Canada’s online legal magazine.

2022 Year-End Roundup of U.S. and Other Legal Research Information

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 30th Michael Chalupovitsch, a Foreign Law Specialist at the Law . . . [more]

Posted in: Legal Information

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. RT Blog 2. National Magazine 3. Employment & Human Rights Law in Canada 4. Legal Feeds 5. Know How

RT Blog
“Accent translation” software? It’s time to flip the script on linguistic hierarchies

Language discrimination is a harmful reality in many workplaces, and employers need to be

. . . [more]
Posted in: Monday’s Mix

Summaries Sunday: Supreme Advocacy

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]

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

Intimate Partner Violence Is Conduct Unbecoming a Lawyer (Sort Of)

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]

Posted in: Legal Ethics

Indigenous Protected and Conserved Areas Are Vital for Biodiversity, and Much More

From December 7-19, the 15th 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]

Posted in: Justice Issues

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

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