

Posted in: Summaries Sunday

Plain Language Tools as a First Step in Dispute Resolution

In his recent post “A Relationship Model of Dispute Resolution”, Jordan Furlong proposes a relationship model of dispute resolution:

The choice of dispute resolution environment should take into account the nature of the relationship that is the subject of the dispute. The more important or valued or future-looking the relationship, the farther away from trials and courtrooms it should be kept.

I wholeheartedly agree. There is value in considering ‘alterative dispute resolution’ processes outside of the courtroom when relationships are at stake. As he notes, “…trials, when they do occur, inevitably damage or destroy any relationship that existed . . . [more]

Posted in: Legal Information

Wednesday: What’s Hot on CanLII? – August 2024

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. R. v. Nnane, 2024 ONCA 609

[1] The appellant, George Nnane, was convicted after a jury trial of two counts of fraud. With the assistance of counsel, Mr. Nnane appeals those convictions, alleging that his trial was unfair because of the ineffective assistance provided by his trial counsel

. . . [more]
Posted in: Wednesday: What's Hot on CanLII

Academic Safe Haven for Irwin Law?

The news, from a distance, that the assets of Canada’s Irwin Law publishing business have been sold is nevertheless interesting and, one might hope, a positive step that will allow its portfolio to be developed in concert with that of the asset acquirer, the renowned University of Toronto Press. It is also hoped that the vendors have the same sense of satisfaction as my fellow owners and I had, at Dunedin Academic Press, having recently passed its assets to Liverpool University Press, and that the customer bases of and suppliers to both Irwin and UTP are the beneficiaries of . . . [more]

Posted in: Legal Publishing

Artificial Intelligence, Law Firms, and the Marx Brothers

Quit the AI theatrics and get on with the business of legal service.

I’ve had it. Had it with the legal industry’s incessant blither blather, adjective-laden hyperbole, and histrionic pearl-clutching – hello, law firms – pertaining to the perils and rarely the pluses of artificial intelligence.

The continuous and roiling notions around AI, its impact on the legal market, and how services will need to be offered, provided, and priced strikes me as a crazy collision of Marx Brothers movies, “A Day at the Races” and “A Night at the Opera.” Wacky, zany, and clear over the top.

AI will . . . [more]

Posted in: Legal Marketing, Practice of Law