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. Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65

[1] This appeal and its companion cases (see Bell Canada v. Canada (Attorney General), 2019 SCC 66 (CanLII)), provide this Court with an opportunity to re-examine its approach to judicial review of administrative decisions.

[2] In these reasons, we will . . . [more]

When it comes to initial consultations for your firm. The ideal conversion rate for turning initial client consultations into clients is not 100%. It’s counterintuitive, I know. It seems like if a potential client shows up in your office who needs the kind of legal help you provide, that it is some kind of failure if they don’t hire you. It feels bad. Like you’ve been rejected.

That’s the wrong way of looking at it. It’s prioritizing an emotional frame over an analytical one. You’d think we, as lawyers, wouldn’t often prioritize emotions over analysis, but when it comes to . . . [more]

Evidentiary considerations remain critical from the earliest stages of the case so one cannot competently undertake a litigation file without a thorough understanding of the rules of evidence, as interpreted by current case law. This knowledge will allow you to shape the strategy of your civil case and maximize the odds of a favourable outcome, whether or not the matter proceeds to trial.

The law and best practices concerning evidence are continually evolving. As a litigator, it is critical to not just keep on pace but to stay ahead of emerging issues.

Now in its 17^th year, Osgoode’s celebrated . . . [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 demande en déclaration d’invalidité constitutionnelle de la règle de common law établie par l’arrêt R. c. Ladouceur (C.S. Can., 1990-05-31), SOQUIJ AZ-90111050, J.E. 90-905, [1990] 1 R.C.S. 1257, et de l’article 636 du Code de la sécurité routière est accueillie; avec le temps, le pouvoir reconnu . . . [more]

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

The beginning of Prince Hamlet’s soliloquy may have had a nicer ring to it, but the above title captures the essence of the issue in a recent British Columbia decision. In British Columbia (Director of Employment Standards) v. Kwok, [2022], the Court of Appeal sheds light on the limitation period that applies to a determination of the Director of that province’s Employment Standards Branch filed with the Supreme Court registry. Forced to choose between three options, the court settled on the longest one, a 10-year limitation period. As it turns . . . [more]

Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Online Dispute Resolution: Filling the Void Left by Lawyers’ Monopoly on Legal Services and Compelling a Regulatory Reckoning in the Conflict Marketplace

2022 CanLIIDocs 1480

David Rainsberry is counsel at LAWPRO. David completed his Master of Laws degree (LL.M.) in June 2021 and now manages a complex portfolio of malpractice claims in . . . [more]

“I think it’s exciting. Marketing is exciting. Lawyers must embrace it.”
– Tom Curry, Managing Partner, Lenczner Slaght

For legal marketers, building strong, trusted relationships with partners and management is vital to a thriving career. If you’re lucky, you might even work at a firm with a savvy Managing Partner who understands the power of building a dynamic legal marketing function.

Tom Curry is the Managing Partner at my firm, Lenczner Slaght. When I first met Tom, I was immediately impressed by his knowledge and passion for marketing and business development. Tom is a legal marketer’s dream. He is . . . [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. Peters v Atchooay, 2022 ABCA 347 (CanLII)

[65] But regardless of onus, each parent is expected to make full disclosure and bring forward the best available evidence supporting their position on the appropriate Guidelines income for themselves and the other parent. The Guidelines require full disclosure throughout, while s 7.4 of the Divorce . . . [more]

Patent applications are filed, work their way through the patent office, some are granted and after twenty years, they expire. How many patents are actually granted, and now many make it to expiry?

I tracked the 42,000 or so patent applications filed in Canada with a 2001 filing date. All of these patents expired by the end of 2021. Overall, about 43% of the original applications were granted, about 18,000. About 105 were involved in litigation in the Federal Court.

Only about 17% of the original patent applications were granted and still enforceable in 2021 when they expired. About 30% . . . [more]

The Canadian Law Library Review/Revue Canadienne des bibliothèques de droit (CLLR) is currently welcoming article submissions from members of the legal community.

The CLLR is the official publication of the Canadian Association of Law Libraries. It is an open access, online journal published three times per year. Articles typically range from 2,000-4,000 words.

Prior to publication, all submissions are subject to review and editing by members of the Editorial Board or independent subject specialists; the final decision to publish rests with the Editorial Board. Independent peer review is possible if requested by the author. Please view the CLLR style . . . [more]

From across the border, Canadians have been watching the fallout from recent decisions from the United States Supreme Court. In its 6-3 decision in West Virginia v. EPA (West Virginia), released this past summer, the U.S. Supreme Court significantly limited the Environmental Protection Agency’s ability to regulate greenhouse gas emissions.

In this post, we examine the implications of the West Virginia decision: What are the effects of this decision during a global climate crisis? How does the U.S. Supreme Court decision compare to Canadian courts’ treatment of regulatory authority? And more importantly, how do we respond when a . . . [more]