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

One would expect that after beating up an older lady while at work, a terminated employee would show remorse for his actions and do whatever possible to get his job back. In United Parcel Service v Teamsters Local Union No. 213, 2021 CanLII 64789 (CA LA), we see the impact an employee’s trash talk about their employer can have on his or her potential reinstatement. After accepting an employee’s apology at face value and offering reinstatement, an employer may uncover evidence showing the employee cannot be trusted, allowing the employer . . . [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. Toronto Transit Commission v Amalgamated Transit Union, Local 113, 2021 CanLII 107805 (ON LA)

13. Labour relations between the parties is always enhanced by the parties reaching agreement over the resolution of their disputes. Absent agreement, disputes are arbitrated. In this matter the TTC has not indicated what its availability is to commence these arbitration proceedings. Indeed, the tenor of the . . . [more]

I looked at all the patent infringement cases started in the Federal Court over a three-year span 2017 to 2019. There were about 140 cases in this group of which about 24% are still pending today including four waiting on trial decisions and five with trials scheduled in 2022. Of the 140 cases, nine have gone to trial.

The following chart tracks the number of active cases from the original 140 that were still active in six month increments. Note that this is somewhat subjective and is based on what appears to be resolution on the merits rather than the . . . [more]

From November 17-19, 2021, the Canadian Institute for the Administration of Justice (CIAJ) will hold a national conference which focuses on “Indigenous Peoples and the Law.”

This event will take place in person in Vancouver and online (though in-person registration has sold out).

The conference will be welcoming some thirty speakers, among which many representatives of Indigenous Peoples across Canada and key players in the justice system. The conference will explore the current state and future of the self-government of Indigenous Peoples in Canada. Vital to the discussion will be the issues of the decolonization of legal institutions, . . . [more]

I’ve long thought that community non-profits play a major role in increasing access to justice — and can play an even more significant role under the right circumstances. In this post, I consider this view in light of a 2020 report on measures to advance the contribution of community-based organizations and an October 28, 2021 Action Committee on Access to Justice in Civil and Family Matters event, “Advancing Community-Based Access to Justice”, involving representatives from four Canadian community-based organizations. . . . [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

Some Thoughts on Punctuation
Neil Guthrie

If you find you use a lot of semi-colons, there’s a good chance your sentences are too long. Break things into smaller units, especially for readers using a small screen. … . . . [more]

Samantha has a presentation coming up and wishes she felt more confident. She worries about getting asked questions and not knowing the answers. She is all too aware of how little she knows about the topic.

Tom is heading into a meeting with senior counsel, who has asked him to report on his progress and feels nervous and self-doubting.

In law, it can seem as though confidence is a professional requirement. There is an expectation that you will have the answers. It can also seem like everyone around you feels confident, and you are the odd one out.

Here’s what . . . [more]

Before the pandemic, many lawyers may have longed for more flexible time, and the ability to work more from home.

The past year and a half may have challenged those professed goals, especially for those who have other responsibilities or distractions in the home. Working from home does not necessarily mean more personal time, and it does not necessarily mean that there will be less work.

As lawyers slowly make their way back to the office, they’re also revisiting the perpetual struggle to find enough time for self-care and care of others. One of the ideas that has started to . . . [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) : Le tribunal conclut que le cumul des agissements de la poursuite et de l’Unité permanente anticorruption dans le cadre du procès de l’ex-maire de Terrebonne Jean-Marc Robitaille a porté atteinte à la probité du système judiciaire de façon si outrageante que seul l’arrêt des procédures permet 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:

• Litigation Legal Assistant (Full-time) | Chilliwack, BC
  (Waterstone Law Group)
• Junior/Intermediate Solicitor (Full-time) | Vancouver, BC
  (Owen Bird Law Corporation)
• Corporate Tax Lawyer (Full-time) | Vancouver, BC
  (Thorsteinssons LLP)
• Senior Conveyancer (Full-time) | Chilliwack, BC
  (Waterstone Law Group)
• Corporate Services

Soquij and Slaw continue the vision of Jules Deschênes

Legal Separatism in Canada

In 1979 I was introduced by Simon Chester to Jules Deschênes, Chief Justice of the Superior Court of Quebec, who wished to discuss the role that English language legal publishers such as Carswell could play in addressing what he called “legal separatism in Canada”.

His thesis was that “Quebec has shown the willingness and the ability to contribute to the building of […] a national scheme of federal law, but the legal community of the rest of Canada has, by and large, closed itself off and away . . . [more]