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

In his brief reasons for the decision on a motion concerning costs, Justice Frederick Myers of the Ontario Superior Court of Justice didn’t mince words. Focused squarely on issues of fairness and access to justice, the judge awarded significant costs to the plaintiff in a wrongful dismissal matter while providing clear guidance to employers about how to handle such situations.

The decision in Court File Number CV-20-00646993 followed a written hearing at the end of October 2022. The judge noted that the litigation was all about money, and it wasn’t the . . . [more]

Typically, lawyers work from 40 – 80 hours per week. If they are able to bill out 2/3rds of that time, they are lucky (or organized). But it could be better. The difference between billed work and the rest of that time is often wasted or at least under-utilized time. That’s because most lawyers don’t have a clear sense of what they want to achieve in a year, a month, a weak, a day. They might know generally, but wishes don’t move mountains. Plans do.

As a lawyer coach, I NEVER forget that time a lawyer spends working, learning, marketing . . . [more]

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. Enviro Hazmat Emergency Response Inc. v Olson, 2018 ABPC 286

[4] Some motorists prefer to deal with the original manufacturer rather than buy aftermarket replacement parts. Part of the appeal with Ford parts, is that Ford guarantees their products. If an aftermarket product fails, the remedy is with the company who made . . . [more]

Solicitor-client privilege is the strongest privilege protected under law but at times lawyers’ honour it in the breach. In Canada, the Privilege has been elevated to constitutional or quasi-constitutional status in many circumstances. In fact, the Supreme Court has accorded the Privilege stronger protection than most Charter rights because it is not subject to the reasonable limits test of section 1. In the course of researching my book Solicitor-Client Privilege, I came to realize that in Canada the Privilege enjoys higher status and stronger judicial protection than in virtually any other country. That’s why I came to refer to . . . [more]

Twitter permits (nearly) anyone to broadcast their views on whatever is going on around them, whether a recent Supreme Court decision or the latest Taylor Swift album, as soon as the thought pops into their head.

For lawyers with an active Twitter presence (most of whom identify themselves as lawyers in their bios), the line between the personal and professional realm can be blurry. Tweets about cases and developments in the law are readily interspersed with tweets about the Blue Jays’ roster moves and the latest episode of The White Lotus. It’s easy to slip out of . . . [more]

Concerns for the wellbeing of older persons are rarely framed as human rights issues entrenched in age discrimination. This may now be changing after the shocking revelations of maltreatment and excess deaths of older persons in Canadian care homes in 2020.

The abuses exposed in 2020 were predictable consequences of Canada’s longstanding neglect of older persons’ fundamental rights. Decades of efforts by Canadian civil society organizations (CSOs) along with international CSOs, and UN human rights bodies may now be gaining traction in a drive for a United Nations (UN) treaty to spell out and guarantee the fundamental human rights of . . . [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 Oct. 18 – Nov. 16, 2022 inclusive.

Appeals

Bankruptcy and Insolvency: Arbitration Agreements
Peace River Hydro Partners v. Petrowest Corp., 2020 BCCA 339; 2022 SCC 41 (39547)

The civil claim brought by the Receiver on behalf of Petrowest and the Petrowest Affiliates may proceed. Permitting . . . [more]

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 déclaration sous serment de l’appelant n’est pas recevable à titre de nouvelle preuve en appel; elle lui permettrait de préciser la version donnée en première instance et de la bonifier en invoquant une dimension culturelle, soit la méfiance qui serait propre aux immigrants haïtiens à l’endroit . . . [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:a

• Family Lawyer (Full-time) | Langley, BC
  (Waterstone Law Group LLP)
• Senior Conveyancer (Full-time) | Langley, BC
  (Waterstone Law Group LLP)
• Litigation Associate (Full-time) | Vancouver, BC
  (Bernard LLP)

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

It’s often said that the employer-employee relationship is one that can easily reflect a power imbalance, leading courts to look very carefully at the provisions of employment contracts to make sure they are clear and legally enforceable. Recognizing that employers can take advantage of unsuspecting employees by couching unfair conditions in legalese, courts sometimes resort to the principle of contra proferentem to resolve ambiguity in favour of the weaker party. Other times, they will declare portions of the contract void for running contrary to legislation. A recent decision of Ontario’s Superior . . . [more]

Our U. S. midterm elections are almost over and it looks like things will be getting back to a new normal in Washington, DC. During this tense and contentious season my colleagues at the Law Library of Congress continued to publish excellent legal research information guides and other information.

On November 16^th they announced their Human Rights Day Lecture to be held on December 8^th. “This event will feature a panel discussion concerning two foundational legal documents, Magna Carta and the Charter of the Forest.”

On November 7 they posted the November top tips In Custodia . . . [more]

Every semester, upper-year law students in the University of Victoria Faculty of Law’s Business Law Clinic provide free legal information on a variety of business law issues that include, but are not limited to: incorporation, financing, charitable registration, intellectual property protection, partnerships, shareholder agreements, contracts, business liability, taxation, employment relationships, and government regulation.

The Clinic’s services are available to anyone in British Columbia who needs information related to a business law question, regardless of their income or business experience. Each client has one or two students assigned to their file. The students interview the client, help identify the client’s legal . . . [more]