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Archive for October, 2024

Canadian Judicial Council Guidelines on Social Media Use – an Important First Step

The Canadian Judicial Council (CJC) has issued ethical guidelines for judges on the use of social media. These guidelines could be a useful template for updating or expanding codes of ethics for tribunal members. In this column I identify some of the key parts of the guidelines as well as some of the shortcomings.

The CJC defines social media, using the Oxford English Dictionary definition as its foundation:

 … social media is defined as “websites and applications which enable users to [access], create and share content or to participate in social networking.” This definition encompasses a wide variety of tools,

. . . [more]
Posted in: Dispute Resolution, Legal Ethics

2023 Walter Owen Book Prize

The Canadian Foundation for Legal Research has announced its award for the 2023 Walter Owen Book Prize to Modern Criminal Evidence (Toronto, Emond Publishing) for exceptional legal scholarship in Canada.

The Walter Owen Book Prize honours its namesake (1904–1981) who privately practised law for 40 years; served as President of the Canadian Bar Association; and in 1959, became the Foundation’s first President.

A Jury appointed by the Foundation recommended prize recipients from a list of 35 book nominees after more than four months of deliberation. All selections by the Jury were unanimous.

On behalf of the Jury, Professor John N. . . . [more]

Posted in: Legal Information: Publishing

Being on or Off Message in Law Publishing and Elsewhere

From the reassuring distance of not relying significantly on the professional information industry to pay my creditors, I can permit myself to comment, on or off message at whim, on the requirement, for some others, to remain on it, and always promote the party line. The obvious result, if this is the case, is that much of what we read and hear is likely to be public relations nonsense, and even lies.

I would also admit that, particularly over the period during which I have been writing and pondering on law publishing, and reflecting on the totality of . . . [more]

Posted in: Legal Publishing

How to Find Annotated Rules of Court for Ontario on CanLII

I’ve previously talked about the CanLII Manual to British Columbia Civil Litigation, a free resource that includes an annotated version of the B.C. Rules of Court. However, B.C. is not the only jurisdiction for which you can find an annotated Rules of Court on CanLII.

The Civil Procedure and Practice in Ontario, published in 2022 and written by a team of 135 leading litigators and experts, provides both commentary and case law, as well as links to other useful resources. It includes short summaries of the cases cited, along with links to the full text of the cases. . . . [more]

Posted in: Legal Information

Animal Therapy

In this wellness message I wanted to focus on my favorite subject; animals.

I know that many of you have pets and are great animal lovers.

I have been told by numerous friends and colleagues that they enjoy the company of their furry companion more than people.

It’s sad to say but at times it is true.

The overwhelming amount of work, daily responsibilities and just life in general, makes us feel tired and spent. Being with animals provides an oasis where we can be ourselves, relax and be with a living being that is completely non judgmental and accepting. . . . [more]

Posted in: Practice of Law

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. The Court 2. Le Blogue du CRL 3. Flex Legal Blog 4. ABlawg.ca 5. Off the Shelf

The Court
SCC Clarifies Bankruptcy Discharge Provisions

In Poonian v. British Columbia (Securities Commission), the Supreme Court of Canada clarified that disgorgement orders, but not administrative fines, could survive discharge

. . . [more]
Posted in: Monday’s Mix

Harnessing Technology to Advance Community Justice: Time for New Approaches

Ongoing barriers to access to justice remain a persistent problem throughout our legal system, particularly for those living on low incomes. In law, as across all areas of society, there is much interest in the potential to harness technological innovations to help address those barriers. Legal regulators in Canada and abroad are taking a variety of approaches aimed at unlocking the potential of technology-based legal services, while also continuing to protect the public from harm. Efforts in Canadian provinces, however, do not seem to be generating initiatives that will benefit people most in need of more accessible justice. We think . . . [more]

Posted in: Justice Issues

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) : La réhabilitation amorcée par l’accusée, reconnue coupable de leurre, de contacts sexuels, de trafic de stupéfiants et de bris de probation, a été considérée à sa juste mesure par la juge de première instance, qui lui a imposé une peine globale de 18 mois d’emprisonnement; il convient . . . [more]

Posted in: Summaries Sunday

Book Review: The Quantified Worker: Law and Technology in the Modern Workplace

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.

The Quantified Worker: Law and Technology in the Modern Workplace. By Ifeoma Ajunwa. Cambridge, U.K.: Cambridge University Press, 2023. xiv, 461 p. Includes bibliographic references, illustrations, and index. ISBN 9781316636954 (softcover) $39.95.

Reviewed by Alexandra Kwan
Digital Services and Reference Librarian
Bora Laskin Law Library
University of Toronto

The Quantified . . . [more]

Posted in: Book Review, Thursday Thinkpiece

The Breakdown of Trust: How Delays in Canada’s Justice System Foster Vigilantism

The Crisis of Court and Tribunal Delays and the Loss of Faith in the Justice System

Timely delivery of justice is not just a legal ideal; it’s a societal necessity. In Canada, however, this ideal is increasingly out of reach due to mounting court and tribunal backlogs.[1] The Canadian justice system has long grappled with delays, but recent figures underscore a crisis of unprecedented proportions. Following the COVID-10 pandemic, courts and tribunals across the country have had to postpone a vast number of cases. As an example, data from the post-pandemic Tribunals Ontario 2021-22 Annual Report revealed that the . . . [more]

Posted in: Justice Issues

Surveys…But, in Law?

We complete surveys on a daily basis. You get assistance from Microsoft Support and they immediately ask you to complete an online survey. William Dalrymple and Anita Anand, the hosts of one of my favorite history podcasts, Empire, are currently asking their listeners to complete a survey to provide feedback on the show. You buy a product and get an email asking for a review, which is essentially a survey on the product. But it’s a crazy idea in law, am I right?

For those in private practice, sending a survey to your client about how much they liked . . . [more]

Posted in: Practice of Law

OsgoodePD’s Annual Contract Law Symposium Is Back for 2024!

Contracts are integral to how institutions operate – from government, to banks, to non-profits, to commercial markets, and beyond. However, the past few years have rocked our understanding of how we work with contracts. The continuing effects of pandemic disruptions, rising prices, and the proliferation of artificial intelligence and blockchain are just some of the system-wide changes that have filtered down into the fundamentals of contracting.

Whether your role involves drafting, negotiating, enforcing, or litigating contracts, you need to be up to date on how contract law is changing today.

Make sure you’re prepared with OsgoodePD’s National Annual Symposium on . . . [more]

Posted in: Announcements