When someone starts a conversation with “it is useful to return to first principles”, you know that things have been drifting a bit. The Ontario Court of Appeal recently used that expression when discussing the role of the court in labour relations matters (National Organized Workers Union v. Sinai Health System, 2022 ONCA 802). In this dispute, the National Organized Workers Union was seeking an interlocutory injunction to prevent Sinai Health System from enforcing a mandatory vaccination policy pending the arbitration of grievances that challenged the policy.

The first principles the court is referring to are of course . . . [more]

Focusing primarily on smaller acquisition targets, when professional publishing, or indeed any businesses are comparatively cheaply sold to and acquired by venture capitalists of one kind or another, it is hard to imagine that the motives, both for the vendor and the acquirer, though mostly the latter, are anything other than the crudest form of money-making. There may also be, of course, the characteristically politically reactionary and not always honourable inclinations, objectives and outcomes which might prevail in that world, to a greater extent than in others. Not that there is, necessarily and fundamentally, anything strange or surprising with all . . . [more]

The U.S. mid-term elections are almost over except for the litigation from sore losers. The new Congress will be more diverse and probably more divisive. The old Congress is working on finishing up business by the end of the year, including funding the government. I’m hoping the new Congress will be able to work better together, but I am not betting on it.

The Law Library of Congress continues to post accurate and timely legal information on a variety of subjects in their In Custudio Legis blog. On November 30^th Michael Chalupovitsch, a Foreign Law Specialist at the Law . . . [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 Nov. 17 – Dec. 31, 2022 inclusive.

Oral Judgments

Criminal Law: Hearsay
R. v. Furey, 2021 NLCA 59; 2022 SCC 52 (40038)

Karakatsanis J.: ” … The trial judge did not err in admitting the hearsay evidence on the voir dire. However, we would . . . [more]

Each Friday, we share the latest job listings from Slaw Jobs, which features employment opportunities from across the country. Find out more about these positions by following the links below, or learn how you can use Slaw Jobs to gain valuable exposure for your job ads, while supporting the great Canadian legal commentary at Slaw.ca.

Current postings on Slaw Jobs:

• Digital Scholarship Librarian (Full-time) | Toronto, ON
  (Osgoode Hall Law School, York University)
• Family Lawyer (Full-time) | Langley, BC
  (Waterstone Law Group LLP)
• Senior Conveyancer (Full-time) | Langley, BC
  (Waterstone Law Group LLP)
• Litigation Lawyer (Full-time) | Chilliwack, BC
  (Waterstone

If a lawyer physically or sexually assaults their intimate partner, they may be penalized by their governing law society for conduct unbecoming a member of the profession. If a lawyer commits systems abuse while self-representing, the behaviour may amount to professional misconduct. However, if a lawyer in their representative capacity acts as a tool of abuse on behalf of their client, it seems as though they are unlikely to be found guilty of professional misconduct for their role in the intimate partner violence (“IPV”). To be sure, their professional conduct may be subject to judicial admonishment and even costs consequences; . . . [more]

From December 7-19, the 15^th meeting of the Conference of Parties (COP15) of the UN Convention on Biological Diversity was held in Montreal. Among the discussions abuzz was how Canada, and the over 100 other nations who formally supported the call to protect 30% of the world’s lands and oceans by 2030 in order to prevent catastrophic biodiversity loss, would make this happen.

Canada has not only supported this call, but has pledged to meet this target in the G7 Nature Compact. Having the second largest land mass in the world, Canada has a large role to play . . . [more]

Each Friday, we share the latest job listings from Slaw Jobs, which features employment opportunities from across the country. Find out more about these positions by following the links below, or learn how you can use Slaw Jobs to gain valuable exposure for your job ads, while supporting the great Canadian legal commentary at Slaw.ca.

Current postings on Slaw Jobs:

• Digital Scholarship Librarian (Full-time) | Toronto, ON
  (Osgoode Hall Law School, York University)
• Family Lawyer (Full-time) | Langley, BC
  (Waterstone Law Group LLP)
• Senior Conveyancer (Full-time) | Langley, BC
  (Waterstone Law Group LLP)
• Litigation Lawyer (Full-time) | Chilliwack, BC
  (Waterstone

December 23, 2022. Time for a deep inhale and a longer exhale. You did it. You made it through another intense year.

Life these days is always some form of crazy. Change isn’t something that you have to handle once in a while. It is now part of the rhythm of daily life.

That said, there is much that remains constant. We love, laugh, help, care, and rest.

There is also so much within our control.

Who we choose to spend time with.

Where we place our focus.

What we do to celebrate.

As you read this, take a few . . . [more]

Written by Lewis Waring, Paralegal, LL.B., Articled Clerk, Editor, First Reference Inc.

In a recent Ontario ruling, an employer was forced to pay an extremely high amount in costs after attempting to enforce its non-competition and non-solicitation clauses twice in the middle of the same legal proceedings. The employer had brought two separate motions that both sought to prevent its former employee from working for its competitor. However, the fact that the employee had actually ceased working for its competitor and that the non-competition and non-solicitation clauses in its contracts had actually expired made the employer’s request impossible. The impossibility . . . [more]

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 Law of Independent Legal Advice. By Ted Tjaden. 3rd ed. Toronto: Carswell, 2021. xciii, 778 p. Includes table of cases, bibliographic references, and index. ISBN 9780779898947 (softcover) $250.00.

Reviewed by Hannah Steeves 
Instruction & Reference Librarian
Sir James Dunn Law Library, Schulich School of Law

The name Ted Tjaden . . . [more]