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) : L’infraction d’avoir exercé des activités de lobbyisme sans être inscrit au registre des lobbyistes, en violation de l’article 25 de la Loi sur la transparence et l’éthique en matière de lobbyisme, constitue une infraction de responsabilité stricte dont l’actus reus fait appel au critère objectif . . . [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 Lewis Waring, Paralegal, Student-at-Law (3rd year), Editor, First Reference Inc.

In Benson v Central Health Authority, an employer fulfilled its duty to accommodate despite the negotiated resignation of its employee with a disability. Although the employee’s disability made continued employment impossible, the employer’s reliance upon a well-crafted human rights policy allowed it to fulfill its duty regardless. The employer fulfilled its duty to accommodate ultimately by responding to its employee’s request for accommodation systematically and fairly. . . . [more]

Last year I was interviewed by Dominique Garingan for her dissertation on algorithmic literacy, and thought I would share my thoughts that arose in relation to that conversation with you here too. She also published an article about her dissertation findings in the most recent issue of Canadian Law Library Review: “Advanced Technologies and Algorithmic Literacy: Exploring Insights from the Legal Information Profession“.

Merriam-Webster Dictionary defines “algorithm” as “a step-by-step procedure for solving a problem or accomplishing some end“. Algorithmic literacy, in turn, is the understanding of how computer systems apply algorithms so that users . . . [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. Feltz Design Build Ltd. v. Larson et al., 2021 ONSC 2469 

[53] Consequently, on this record, LPPC breached the trust established by the Construction Act. Counsel for the defendant conceded that the trusts established by ss. 7(2) extend to all amounts received by the owner after the stipulated event has occurred, even if from sources entirely unrelated to the property . . . [more]

In most cases, privacy and confidentiality are recognized as important benefits of mediation and arbitration, but they are not unconditional.

In a recent family law case, the Supreme Court of Canada has again reminded us that there are limitations to the confidential nature of mediation. In particular, mediation communications may be disclosed to prove the existence and terms of a mediated settlement.

Association de médiation familiale du Québec v. Bouvier, 2021 SCC 54, involved a dispute between former spouses over a number of separation, child custody and support issues. In Quebec, the provincial government makes mediation widely available . . . [more]

Most legal research is done online through a combination of open and subscription databases. Legal information is available at our fingertips through Justice Laws, LEGISinfo, CanLII, Westlaw, Lexis, ProView, SOQUIJ, [insert your preferred database here], and the list goes on. The availability of electronic resources has radically changed—and will continue to change—the way legal professionals conduct research. However, despite my enthusiasm for the improved accessibility and retrievability, I think the lack of engagement that new legal researchers have with print resources creates comprehension issues. The disconnect between a source’s print and electronic formats reduces their understanding of the process used . . . [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

Social Media
Neil Guthrie

Increasingly, I’m seeing this with a singular verb: Social media is …, Social media has … While the phrase can logically be regarded as a singular concept encompassing different components (LinkedIn, Twitter and their ilk), I still don’t like it. . . . [more]

Running a business is tough, but it’s even tougher with competition. One of the worst kinds of competition can come from a former employee.

Some employers have tried to limit this risk through the use of what is called a non-competition clause, a provision in an employment agreement that bars a former employee from running a business in competition with their former employer.

The common law has generally disliked the use of non-competition clauses, and as far bas as 1894, the House of Lords stated in Nordenfelt v Maxim Nordenfelt Guns and Ammunition Co Ltd,

The public have an

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) : Estimant que les objectifs de dénonciation et de dissuasion doivent primer dans les circonstances du meurtre de la «fillette de Granby», le tribunal fixe à 13 ans le délai préalable à la libération conditionnelle de la belle-mère de l’enfant.

Intitulé : A c. R., 2021 QCCS 5540 . . . [more]

The specialized knowledge and training of lawyers is supposed to make them uniquely positioned to engage in the practice of law. But it also underlies a fundamental assumption about the workings of litigation — that lawyers work with and against other lawyers who are equally trained and well-matched. Such an assumption underscores the functioning of the adversarial system, the ethical duties of lawyers operating within it, and the legitimacy of the outcomes reached in the adversarial system.

However, the validity of this operative assumption may be undermined by certain practical realities — whether most lawyers in the adversarial system are . . . [more]