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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

Problem Verbs (And Gerunds)
Neil Guthrie

Problematic because they are newfangled and ugly. Error: Seen in a recent lawyer blog post: The court errored when … Nope. It erred or made an error. To paraphrase the poet, to err is human; to error is unforgivable. … . . . [more]

Posted in: Tips Tuesday

New Animal Law Research Guide From the University of Toronto’s Bora Laskin Law Library

The University of Toronto Bora Laskin Law Library, in partnership with Professor Angela Fernandez and Animal Law Research Associate Sam Skinner, is proud to announce the launch of the Animal Law Research Guide, a resource for those researching Canadian animal law. The Animal Law Research Guide seeks to provide a collection of secondary sources as well as primary legislation in the field of animal law.

While the Animal Law Research Guide provides a collection of Canadian animal law resources, the Brooks Animal Law Digest Canada Edition provides up-to-date information on developments in Canadian animal law. Published twice . . . [more]

Posted in: Education & Training: Law Schools

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. BC Estate Litigation Blog 2. IP Osgoode 3. Le Blogue du CRL 4. Know How 5. Double Aspect

BC Estate Litigation Blog
B.C. Case Comment: Applications for Standing to Bring Claims on Behalf of Estate Against Executor

What happens if you are a beneficiary and you believe

. . . [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 April 14 – May 18, 2022 inclusive.

Oral Judgments

Criminal Law: Delay
R. v. Safdar, 2021 ONCA 207; 2022 SCC 21 (39629)

Brown J.: “The appellant, Syed Adeel Safdar, was tried for offences related to the abuse of his wife. At the conclusion of evidence . . . [more]

Posted in: Summaries Sunday

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): Les appels de Tony Accurso sont rejetés; la Cour confirme les déclarations de culpabilité résultant de la participation de l’appelant à un système de collusion et de corruption au sein de la Ville de Laval ainsi que les peines d’emprisonnement respectives de 30 et 48 mois prononcées en . . . [more]

Posted in: Summaries Sunday

In-Person Conferences: Will You Show Up?

I have been told the CBA Immigration section is the most active of all the sections within the CBA. For years, the highlight for this section has been the CBA Immigration Law Conference where we regularly see 400 to 500 practitioners descent into a Canadian city to discuss recent policy & program updates from IRCC & CBSA. We review significant caselaw and hear from the lawyers who argued those cases, including lawyers from the Department of Justice who offer their perspective, and we opine (sometimes with vigor) on all the changes we would like adopted. I have been attending these . . . [more]

Posted in: Education & Training: CLE/PD, Practice of Law: Future of Practice, Technology: Office Technology

Don’t Let These Ten Stumbling Blocks Push You Out of Law

Ever wondered, “why did I become a lawyer? Maybe a career in law isn’t for me?”

You aren’t alone. We all question our decisions from time to time.

A career in law isn’t one thing. It’s not one skill set. It’s not one specialization. This diversity of options and trajectories can make it such a valuable career choice and a challenging one.

Finding the legal career that fits you may take some effort. It can mean making several transitions. What’s important to know is that this is a process of learning about yourself and, in turn, learning about what will . . . [more]

Posted in: Practice of Law

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

Biting the Hand That Feeds: The Problem of Sick Leave Abuse

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

Sick leave abuse is notoriously hard to catch. As a form of workplace fraud, one such incident can rupture the trust at the centre of even a long-standing employment relationship, prompting the employer to emphasize deterrence over rehabilitation when it imposes discipline. An Ontario arbitrator recently considered the plight of an employee who wrongfully entered a pandemic leave program that was designed to help facilitate isolating at home when required. When his ulterior motives came to light, even his long period of service could not tip the scales in favour of . . . [more]

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

Factors to Consider When Bringing Your Next Civil Motion

“A lean compromise is better than a fat lawsuit”. – George Herbert

In Dalquee v Gandhi, 2022 ONSC 3521, the defendant brought a motion to strike the claim of the plaintiffs, without leave to amend. The relief was granted in part. The claim was struck. However, Justice Myers granted leave to the plaintiffs to deliver a fresh as amended statement of claim.

In reaching his decision, Justice Myers noted factors to consider when bringing a motion:

  • Civil litigation is about money. It is expensive and fraught with risk.
  • If the plaintiffs chose to draft the claim on
. . . [more]
Posted in: Practice of Law

Wednesday: What’s Hot on CanLII

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 most-consulted three English-language decisions were:

1. Public Health Sudbury & Districts v Ontario Nurses’ Association, 2022 CanLII 48440 (ON LA)

44. The impact of this decision is that the grievor must demonstrate that she has a practice or belief, that has a nexus with her creed, that calls for a particular line of conduct, here the decision to . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Expanding Online Access to Procedural Resources for Self-Represented Litigants

Procedural resources are vital for the prosecution of cases before courts and tribunals. These resources range from case-relevant legislation – including the legislation establishing the court or tribunal – to the rules of procedure and decided cases of the court or tribunal. They ground arguments, and guide and assist lawyers in making compelling cases. Claims can fail or succeed depending on the procedural resources available and accessible to litigants. Fairness dictates that these procedural resources be readily available to all litigants who need them, not just to lawyers.

Litigants represented by lawyers have little-to-no worries regarding these procedural tools. Their . . . [more]

Posted in: Justice Issues

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