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. R. v. Sparrow, 1990 CanLII 104 (SCC), [1990] 1 SCR 1075

There is no explicit language in the provision that authorizes this Court or any court to assess the legitimacy of any government legislation that restricts aboriginal rights. Yet, we find that the words “recognition and affirmation” incorporate the fiduciary relationship referred . . . [more]

The annual meeting of the International Conference of Legal Regulators, held in Chicago this year, was a terrific event with eye-opening panels and thought-provoking speakers. The consensus theme was that extraordinary change is occurring on multiple fronts in the legal world, creating huge challenges for the regulation of legal services, but also real opportunities to reshape this landscape for the better.

Here are 10 observations from the two-day meeting. Some of these insights are from speakers and audience members, others are my own. All of them point to a very different future for legal regulation, one that’s coming our way . . . [more]

Online Dispute Resolution (ODR) has gained credibility lately, due largely to a combination of pandemic limitations on in-person dispute resolution and rapid strides in online technology. But it is the product of more than 20 years of steady development and advocacy.

I was reminded of this reading a pre-publication copy of ODR: Yesterday, Today, Tomorrow, an engaging collection of individual articles by Colm Brannigan and Marc Bhalla that explores the history, current state and future prospects of ODR. The book assembles materials each author has created over the years, including Master of Laws (LLM) research – Brannigan in 2003; . . . [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.

RESPONSABILITÉ : En tout temps entre le 18 mars 2012 et le 22 juin 2016, soit la date de l’amendement législatif ayant relevé Air Canada de son obligation de maintenir les centres d’entretien et de révision d’aéronefs à Montréal, à Mississauga et à Winnipeg, l’entreprise a agi en violation de . . . [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:

• 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 Law Group LLP)
• Litigation Associate (Full-time) | Vancouver, BC
  (Bernard LLP)

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

In a recent ruling, an employer’s application for review of an order to pay was denied after the employer failed to provide the required deposit. The employer had stated it had no ability to pay the deposit due to the COVID-19 pandemic, but the Ontario Labour Relations Board refused to waive the deposit. The employer offered to enter a payment plan, but the Ontario Labour Relations Board also rejected this suggestion. . . . [more]

I have always looked beyond our industry to see what is working in other industries and if there are ways to incorporate their ideas into our practice. Often this means considering other professional services industries but I find that looking beyond what may seem like a natural connection can provide surprising opportunities.

With that let me say, I have been Formula One fan for a long time and it recently struck me just how similar law firms are to F1.

There are 10 teams in F1, with each falling into one of three distinct groups. The leading teams (Red Bull, . . . [more]

Pop quiz!

• What year do wizards come of age in the Harry Potter universe?
• How many syllables are there in a haiku?
• What is the “least random number” according to MIT?
• What are you afraid of if you have heptakaidekaphobia?

Did you get it? That’s right – the answer is the number 17, which is how many years of Clawbies we’re celebrating this year.

While this year we continue our long-standing December tradition of seeking nominations for the Canadian Law Blog Awards, we’ve got to admit this year feels a little shaky, what with the Elon Ego Fest happening over . . . [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. Law Society of Saskatchewan v. Abrametz, 2022 SCC 29 (CanLII)

[137] This Court rightly recognized in Blencoe that inordinate delay — on its own — is a breach of the duty of fairness. In my view, courts should distance themselves from such procedural unfairness by calling it what it is: an abuse . . . [more]

Here at the National Self-Represented Litigants Project, we have spent the past 10 years trying (along with our other research and advocacy work) to provide support and information to litigants who find themselves self-representing in the family and civil justice systems. We have, among other efforts, published a growing collection of “Primers” (plain language guides) for self-represented litigants (SRLs), compiled a list of other organizations and resources that might be helpful to them, and maintained a Directory of lawyers (and other legal service providers) who offer lower-cost and alternative options such as unbundling and coaching. But for a long time . . . [more]

In the legal community within the United States, Alaska has a unique feature. With a population of over 700,000 people and rich in natural resources, the largest state in the country has no law school. This unique situation poses a number of salient issues and challenges which Alaskans have to deal with on a daily basis. Broadly speaking, not having a law school in Alaska affects access and preservation of the state’s legal history and its current development, accessibility to territorial archives, meaningful inclusion of underrepresented voices, knowledge of indigenous peoples’ legal traditions, navigating a complex legal system, remote communities’ . . . [more]