The point of making ADR more diverse … is that this element of the legal system remains out of touch with the reality of society, the wider workforce, and the legal profession.

Ontario Bar Association Working Group on Neutral Diversity, “Neutral Diversity in Ontario”, March 2022

We have two systems of justice in Canada – the public system of courts and tribunals – and the private system of ADR (mediation and arbitration). The focus of my previous columns has been mostly on the former. In this column I want to turn the focus to the private ADR system.

There are . . . [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

Esports
Neil Guthrie

This is now a thing, as they say. I’m not entirely sure what it all involves, but then I’m not that keen on the non-electronic version of sports. My interest in esports is orthographical, naturally. Why no hyphen (e-sports)? … . . . [more]

I understand that, despite the incessant reports about the amount of investment money being directed at legal technology, it is difficult to sell it to lawyers and their firms. No doubt, there are as many reasons and opinions as there are lawyers, though Hugh Logue, author of Automating Legal Services: Justice through Technology, suggests that “fresh strategies are desperately needed as outdated market assumptions, inflexible sales structures, and sledgehammer products prevent the legal solution market leaders from reaching the lucrative small law market”; some might question just how lucrative that market is. Equally, it is . . . [more]

The Charter‘s right to counsel under s. 10(b) is an often misunderstood and confused right by many members of the public. This confusion likely emerges from unintentional analogies to the commonly cited American case Miranda v. Arizona, 86 S. Ct. 1602 (1966) in television and movies.

The Court did adopt elements that mirrored Miranda rights in the early Charter case of R. v. Brydges, 1990 CanLII 123 (SCC). The Court found that s. 10(b) meant that police have a duty to informed individuals who are detained or arrested of their right to retain and instruct counsel, and . . . [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 preuve permettait au juge de conclure que l’appelant avait tiré profit des vulnérabilités psychologiques de la plaignante et de sa dépendance à la cocaïne pour la recruter, qu’il avait exercé une emprise sur la vie de celle-ci et qu’elle était dans une situation d’exploitation, et ce, . . . [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 Programs and Partnerships (Full-time) | Virtual with a preference for Ottawa or Montreal)
  (CanLII)
• Tax Lawyer – Canadian Sales Tax (Full-time)| Vancouver, BC
  (Thorsteinssons)
• Real Estate Legal Assistant (Full-time) | Abbotsford, BC
  (Waterstone Law Group LLP)

Written by Lewis Waring, Paralegal, Student-at-Law (third year), Editor, First Reference Inc.

In Oostlander v Cervus Equipment Corporation (“Oostlander”), the Alberta Court of Queen’s Bench subtracted an employee’s payments under the Canada Emergency Response Benefit (CERB) program from their entitlement to reasonable notice following their wrongful dismissal. While the 36-year employee’s entitlement to damages after receiving one month of notice was not in question, the Albertan court’s decision to subtract the amount they had received under the CERB program represents a regional answer to an evolving question throughout the country. Whether this Western approach to CERB will emerge into a . . . [more]

Family law has always had a reputation for being soft law, the area that lady lawyers practice, and a pink ghetto. Family law is not easy. There are upwards of 70 pieces of family law related legislation across Canada, to say nothing of the rules of court and process related legislation and skills, financial complexities, and family violence concerns. When no-fault divorce was introduced in 1968[1], lawyers did not specialize in family law. According to Constance Backhouse “most male lawyers eschewed divorce as odious, describing it as more ‘social work’ than ‘real law,’ and expressing reluctance to . . . [more]

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.

Growing a Law Practice During COVID-19. By Gary Mitchell. Toronto: LexisNexis, 2021. xxi, 150 p. Includes bibliographic references and index. ISBN 9780433515661 (softcover) $100.00.

Reviewed by Jenny Thornhill
Law Librarian
Law Society of Newfoundland & Labrador Law Library
In CLLR 47:1

At first glance, one might assume that Growing a . . . [more]

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about.

For this last week:

1. Cornwall (City) v Canadian Union of Public Employees, Local 5734, 2022 CanLII 29360 (ON LA)

[41] ACRs are records of the call from the perspective of the paramedic, wherein she or he documents her or his actions and observations. The ACR becomes part of the patient record, and is shared with any receiving facility to whom care of the patient is . . . [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

‘Why Can’t We Just Use “Sponsee”?’
Neil Guthrie

This question came up in a recent discussion forum for professional development people at law firms. The subject was terminology to describe law students and recently minted lawyers in need of guidance from more senior members of the profession. … . . . [more]

According to the meta description on its website, “[t]he Law Society’s Rules of Professional Conduct (“Rules”) express the high ethical ideals of lawyers, and specify the bases on which they may be disciplined.” To date, and unlike in other jurisdictions[1], this has not included any requirements for basic technological competence. Thus, the current Rules are entirely devoid of the terms ‘computer,’ ‘technology’ or ‘data.’ While the internet is mentioned, it appears only twice, and then, only in relation to advertising. Could this omission, or the failure of the Law Society to test new licensees on technological . . . [more]