Very few lawyers in modern law firms devote much attention to whether their firm will still be around a generation from now. They’re far more focused on the next hour to be billed, the next call from the client, and the next round of draws and bonuses. They’re immersed in today, and as far as they’re concerned, tomorrow — and the law firm — can take care of itself.

But if you’re taking the time to read this column, then you’re different. You’re one of the few people giving serious thought to whether the firm will still be around in . . . [more]

There’s much to say about the so-called “truckers freedom convoy” camped in Ottawa since January 29th. Its namesakes have also spent time in other major cities in Canada (right now the serious problem is in Ottawa), as well as at the Coutts, Alberta border with the United States. Those involved in the convoy and their supporters call it a “protest or demonstration by patriotic Canadians” (or, indeed, their organizers have touted a “revolution” or extra-election removal of the current governmental system); those affected or otherwise concerned about it call it an “occupation, blockade or siege” or described it as “sedition”. . . . [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

Fonts: The Forensic and the Forward-Looking
Neil Guthrie

First, the forensic. In Re McGoey, 2019 ONSC 80, a bankrupt argued that two properties had been placed in trust for his children in 1995 and were not part of the assets available to his creditors in 2018. … . . . [more]

Last month, the Washington Post ran a story about the abrupt removal from a form sent “to thousands of judiciary staffers who work for federal judges” of a question regarding workplace misconduct. An official quoted in the story characterized the initial inclusion of the question as “an unfortunate administrative error.” Before the question was removed, however, “34 of about 40 employees — nearly everyone who responded — indicated that they had observed some form of inappropriate behavior.” While the small sample size, and reported concerns about the broad wording of the question, make it inappropriate to draw definitive conclusions from . . . [more]

The greatest strain on the justice system during the pandemic is arguably on housing claims, given the cascade effects that unemployment and financial instability has had on tenancies.

Without a constitutional basis for undue delays in this area like in criminal law, some of these matters have been languishing even longer than usual.

One of the long-standing debates in this area of law has been whether a property manager can act as an agent on behalf of a landlord. This has become particularly important in Ontario since 2008, when paralegals became regulated and licensed by the law society.

The Law . . . [more]

One Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all Appeals, Oral Judgments and Leaves to Appeal granted from January 1 to February 4, 2022 inclusive.

Oral Judgment

Criminal Law: Arrest; Strip Search
R. v. Ali, 2020 ABCA 344, 2022 SCC 1 (39590)

Moldaver J. (Brown, Rowe and Jamal JJ. concurring): “Mr. Ali appeals as of right to this Court. A majority of the . . . [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) : Les incitations, les contraintes et l’exploitation des faiblesses de l’accusée par les policiers étaient puissantes et elles entachent sans équivoque la fiabilité de l’aveu obtenu au terme d’une opération de type Monsieur Big; l’effet préjudiciable de recevoir en preuve l’aveu l’emporte nettement sur la valeur probante de . . . [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:

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

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

The process of accommodating an employee with a disability can be a long one that is fraught with possible hurdles along the way. While the employer makes the ultimate decision about what a reasonable accommodation consists of, the union and employee have roles to play, as well. Primary among the employee’s responsibilities is the sharing of relevant medical information with the employer. When communication breaks down and the employer is left without the information it needs to explore possible solutions, arbitrators will take a hard look at the employee’s contribution. If, . . . [more]

We are very happy to announce that the National Self-Represented Litigants Project has opened an East Chapter (NSRLP-E) to serve and advocate for the needs of self-represented litigants (SRLs) in Atlantic Canada. While we have only just begun the Project, our staff and students have been preparing directories of services for all the Atlantic Provinces, primers, public legal education materials, and case summaries.

Importantly, our students are hard at work reaching out to SRLs and writing reports that will help guide our work on the needs and experiences of SRLs in Atlantic Canada.

For example, one of our researchers recently . . . [more]

CaseLines is being used in most court proceedings in Ontario. It is a technology that many counsel struggle with using. In the decision Bowman v Uwaifo, 2022 ONSC 678, Justice Myers provides advice on using CaseLines.

Below, I have summarized his recommendations in point form.

1. Know the CaseLines page number for all documents uploaded to the platform. Counsel and litigants are expected to refer the court to documents using the page numbering in CaseLines. “All you have to do is tell the judge, ‘please go to page A100 or B-1-189’ and the judge can open the correct page

Over the past few years, the precipitous fall of Hong Kong seems to be a saga no one wants to stick around to see the ensuing episodes. Widespread censorship, crackdown on press and academic freedom, and backlash on dissenting voices are enforcing a total takeover of Beijing over the city. Xi Jinping is making clear that the special administrative region will not escape his dictatorial and authoritarian vision of government and the world. Nowhere is this repression more acute than in the Hong Kong universities that were pivotal in giving the city its internationally renowned intellectual and academic . . . [more]