Canada’s online legal magazine.

Book Review: Is Law Computable?: Critical Perspectives on Law and Artificial Intelligence

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.

Is Law Computable?: Critical Perspectives on Law and Artificial Intelligence. Edited by Simon Deakin and Christopher Markou. Oxford; New York: Hart Publishing, 2020. xxi, 320 p. Includes bibliographic references and index. ISBN 978-1-5099-3706-6 (hardback) $130.05.

Reviewed by Tim Knight
Head of Technical Services
Osgoode Hall Law School Library, York University
In  . . . [more]

Posted in: Book Reviews

How to Be a Good Litigation Partner

How to Be a Good Litigation Junior is the title of a CLEBC full-day conference every two years.

This year as I prepared for my presentation, I couldn’t help but think about what I might say if I was invited to a similar conference aimed at senior lawyers: “How to be a Good Litigation Partner.”

Many well-meaning, kind and ethical litigation partners have some blind spots when it comes to their leadership.

Leadership is a learned skill that develops with attention and effort. There are so many books and courses on leadership because it isn’t easy. It is all about . . . [more]

Posted in: Practice of Law

New Tort of Family Violence in Ontario

In Ahluwalia v. Ahluwalia, 2022 ONSC 1303, Justice Mandhane of the Ontario Superior Court of Justice writes about the tort of family violence. In this case, the parties disputed four issues. The four issues were: “property equalization, child support, spousal support, and the Mother’s claim for damages in relation to the Father’s alleged abuse during the marriage”.

In the groundbreaking decision, Justice Mandhane writes at paragraph 4: “On the most contentious issue, the Mother’s claim for damages, I am prepared to award $150,000 in compensatory, aggregated, and punitive damages for the tort of family violence. I recognize that . . . [more]

Posted in: Substantive Law

Wednesday: What’s Hot on CanLII

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. Ontario v. Trinity Bible Chapel, 2022 ONSC 1344

[89] Limits on religious freedom can arise at one of two stages: a) under s. 2(a) itself; and b) under s. 1 of the Charter. Where s. 2(a) is infringed, the government may seek to justify the limit under s. 1 of the Charter. I will come to deal with s. . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Time for Canadian Leadership on the TRIPS Waiver

The World Trade Organization (WTO) is continuing to hold discussions on a proposal for a waiver of intellectual property rights clauses in its Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement that bear on Covid-19 patents, such as medications and vaccinations. India and South Africa first proposed the waiver on October 2, 2020. It was a time within that first year of the pandemic amid great anticipation of Covid vaccinations on the horizon. The waiver represented a hope for a more equitable roll out of preventative treatments for fighting this scourge, without the usual access barriers posed by intellectual property . . . [more]

Posted in: Intellectual Property, Legal Publishing

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

Thanks (Again)
Neil Guthrie

I wrote previously about thank-you (with the hyphen, it’s noun or adjective only – not the actual expression of thanks). Someone I follow on Twitter (@BrendanCormier) identified another problematic usage involving gratitude: thanks in advance, which he calls ‘one of the most insidiously awful phrases in the english language’. … . . . [more]

Posted in: Tips Tuesday

The Thing About Value Is…

The value we create is directly related to how much valuable information we can produce, how much trust we can earn, and how often we innovate.”
– Seth Godin, Author

I have been thinking a lot about value lately. For so many of us, work is busier than ever and our social calendars are finally starting to fill up again. But, as legal marketers, it can sometimes feel like you are doing everything in the world but, accomplishing virtually nothing at all. How does one maximize and demonstrate their value? How can a law firm provide meaningful value to . . . [more]

Posted in: Legal Marketing

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. David Whelan 2. Le Blogue du CRL 3. Lash Condo Law 4. BC Injury Law Blog 5. Avoid a Claim

David Whelan
Goodbye, Old Paint

Today is my last day at the Great Library. It’s been nearly 15 years and I’m long overdue for a change. I

. . . [more]
Posted in: Monday’s Mix

Privacy Around Mandate Letters

Political scientists yearn for the day when party policy has the most significant weight in democratic elections. Instead, snappy slogans and flash ideas usually are more effective at attracting the attention of the electorate.

Still, when a government is elected, they are required to implement ideas through policy. This is usually done in the form of mandate letters to cabinet ministers, which outlines the objectives they will work to accomplish, and the inherent challenges the minister is facing in this role.

In a free and open democracy, should the public have access to these mandate letters? On one hand, the . . . [more]

Posted in: 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) : Le juge a commis une erreur de droit dans l’analyse de la légitime défense puisqu’il n’a pas tenu compte adéquatement du rôle joué par l’appelant au cours de l’incident ni de la nature de ses fonctions, se concentrant plutôt sur le coup de poing porté et les . . . [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

Lawyering in a Family Justice System That Masks Violence

The family justice system masks family violence. There does not seem to be a dominant consideration of safety, including where there is family violence, beyond the best interests of a child analysis giving primary consideration to the child’s safety (see: Divorce Act, RSC 1985, c 3 2nd Supp, s 16(2)). Research shows that lawyers will advise their clients not to raise family violence as an issue, for fear of retribution and because the justice system does not recognize it properly. When women do make claims of family violence, abusers will make counterclaims of alienation (as an excuse for why the . . . [more]

Posted in: Legal Ethics

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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