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

Around and Around Again
Neil Guthrie

I’ve commented on this before, but around is rapidly becoming an epidemic. And one that needs to be contained. Of late, around has been taking the place of better and clearer words like on or about. … . . . [more]

During the pandemic, the federal government introduced several programs to provide financial assistance to those affected by economic lockdowns and business closures. The Canada Emergency Response Benefit program (CERB) provided $2,000 for an initial 4-week period, with an extension to 28-weeks for a maximum of $14,000.

Eligibility for CERB included:

•  individuals residing in Canada;
• who were at least 15 years old;
• who had stopped working or had been working reduced hours due to COVID-19;
• who did not expect to earn over $1,000 in employment or self-employment income for at least 14 days in a row during a four-week period;
• who

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 fait de porter des accusations contre un indicateur de police pour une infraction qu’il a lui-même dévoilée aux policiers, alors que ceux-ci ne lui ont donné aucune explication satisfaisante à propos de l’absence d’immunité, est choquant et susceptible de miner l’intégrité du processus judiciaire.

Intitulé :  . . . [more]

Lexum focus has always been on using the latest technology to automate legal publishing with the goal of improving the cost/benefit ratio of accessing legal information. For this reason, we historically favoured full text search engines over classification systems based on a thesaurus. The manual labelling of judicial and administrative decisions is a labour-intensive process that has traditionally contributed to the high costs of legal publishing. Where large volumes of decisions are rendered, it also makes exhaustive publishing difficult to achieve, justifying the selection of a limited number of “reported decisions.” Lexum has always headed straight in the opposite direction. . . . [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:

• Lawyer (Full-time) | Etobicoke, ON
  (Kostyniuk & Greenside Lawyers)
• Tax Lawyer – Canadian Sales Tax (Full-time)| Vancouver, BC
  (Thorsteinssons)
• Real Estate Legal Assistant (Full-time) | Abbotsford, BC
  (Waterstone Law Group LLP)

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

There has been significant debate in courtrooms and arbitration hearings over the years about the threshold point at which a complainant establishes a prima facie case of discrimination by an employer on the ground of family status. In British Columbia, the law stood to be clarified after that province’s Human Rights Tribunal got it wrong concerning two spouses who worked at a mine and sought scheduling accommodations. The Supreme Court of British Columbia’s decision in Gibraltar Mines Ltd. v Harvey, 2022 BCSC 385 is sure to be cited or read . . . [more]

Suppose that “JM” is a Canadian person, who believes that their legal rights have been infringed. The problem might have arisen at work, at home, with a corporation, or with some part of the government. JM has tried to resolve the matter privately with the other side, but got nowhere. Next, JM did some online research and perhaps spoke to a lawyer. It turns out there is a public body that’s supposed to make decisions, and uphold rights, in disputes like JM’s.

JM brings their dispute to that body. JM wants to be heard, by someone who is competent and . . . [more]

Motions are a common in civil litigation. Despite this, it is still easy to make mistakes. Below are some helpful tips to consider when bringing a motion:

• Before bringing the motion consider whether it is really worth it to bring the motion (consider the upside and downside, e.g. costs to the client, court time, looking unreasonable). See if the issue can be resolved by telephone or a case conference.
• Narrow down the issues for the motion. Be focused. If you can consent on some parts in advance with opposing counsel, then do it.
• Be clear on the relief that you

In my role at the Sir James Dunn Law Library, I help facilitate both the creation and dissemination of scholarly knowledge through law journals. As a result, I have developed many questions and curiosities surrounding scholarly publishing practices. While the larger ones require empirical research, a handful seemed easy to answer based on readily available data. Using the information available on the websites of each peer-reviewed law journal affiliated with and published by a Canadian law school, I answered the following questions:

1. How many peer-reviewed law journals are affiliated with Canadian law schools and published in-house?*
2. How many of these

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. Spirito v. Spirito, 2022 ONSC 1839

[19] The leading case with respect to varying spousal support is L.M.P. v. L.S., [2011] 3. S.C.R. 775. The Supreme Court of Canada sets out the two-step process. First, the threshold in s. 17(4.1) of the Divorce Act regarding the change of circumstance must be met. The change must be a “material one, meaning a . . . [more]

Knowing as much as you can about a client, prospect or industry is fundamental to being successful, yet many lawyers jump at an opportunity before understanding what that opportunity truly is. By putting time into research, the insights gained often reveal keys to a successful strategy.

As marketers, we often speak with lawyers who feel there is a new target client or market that is ripe for business development. Their feelings may be based on a hunch, what other firms may be doing, or information that has been shared with them. They want to jump right in, speak to people . . . [more]