Canada’s online legal magazine.

The Queen Is Dead but Her Courts Live On

While searching for cases in Saskatchewan, I came across this CanLII entry:

Duzan v. Glaxosmithkline, Inc., 2009 SKQB 230

Court of King’s Bench for Saskatchewan — Saskatchewan

2009-06-16 | 3 pages | cited by 4 documents

designated — defence — expires without it being delivered — application — time

There are others; I don’t know how many.

In 2009, the court was the Court of Queen’s Bench, and its name was not retroactively changed on Her Majesty’s death; the effect of her death is prospective only.

I have no idea what CanLII did to cause this change to be . . . [more]

Posted in: Legal Information: Publishing, Substantive Law

Thoughts on the New Lexis+ Brief Analysis Tool: For Law Students and Novice Researchers

New academic year; new legal research tools. Something new always comes out right as another cohort of students is gearing up to begin their law degree. And, as with many new product launches these days, “artificial intelligence” is often a prominently displayed term with accompanying materials. As legal publishers continue to launch AI-driven research tools in Canada, what do students and other novice researchers need to know to be prepared for their first forays into legal research?

Lexis recently launched the latest version of their legal research platform, Lexis+ Canada, for Canadian law schools. It features significant updates that employ . . . [more]

Posted in: Legal Information

Adaptive Technologies for the Visually Impaired in the Law Library

This submission is part of a column swap with the American Association of Law Libraries (AALL) bimonthly member magazine, AALL Spectrum. Published six times a year, AALL Spectrum is designed to further professional development and education within the legal information industry. Slaw and the AALL Spectrum board have agreed to hand-select several columns each year as part of this exchange. 

When I was first asked to write an article on technology for the visually impaired and its role in legal research, I confess that a small part of me flinched inside. I wondered what I could say that would . . . [more]

Posted in: Legal Information

Tips Tuesday

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on practice, research, writing and technology.

Research & Writing

Confusing Pairs
Neil Guthrie

We haven’t done these for a while, so here goes. Classic/classical: Over time, these have been used interchangeably to some extent, but they are now best kept separate – and more or less as follows. … . . . [more]

Posted in: Tips Tuesday

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. Michael Geist 2. Library Boy 3. Family Health Law Blog 4. Crossroad Family Law Blog 5. The Lean Law Firm 

Michael Geist
Why the Online News Act is a Bad Solution to a Real Problem, Part Four: Undermining Canadian Copyright Law and International Copyright Treaty Obligations

The

. . . [more]
Posted in: Monday’s Mix

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.

PÉNAL (DROIT) : Le droit à une enquête préliminaire est déterminé en fonction de l’état du droit à la date de la commission de l’infraction alléguée et il est acquis au moment où l’accusation est portée pour la première fois devant un tribunal.

Intitulé : Archambault c. R., 2022 QCCA . . . [more]

Posted in: Summaries Sunday

Suggestions for Lawyers Taking Family Law Cases to Mediation

It’s usually a relief when opposing counsel agrees to take a file to mediation. Not only do you gain more control over the outcome under less pressure, you get to shrug off a lot of the anxiety litigation provokes, at least for the time being. However, going to mediation doesn’t mean that your job is done. You’re still your client’s advocate and inadequate preparation will jeopardize the chances of settlement. You also need to support the mediation process itself, which will require you to walk a fine balance between supporting your client and supporting the resolution everyone wishes to achieve. . . . [more]

Posted in: Practice of Law

The Toughest Job in the UN: The High Commissioner for Human Rights

The role of the United Nations (UN) human rights chief is under intense international scrutiny after the long-awaited release of a strong report on grave human rights violations in China’s Xinjiang Uyghur Autonomous Region. On 8 September, a new UN High Commissioner for Human Rights (UNHCHR), Volker Türk, was appointed to assume the role after Ms. Bachelet’s four-year term ended at midnight on 31 August 2022.

The transition to the new High Commissioner offers an opportunity to reflect on what has been described as the UN’s toughest job, some even wondering if it is impossible. The High Commissioner is . . . [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

Uncomfortable Situation a Punishable Offence Says Arbitrator

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

A recent British Columbia arbitration case provides employers several kernels of wisdom respecting the investigation and punishment of conduct that violates a respectful workplace policy. Largely centered on the witnesses’ credibility, 2022 CanLII 60943 (BC LA) is a case that employers can turn to for guidance when dealing with such uncomfortable situations. . . . [more]

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

Book Review: Indigenous Legal Judgments: Bringing Indigenous Voices Into Judicial Decision Making.

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.

Indigenous Legal Judgments: Bringing Indigenous Voices into Judicial Decision Making. Edited by Nicole Watson & Heather Douglas. New York: Routledge, 2021. xviii, 323 p. Includes table of contents and index. ISBN 9781032004815 (hardcover) US$155.00; ISBN 9780367467456 (softcover) US$48.95; ISBN 9781003174349 (eBook) US$44.05.

Reviewed by Peter Aadoson
Counsel, Judicial Education
National . . . [more]

Posted in: Book Reviews

Software and Patent Infringement

Establishing patent infringement can be difficult at the best of times but when the technology alleged to infringe a patent is primarily software, there can be extra hurdles for the patent owner. Some recent court decisions reveal some of those challenges.

To prove infringement, a patentee has to show that the activities of the defendant fall within the scope of the claims of the asserted patent. Photos, and engineering drawings or even samples of the product can be used to prove the features of the product or process at issue.

When the patent relates to a particular a software implementation . . . [more]

Posted in: Intellectual Property

3li_EnFr_Wordmark_W

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