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

Thankfully, many employers will never have to deal with the aftermath of a physical confrontation that happens in the workplace. But if a fight occurs, the employer is faced with some unique challenges, both in terms of investigating and in meting out punishment to those involved. The recent Ontario arbitration case, Michael Garron Hospital and SEIU, Local 1 Canada (Khan) Re, 2022 CarswellOnt 795, puts these challenges in context and provides a useful precedent to employers who must deal with this unsavoury situation.

Background

Rayard Khan and Michael . . . [more]

Before I became a lawyer, I had this naive T.V. inspired understanding of the justice system. Anyone who went to court had a lawyer to advocate for them, unless they were nuts or had a genius level intellect, but in either case the gallery would gasp when the self represented litigant announced, “I am representing myself”.

However, the reality I came to know after becoming a lawyer myself is that the majority of people engaging with the Canadian justice system have no choice but to represent themselves at some stage in their legal proceedings.

Since taking on my first family . . . [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. J.N. v. C.G., 2022 ONSC 1198

[26] I won’t belabor the point, because I still have to get to my real job: determining what’s in the best interests of these two children. But the word needs to get out that while the court system won’t punish intolerance, it certainly won’t reward it either.

[27] All parenting issues – including health issues . . . [more]

The task of a [decision-maker] is to find the golden mean, to “decant and simplify,” to synthesize the evidence and make the necessary findings; the task is not to be a court reporter.

Welton v. United Lands Corporation Limited, 2020 ONCA 322

Writing is one thing, but rewriting is the real messy thing.

William Germano, “On Revision: the only writing that counts”

Courts are very good at giving advice to administrative decision-makers on how to write reasonable decisions, but often that advice is too general. In Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 (at . . . [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

An Apostrophe Catastrophe™ From Someone Who Ought to Know Better
Neil Guthrie

Seen in an e-mail from one of the big legal publishers (there are really only two, so that narrows it down; emphasis added): … . . . [more]

At an early point in my career as a librarian, I became exasperated with colleagues who loved teaching legal citation, and I proposed holding a ceremonial burning of some copies of the Bluebook: A Uniform System of Citation at the end of that year of law school. I still believe that our students might find it cathartic to burn their bluebooks just before graduation. Thankfully, my colleague reminded me that book burning is antithetical to the core values of librarianship, and over time I hated citations less as I began to understand them better.

This week I found myself unexpectedly . . . [more]

Nothing has been more divisive or controversial in our lifetime than the COVID-19 pandemic, including the appropriate response, treatment, governmental measures, or what is in the public interest.

The discussions around these issues have been robust, and have occurred with family members, friends, and especially online. On some level, these discussions are healthy, and promote better decision-making in a democracy. But with all expression rights, there come limitations, including words that are defamatory.

These exchanges have perhaps been most pointed within the medical community, the body of professionals we have all turned to for expert insight to medical issues around . . . [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.

CONSTITUTIONNEL (DROIT) : La Loi concernant les enfants, les jeunes et les familles des Premières Nations, des Inuits et des Métis est constitutionnelle, à l’exception des articles 21 et 22 (3), qui ne le sont pas.

Intitulé : Renvoi à la Cour d’appel du Québec relatif à la Loi concernant . . . [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 LLP)
• Real Estate Legal Assistant (Full-time) | Abbotsford, BC
  (Waterstone Law Group LLP)
• Litigation Association (Full-time) | Vancouver, BC
  (Bernard

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

Worker’s compensation legislation has existed in Canada for more than 100 years and can be traced to the work of the Ontario lawyer, politician, and judge Sir William Meredith who, in 1913, tabled the Meredith Report that is seen as the harbinger of the system of worker’s compensation across the nation. One of the key foundational concepts is the principle of no-fault compensation, a historical compromise between workers and employers. According to this principle, there is no dispute about responsibility or liability for the accident, and injured workers receive benefits regardless . . . [more]

Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Legal Data and Information in Practice: How Data and the Law Interact

Author: Sarah Sutherland
ISBN: 9780367649883
Publisher: Routledge
Page Count: 170
Publication Date: January 2022
Regular Price: $52 (softcover)

Excerpt: Chapter 6: Issues with using legal data, sections 6.1-6.7

6.1 Introduction

The increased use of data in the legal system has . . . [more]