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 jugement de première instance est entaché d’erreurs de principe, notamment en ce qui concerne la participation de la victime âgée de 13 ans aux activités sexuelles ainsi que l’abus de confiance commis par l’accusé; par conséquent, une peine de 15 mois d’emprisonnement est substituée à la . . . [more]

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

Clarity of language is perhaps the most important part of writing a good contract. In the employment world, the slightest uncertainty in a termination provision can and often does lead to costly litigation to determine how much money should change hands. In 2022 ABCA 220 (CanLII), the Court of Appeal of Alberta helped the parties interpret a provision providing for “60 days or more” notice of termination, holding that the ambiguity inherent in it meant that it should be interpreted in the employee’s favour. . . . [more]

In the movie Marriage Story, Nicole (Scarlett Johansson) and Charlie (Adam Driver) are divorcing. They have a young child, and the main issue is the child’s parenting arrangements. In the movie, Charlie is the more reluctant spouse, and he has finally booked a consultation with a lawyer. When he arrives at the law firm, he is told by the receptionist that the lawyer he was there to meet cannot see him because Nicole already did. The lawyer has been conflicted out. It turns out that Nicole has met with several lawyers, at her sister’s insistence, before finally retaining the lawyer . . . [more]

In the article, “Trial by Internet: A Randomized Field Experiment on Wikipedia’s Influence on Judges’ Legal Reasoning”, the authors Neil Thompson et al conducted a study to see if Wikipedia plays a part in judgment writing. The authors found that “the information and legal analysis offered on Wikipedia led judges to cite the relevant legal cases more often and to talk about them in ways comparable to how the Wikipedia authors had framed them”.

The study was conducted by creating 154 Wikipedia articles on Irish Supreme Court cases. “The process of creation was done in three waves. After . . . [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. AlumaSafway Inc. v Certain Employees of AlumaSafway and United Brotherhood of Carpenters and Joiners of America, Local Union No. 1325, 2022 CanLII 76637 (AB LRB)

4. The Board finds the anonymous letter, and the Employees’ concerted refusal to accept overtime shifts for the purpose of compelling the Employer to agree to terms . . . [more]

INTRODUCTION

At the outset of the Covid-19 pandemic, elders living in long-term care homes suffered a major burden. They experienced a disproportionately high number of deaths from the virus. This was not only because they were older, but also because of the conditions existing in the homes, some of which preceded the pandemic, but others of which reflected inadequate pandemic practice. Once again, through Bill 7, More Beds, Better Care Act, 2022, elders are potentially sacrificed in efforts to rescue the Ontario healthcare system. . . . [more]

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, Two With a French Twist
Neil Guthrie

We have borrowed a lot from French and also given a lot to it. Sometimes, however, we each get things a bit wrong (see Guthrie’s Guide for more on this). By way of further example: moral/morale and rational/rationale. … . . . [more]

Cause you’re working/Building a mystery/Holding on/And holding it in/Yeah you’re working/Building a mystery/And choosing so carefully

Sarah McLachlin, “Building a Mystery”

Even lawyers will quickly flip (or scroll) to the end of a court or tribunal decision to see how the case turned out. Patient readers of mystery novels never read the last chapter first because much of the pleasure in reading is in the suspense of not knowing the outcome. However, decisions are not mystery novels and there is no purpose in making them suspenseful.

In recent years courts and tribunals have slightly improved their approach, often by putting . . . [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) : Le juge de première instance n’a commis aucune erreur en omettant d’ordonner la préparation d’un rapport de type Gladue avant d’imposer une peine à l’appelant; dans les circonstances, le rapport n’était pas essentiel puisque le juge, qui siège régulièrement à la cour itinérante qui couvre le Nord-du-Québec, . . . [more]