Canada’s online legal magazine.

Friday Jobs Roundup

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:

. . . [more]
Posted in: Friday Jobs Roundup

Wrapping Up the Year – Ten Questions to Reflect On

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]

Posted in: Practice of Law

Employer Pays Full Legal Costs for a Baseless Injunction

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]

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

Book Review: The Law of Independent Legal Advice

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]

Posted in: Book Reviews

Regulating Former Judges: Why the Delay?

Over the past twenty years, an increasing number of former judges have returned to the practice of law. Increased life expectancy and better health, shifting cultural attitudes about retirement and potentially lucrative opportunities have prompted a growing number of former judges to resume work as lawyers. For example, between 2013 and 2018, 41 former judges applied to the Law Society of Ontario to have their law licenses restored.[1]

The primary responsibility for regulating the ethical and professional issues generated by this phenomenon lies with the Federation of Law Societies of Canada (FLSC) and the individual law societies. And it . . . [more]

Posted in: Legal Ethics

Navigating the Adoption of New Technologies

The end of the year is a time when we frequently think about what has happened in the past and what will come in the future. One of the things that is often considered in this context is technological changes. With the benefit of hindsight it is easy to point to organizations that missed opportunities to adopt technologies at optimal times and worry that we are making similar mistakes in our own organizations.

The decisions associated with technology adoption are complex and involve many considerations. At the same time, they are necessarily made in the absence of perfect information. After . . . [more]

Posted in: Legal Technology

Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and French-language cases have been the most viewed* on CanLII and we give you a small sense of what the cases are about. La version française suit.

For this last week, the three most-consulted English-language decisions were:

  1. Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 SCR 817, 1999 CanLII 699 (SCC)

[1] L’Heureux-Dubé J. — Regulations made pursuant to s. 114(2) of the Immigration Act, R.S.C., 1985, c. I-2, empower the respondent Minister to facilitate the admission to Canada of a person where the Minister is satisfied, owing . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Public Speaking for Lawyers

There are three keys to public speaking: ethos, pathos, and logos. Ethos is achieved when the speaker is convincingly credible. Pathos is achieved when the audience is emotionally moved. Logos is achieved when the reasoning presented is reasonable. Note that none of these involve the mystical calling of charisma nor haughty concepts like truth. Public speaking is a skill involving elements available to all who work on them.

Testing

Before I move to these three keys, a word on development. Great speakers do not come naturally to the calling, but through testing. The speaker must test everything, observe effectiveness, and . . . [more]

Posted in: Practice of Law

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.

RESPONSABILITÉ : Lors de la soirée électorale du 4 septembre 2012 s’étant soldée par un attentat au Métropolis, la Sûreté du Québec et le Service de police de la Ville de Montréal ont manqué à leur obligation d’assurer la sécurité du public en exécutant un plan de sécurité qui n’offrait . . . [more]

Posted in: Summaries Sunday

Friday Jobs Roundup

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:

. . . [more]
Posted in: Friday Jobs Roundup

Lawyer-Client Bond Broken: The Unwritten Rule

Written by Daniel Standing LL.B., Editor, First Reference Inc.

Faced with a unique set of facts, an Ontario court in 2022 ONSC 5890 (CanLII) let two in-house lawyers off the hook when their former client sued them following the breakdown of their employment relationship. Would-be litigants in situations like the plaintiff’s would do well to remember that things aren’t always as they at first seem. It should almost go without saying: litigants had better have the evidence to prove it if they allege a breach of contractual or fiduciary duties. . . . [more]

Posted in: Case Comment, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions

Interview With Clio’s “Lawyer in Residence” Joshua Lenon

Clio’s “Lawyer in Residence”

Delighted to be granted an interview with Clio’s “Lawyer in Residence” Joshua Lenon, co-author Sharon Nelson asked Lenon to describe his duties as his title seemed a bit obscure. He laughed, no doubt having heard this query many times before.

As he described it, he does a veritable hodgepodge of jobs – all of which need a lawyer, but often requiring him to work with different groups. Clio has a wide range of professionals, officers, business development folks, IT and cybersecurity specialists, programmers, trainers, customer support professionals, etc. All of them need the benefit of Lenon’s . . . [more]

Posted in: Legal Technology

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This project has been made possible in part by the Government of Canada | Ce projet a été rendu possible en partie grâce au gouvernement du Canada