Canada’s online legal magazine.

The UN’s Achilles Heel Mires International Action to Halt Aggression and Atrocities in Ukraine

Russia’s unlawful invasion of Ukraine has led the international community to respond with unprecedented speed and intensity. Reactions to this European conflict are in stark contrast with the lack of effective international action to halt ongoing atrocities in Myanmar, Afghanistan, China, and other places. The crisis in Ukraine has also brought to the foreground the limitations of international law and mechanisms to halt aggression and atrocity crimes.

This article summarizes recent attempts within United Nations (UN) bodies to halt the war and atrocities in Ukraine. Also considered are actions in the International Court of Justice (ICJ) and . . . [more]

Posted in: Justice Issues

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.

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

1. Denis v Sauvageau, 2022 ABCA 166

[31] Granting a stay of proceedings pending appeal does not send a message that an appeal has merit. All it says is that there is a serious question to be decided about the contempt finding and that the remainder of the test for a stay has been met. The serious . . . [more]

Posted in: Wednesday: What's Hot on CanLII

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

Use Polls During Student Training
Susannah Tredwell

It’s May, which means (if you happen to be a law firm librarian) it is summer student training time. COVID-19 has meant that a significant amount of training is now offered online rather than in person. Online training has its own set of challenges, one of which includes keeping the participants involved. … . . . [more]

Posted in: Tips Tuesday

Challenging the Status Quo With Style Guides

There is more than one way to approach setting standards for the writing and formatting of documents. An important thing to keep in mind is having a continuous awareness of, and sensitivity to, the use of text within our changing world, and to build style guides as tools that can help reflect our values, rather than a set of rules that never advance.

In my work at CanLII, I’ve had the opportunity to develop a style guide to help meet the needs of our collaborative writing projects. I also think about writing standards in my volunteer work as the associate . . . [more]

Posted in: Legal Information, Legal Publishing

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.The Defence Toolkit 2. Durant Barristers Blog 3. David Whelan 4. Canadian Appeals Monitor 5. Avoid a Claim

The Defence Toolkit
The Defence Toolkit – May 14, 2022

This week’s top three summaries: R v Barrett, 2022 ONCA 355: #provocation, R v Brown, 2022 SCC 18: #automatism,

. . . [more]
Posted in: Monday’s Mix

How Successful Law Firms Really Work

A book has come along that every lawyer who wishes to run a firm at its peak should not only have on his/her shelf but it should be well-thumbed, stained from coffee spills, its cover torn from constant use and sits on the corner of their desk within arm's reach for quick reference. I am speaking of "How Successful Law Firms Really Work" by David L. Ginsberg and Robert A. Feisee, published by the American Bar Association, Law Practice Division
Posted in: Practice of Law: Practice Management

The Milgaard Story’s Importance for the Presumption of Innocence

David Milgaard is reported to have passed away this weekend at the age of 69. He spent 23 years in prison for a rape and murder he did not commit.

Milgaard was convicted in 1970, and spent the ages of 16 to 39 in prison, following the discovery of a nurse’s body in the snowbank. His appeal to the Saskatchewan Court of Appeal was dismissed the following year, and the Supreme Court of Canada refused him leave to appeal. That same year, a pattern of sexual assaults committed by Larry Fisher came to light, which matched the offence in question. . . . [more]

Posted in: Justice Issues, Substantive Law: Judicial Decisions

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) : Étant d’avis qu’il incombe aux tribunaux d’utiliser les moyens fournis par le Parlement afin de s’attaquer au mal sociétal qu’est la conduite avec les facultés affaiblies, le tribunal impose une peine d’emprisonnement de 16 ans à un accusé impliqué dans une collision ayant causé la mort de . . . [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

Use It or Lose It: Trademark Management

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

Businesses that have a registered mark, name or symbol have to properly manage it if they seek to maintain their brand image as a source of economic value and stability. The value of proper trademark management is the key takeaway in the recent Federal Court decision Milano Pizza Ltd. v 6034799 Canada Inc, 2022 FC 425. In that decision, poor trademark management came back to haunt the plaintiff’s pizzeria. . . . [more]

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

Book Review: Cross-Examination: The Pinpoint Method

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.

Cross-Examination: The Pinpoint Method. By Kyla Lee. Toronto: LexisNexis, 2021. 135 p. Includes table of contents and index. ISBN 9780433514329 (softcover) $150.00.

Reviewed by Joanna Kozakiewicz
Reference Librarian
City of Toronto, Legal Services Division
In CLLR 47:1

Cross-Examination: The Pinpoint Method, written by criminal defense lawyer Kyla Lee, is . . . [more]

Posted in: Book Reviews

Indemnity Claims in Federal Court IP Disputes

As a statutory court, the Federal Court only has the jurisdiction provided to it under federal legislation, which includes shared and exclusive jurisdiction in the area of intellectual property. In 2020, the Federal Court of Appeal concluded that the court has jurisdiction to handle contractual issues touching on intellectual property. A recent reported decision has applied this to indemnity claims against third parties.

When determining liability for infringement of patent, trademark and copyright, the intention of the defendant is typically not relevant. A party that uses an infringing product may still be liable for patent infringement even if they merely . . . [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