I was speaking with a colleague the other day who was celebrating a significant wedding anniversary. For fun we started looking up the modern vs. traditional anniversary gifts. As I’m sure you can imagine, they vary! But as much as we may like the gift to celebrate the moment, it is the sentiment that is really important.

Milestones and anniversaries should be fun. In our world, law firms have special histories that should be celebrated. Milestones also offer an opportunity to look forward.

For a firm celebrating a milestone, the first questions to ask is who do we want to . . . [more]

In Basaraba v Bridal Image Inc., 2021 ONSC 8038, the defendants brought a motion for summary judgment to have a “slip and fall” case dismissed. The defendants lost the motion. In writing his decision, Justice Dunphy provided guidance on best practices for motions, as set out below:

• To convince a court to hear a partial summary judgment motion, the party must show:

(i) Demonstrate that dividing the determination of this case into several parts will prove cheaper for the parties;

(ii) Show how partial summary judgment will get the parties’ case in and out of the court system more . . . [more]

I live in Etobicoke, Toronto’s western suburb. We used to have our own courts, right here in the west end. There were family and criminal courts at 40 East Mall, and a Landlord Tenant Board outpost on Dundas Street West. Just over the Humber River, in the original City of Toronto, there was a Small Claims Court on Keele Street (pictured above). People asserting civil rights, or facing criminal charges, could visit a courthouse in their own community.

Nowadays, there isn’t a single physical court or tribunal of any kind in Etobicoke. To get to a family court or small . . . [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. S.W.-S. v. R.S., 2021 ONCJ 646

[65] In determining a suspension of face-to-face contact the court must assess the medical vulnerabilities of children in the home, the ability of the parents to follow COVID-19 health protocols and the risk to the child of diminishing their relationship with one parent. See: C.L.B. v. A.J.N., 2020 ONCJ 213. The court must balance . . . [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

Permitting and Permissioning
Neil Guthrie

Related, and problematic. Permit as a noun meaning ‘licence’ is totally fine (In Canada, we require owners of guns to have permits), as is the verb form when it means ‘to allow’ (Smoking is not permitted). … . . . [more]

Fear of not having enough files, status, or money underpins many recurring woes that arise in legal practice.

Is either of these scarcity mindset challenges showing up for you or a partner at your law firm?

You are constantly buried in too much work. Clients are clamoring for attention. You feel like you are on a hamster wheel of deadlines and stress.

You cycle through associates who burn out dealing with your last-minute emergencies and leave your firm.

Still, you worry: “I can’t turn away work; what if I don’t get another file?”

Having too many clients and work and . . . [more]

There have been some recent legal developments that compel us to consider the role and responsibilities of judges in cases involving family violence. First, amendments to the Divorce Act, RSC 1985, c 3 (2nd Supp), came into effect in March 2021 and the Act now stipulates that family violence is a factor relevant to the best interests of the child. Family violence is finally recognized federally as germane to judicial decisions on parenting, though it is not explicitly recognized as relevant to whether negotiated settlements are an appropriate expectation, which has important implications for the judge’s role in . . . [more]

At the close of proceedings, especially contentious ones, parties often experience a form of buyer’s remorse, especially when they realize the discounted costs they may be entitled to, and the remainder they are still responsible for. Litigation can also be time-consuming, exhausting, and emotionally draining.

Responsible counsel often provide these warnings up-front, to set realistic client expectations, and sure that a mutual understanding around services are agreed upon, and hopefully reduced in writing. Some proceedings especially stand out as particularly futile, especially when characterized as such by the presiding judge.

Justice Dunphy recently released a decision in TSCC 2204 v. . . . [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 soins requis par l’état de santé nécessitent l’emploi intentionnel d’une certaine force qui, sans le consentement de la personne elle-même ou de son substitut, constituerait des voies de fait en raison de la définition large qui figure à l’article 265 (1) C.Cr.; en pareilles circonstances, la . . . [more]

“There is nothing we can do right now. Afghanistan’s justice system [has] collapsed [right] now. If we say that Afghanistan’s justice system has collapsed since the Taliban took over, we might not be exaggerating.” said Adnan, a nickname of the person I interviewed with him, chosen for security reasons. He shared these words during our online interview in mid-November 2021. Adnan left Kabul, Afghanistan in July 2020 where he was working as a Legal Advisor with the government of Afghanistan. Through this position and previous ones, Adnan has managed to make quite an impact on law librarianship both inside and

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:

• Real Estate Legal Assistant (Full-time) | Abbotsford, BC
  (Waterstone Law Group LLP)
• Litigation Associate (Full-time) | Vancouver, BC
  (Bernard LLP)
• Policy Counsel – Temporary Position – Conseillère ou conseiller en matière de politiques – poste temporaire (Contract role) | Ottawa,