For a while during the pandemic, online hearings were the only option for courts and tribunals. Justice was done on Zoom, or else it wasn’t done at all.

Now, as we emerge from the age of Covid (knock on wood!), online vs. in-person is a recurring controversy across Ontario’s justice sector. After the Superior Court of Justice ordered most contested family law matters to return to court, a group of family bar lawyers organized in defence of the online option. By contrast, the Landlord and Tenant Board is insisting on fully online practice, while the Advocacy Centre for Tenants Ontario . . . [more]

Lately, there has been an explosion of court documents being rejected from filing. Reasons for rejection are numerous. There is almost no discernible pattern. Reasons include, but are not limited to:

• failure to provide a back page,
• submitting documents separately when they should be combined,
• failing to have a witness to an electronic signature (not to be confused with a commissioned document),
• a form is missing,
• information is missing on the form,
• disapproving of the affiant’s signature, and so forth.

It is speculated that the change in staffing at the courts is the cause for the increase in rejections. (E.g. . . . [more]

This for you who don’t love the law. You often wonder if you should do something else, if you chose the right career path, if you have wasted a big chunk of your life as a mercenary of justice. If you divvy up your time the way you want to, your priorities would be ordered from highest to lowest: family, travel, exercise, beach, reading, work, Netflix. But an accounting of how you actually spend your time shows your priorities are backwards, starting with work and work-friends, then moving on to Netflix and sports-watching, and last and least, family. Reflecting on . . . [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.

For this last week, the most-consulted three English-language decisions were:

1. O’Chiese First Nation v DLA Piper (Canada) LLP, 2022 ABCA 197

[11] In this unusual situation, we must assume that the Minister of Justice worded his Order to address a widespread sweep of time limits and limitation periods necessary for the operation and effectiveness of scores of statutes and associated regulations, including the Rules. Moreover, . . . [more]

For many, creating content can seem like an intimidating task. With over 130,000 lawyers in Canada, finding a way to stand out is imperative to building a book of business. Creating content is a tool all lawyers have available to them but very few know how to strategically include content creation in building their profile and, in turn, their book of business.

If you use content creation to build your profile, one of your key goals should be in anticipating what client wants to read next, and how to get your expertise out to that network. For marketing, providing information . . . [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

Neil Guthrie

The slash is more correctly called the solidus, the oblique or the virgule. We see it in URLs all the time. It is much older than the interweb, of course. … . . . [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 requête en arrêt des procédures de Marie-Josée Viau est rejetée; celle-ci n’a pas démontré une inconduite de l’État en lien avec le rôle joué par l’agent civil d’infiltration dans le contexte de l’enquête ayant conduit à sa condamnation pour les meurtres des frères Falduto.

Intitulé : R. . . . [more]

I recently attended “Greener Arbitrations: The Path Towards Carbon Neutrality”, a webinar organized by the North America Committee of the Campaign for Greener Arbitrations (CGA-NA).

I was so impressed by their project that I immediately signed their green pledge. I also signed the green pledge endorsed by the World Mediators Alliance on Climate Change (WoMACC).

The pledges themselves are fairly simple. They encourage the use of technology to avoid unnecessary travel to hearings and meetings, and use of electronic documents instead of paper. When travel is necessary, they encourage use of more environmentally friendly transport and meeting facilities. And . . . [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:

• Director of Litigation Practice (Full-time) | Hybrid work available in offices located in Vancouver, Toronto, Ottawa, Calgary, and Nova Scotia
  (Ecojustice)
• Civil Litigation Lawyer (Full-time) | Red Deer, AB
  (Chapman Riebeek LLP)
• Director of Public Prosecution Service (Full-time) | Halifax,

On December 6, 2021, Gap Inc. (Gap) entered into an undertaking under Canada’s Anti Spam Law (CASL) to address allegations that it violated CASL.^[1]

The undertaking resolves the allegations against Gap and its subsidiaries Banana Republic and Old Navy. Alleged were that Gap (and its subsidiaries) had sent commercial electronic messages without the consent of the recipients. A further allegation was that the messages did not include an unsubscribe mechanism that could be readily performed.

The terms of the undertaking require Gap to commit to updating its compliance program addressing the sending of commercial electronic messages. Elements of a . . . [more]

I provide a wide range of services to law firms, so I can always tell what’s happening in the industry by the run on certain types of services.

Sometimes I seem to do nothing but coaching; lawyers wanting to improve their personal skills in a range of business areas. Other times, it seems that everyone wants to sell their firm. We’re sort of in the middle of that right now. But the real push this year so far has been for strategic plans. Normally, each plan looks completely different because each law firm is different. They are in different stages . . . [more]