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Archive for October, 2024

Context Matters: Lessons in the Practicalities of Procedural Fairness

While there may be growing consensus about the fact that self-represented litigants (SRLs) are often unsure of court procedures and processes, a recent decision from the Yukon Court of Appeal highlights the significant implications for SRLs who are struggling, and the responsibility on other justice system players to make the process as transparent as possible. In LK v DD, the respondent in a family law application was successful at the Yukon Court of Appeal in overturning family law orders made at a summary trial of the parties’ applications and cross-applications. The Court of Appeal determined that the respondent had . . . [more]

Posted in: Justice Issues

Assessing Lawyers’ Accounts: Good Points to Remember

In Monkhouse Law v Belyavsky, 2024 ONSC 4970, Justice Centa of the Superior Court of Ontario provided a thorough summary for the factors that courts should consider when assessing lawyers’ accounts. In this case, the client retained Monkhouse Law to handle an employment matter on a contingency basis. However, the retainer was terminated prior to the resolution of the matter, and the client owed fees for the work performed to date. The former client disputed the fees owed.

Key takeaway points:

  • The court always retains a supervisory jurisdiction over legal fees (para 35).
  • Clients are entitled to have an
. . . [more]
Posted in: Practice of Law

Wednesday: What’s Hot on CanLII? – September 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. Kanthasamy v. Canada (Citizenship and Immigration)2015 SCC 61

[1] Abella J. — The Immigration and Refugee Protection Act consists of a number of moving parts intended to work together to ensure a fair and humane immigration system for Canada. One of those parts is refugee policy. Under s. . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Law Society Discipline of Lawyer-Politicians: Lessons From Law Society of Alberta v Shandro

The decision of the Law Society of Alberta in Law Society of Alberta v Shandro (2024 ABLS 14) has received media attention, but primarily for the result. In the process of dismissing three citations against politician Tyler Shandro, the Hearing Committee panel makes some important points about politicians who happen to be lawyers – points that are worthy of more attention independent of the result in the specific matter.

It seems intuitive that law society regulation, including complaints and discipline, could be ‘weaponized’ or otherwise abused as a tool against lawyer-politicians.[1] At the same time, it does . . . [more]

Posted in: Legal Ethics

Workplace or Watchtower? Examining the Rise of Employee Surveillance

What motivates you the most in the workplace? Is it the sense of accomplishment from completing a challenging project? Or maybe the camaraderie of collaborating with a great team? No, of course not. Silly of you to think that! The thing that motivates all of us, of course, is fear and paranoia that comes from workplace surveillance! It is the sentiment of an invisible omnipresence—with the threat of criticism, punishment, or even unemployment—that will deliver managers the best results. What else could drive productivity quite like the Orwellian nightmare of constantly being watched by your superior?

This seems to be . . . [more]

Posted in: Justice Issues, Legal Information, Technology: Office Technology