Canada’s online legal magazine.

Search Results

Your search for “IP” has returned the following results:

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

Captive Humans for Trade: Where’s the Law in “Hostage Diplomacy”?

The August 2024 prisoner exchange involving Russia, the United States, and several other countries has been lauded as a triumph of international diplomacy. Foreign hostages were not the only people released by Russia. Rights advocates were joyfully surprised and relieved that several Russian human rights defenders and political prisoners were released as part of the deal.

The August hostage exchange remains darkly tinged with the reality that Russia continues to hold over 1,300 prisoners on politically motivated charges. Worldwide, wrongfully detained people number at least a million. Authoritarian governments also conduct extraterritorial harassment to silence dissidents living abroad.

This column . . . [more]

Posted in: Justice Issues

Beyond Command and Control: The Case for Empathetic Leadership in Law Firms

There’s a lot of talk, grumbling, and bemused head-scratching in law firms these days among partners of a certain age who lament the younger generation of lawyers who are so good at saying no and preserving their nights and weekends for pursuits other than legal work.

What is certain is that the commanding leadership style of previous generations – I will tell you to jump, and you ask how high – are not getting the results they used to.

While it is easy to lament the current younger generation, adapting one’s leadership style is likely to yield better results.

Case . . . [more]

Posted in: Practice of Law

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

Tips Tuesday: Find Ontario CPD Materials on AccessCLE

This was mentioned this in a SLAW Tip back in 2013, but I thought it worth revisiting.

AccessCLE is a free resource that allows you to search and retrieve Law Society of Ontario CPD program materials from 2004 onwards. Articles are available as PDFs and can be downloaded free of charge.

You can either search materials for keyword or browse by topic. There is also an advanced search option that allows you to restrict your search by author, title, or full text. 

Susannah Tredwell . . . [more]

Posted in: Legal Information

A Relationship Model of Dispute Resolution

Do you know where the word “trial” come from? Its origins date back to the 12th-century French word trier, meaning “try,” “pick out,” or “cull.” By the 15th century, it referred to “an examination before a court” or “putting to proof by examination.”

But interestingly, and not accidentally, by the 16th century the definition of “trial” had grown to include “being subject to affliction or trouble through experience.” Today, it also commonly refers to an “ordeal,” with equally fun synonyms like “hardship,” “suffering,” and “nightmare” — any of which would probably resonate with the average recent litigant.

Trials aren’t . . . [more]

Posted in: Practice of Law

Tips Tuesday: Researching Legislation in BC

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]

Posted in: Legal Information

Stratospheric Strategy Success: Eclipsing Mediocre to Meteoric

Why be mediocre? Smart strategy developed thoughtfully and executed astutely ignites success that is stratospheric.

Strategy within many law firms is considered optional. These firms prefer to do what they’ve always done, then sweat and bleed to grind out results.

That’s because they choose to play it safe and run with the rest of the competitive herd. But running with the herd does not protect you from harm, it simply makes you one of many.

Playing it safe is a prevalent trait within the risk-averse legal services industry. But how tiresome and dull, not to mention frustrating. This is precisely . . . [more]

Posted in: Legal Marketing, Practice of Law

Tips Tuesday: Check the Currency of Laws Before Relying on Them

The House of Commons adjourned for the summer on June 20, 2024. A number of federal bills received Royal Assent the same day, including two omnibus acts, Bill C-59, the Fall Economic Statement Implementation Act, 2023, and Bill C-69, the Budget Implementation Act, 2024, No. 1.

While not all the amendments made by these acts came into force on Royal Assent, a number of them did. However, the federal Justice Laws Website has not yet added these changes to the consolidated legislation and, based on previous patterns, the consolidated legislation will take a while to be updated.

As . . . [more]

Posted in: Legal Information

Elected Municipal Councillor Was Not an Employee: No Violation of Employment Standards

Written by Christina Catenaci, BA, LLB, LLM, PhD, Content Editor, published by First Reference Inc.,

In April 2024, the New Brunswick Labour and Employment Board confirmed the decision of the Director of Employment Standards that an elected municipal councillor with a local government governed by the Local Governance Act was not an employee. He claimed that his six-month suspension was a violation of the Employment Standards Act and that he was owed damages. The Board concluded that the councillor did not meet the definition of “employee.” Therefore, the Board dismissed the councillor’s claim. . . . [more]

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

The Case for Multi-Disciplinary Models

A growing number of initiatives in the healthcare sector in Canada and in other jurisdictions facilitate access to care beyond what might be considered a medical intervention. The Social Medicine Supportive Housing Project at Toronto’s University Health Network (UHN) stands out as a prominent example in the Canadian context. In 2019, UHN launched a housing project to build homes on its lands with a view to prescribing housing to dozens of patients for whom chronic homelessness and housing precarity translate into thousands of emergency room visits every year. A 2023 article in Maclean’s Magazine discusses the UHN project, which was . . . [more]

Posted in: Justice Issues

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