Canada’s online legal magazine.

Libraries and Justis for Law

The UK-based legal information provider, Justis, as was, but now rebranded vLex, having been acquired by the Spanish-based company of that name, seems to me to be one which has been a model of its kind; the acquisition was made in 2019, using, for the purchase, part of a £4.2m loan. Originated as Context, in the mid-1980s, partly in consequence of Thomson having sold Eurolex to Lexis, it has survived changes in ownership. However, it appears to have retained consistency of purpose, a focus on sophisticated and evolving technology and closeness to core markets around the world. . . . [more]

Posted in: Legal Publishing

Friday Jobs Roundup

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:

. . . [more]
Posted in: Friday Jobs Roundup

A Brief Look at Enforcing Restrictive Covenants: A Tale of Two Cases

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

Generally, a contract in restraint of trade is where one party agrees to restrict their liberty in the future to freely carry on trade with others who are not parties to the contract. Restrictive covenants can take different forms, depending on their purpose. For example, non-competition and non-solicitation covenants aim to prevent a departing employee from setting up a competing enterprise with their former employer. A non-acceptance clause may purport to restrain someone from accepting business from a client of a former employer, and a confidentiality clause normally aims to prevent . . . [more]

Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions

A Reminder to Innovators: Change Is About Values and Identity

We know that change is hard, especially when (as it usually does) it involves changing the behaviour of human beings. Can we argue or persuade our way through this kind of change?

According to transformation expert Greg Satell, the answer is a resounding NO!

First, some background. Legal professionals are taught that success depends on sound and logical arguments to persuade the other party(ies) or a decision-maker of the rightness of the client’s position. Most of us are also firmly connected to the need to be “right”. While this approach may suit our adversarial system, it can create a . . . [more]

Posted in: Dispute Resolution

Wednesday: What’s Hot on CanLII

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. Lavallee et al. v. Isak, 2021 ONSC 6661

[34] To succeed on a defence of justification, a defendant is required to adduce evidence showing that the statement was substantially true. The burden is on the defendant to prove substantial truth of the “sting” or main thrust, of the defamation: Bent v. Platnick, 2020 SCC 23, 449 D.L.R. (4th) 45, at . . . [more]

Posted in: Wednesday: What's Hot on CanLII

The Obligation for Constitutional Actors to Act in Good Faith

INTRODUCTION

In this post, I propose that the concept of bona fides, or acting in good faith, be applied to the conduct of constitutional actors. It is not unreasonable to expect that constitutional actors act in good faith towards one another. In this sense, I argue, the bona fides principle is a fundamental element of the rule of law that could serve to invalidate government action, depending on various factors which I discuss below, including the relevance of other principles and rules. A judicial conclusion that an actor had not acted in good faith might, in the balance, result . . . [more]

Posted in: Case Comment, Substantive Law: Judicial Decisions

Tips Tuesday

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

Let’s Table That
Neil Guthrie

What does it mean when you table a motion at a meeting? It depends on where you live. For those in the non-US parts of the English-speaking world, to table means to submit something formally for discussion or consideration. … . . . [more]

Posted in: Tips Tuesday

FACL BC Presents “but I Look Like a Lawyer” Documentary November 5th on Zoom!

Update: The documentary video is now available (and embedded below!)

But I Look Like a Lawyer from FACL BC on Vimeo.

The Federation of Asian Canadian Lawyers of British Columbia (FACL BC) would like to invite all members of the legal community, whether you are a law student, senior member of the bar or a member of the judiciary, to attend the premiere of our documentary, But I Look Like a Lawyer, on November 5th, 2021 at 12:30pm (PST) on Zoom.

FACL BC is a diverse coalition of legal professionals established in 2011. We are an . . . [more]

Posted in: Announcements

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Cannabis & Life Science Law 2. RT Blog 3. Sane Split Podcast 4. À bon droit 5. Library Boy

Cannabis & Life Science Law
Update on Ontario’s Cannabis Curbside Pick-Up and Delivery Regulations

On October 7, 2021, as part of Ontario’s Fall 2021 Red Tape Reduction Package,

. . . [more]
Posted in: Monday’s Mix

Exclusive Jurisdictions of Labour Arbitrators

One of the side effects of the pandemic has been considerably higher movement in the employment sector. In addition to what is being termed “the Great Resignation,” employees have increasingly opted to organize and unionize their workplaces.

In early 2021, Statistics Canada noted that the union density rate was 31.3%, an increase from 30.2% in 2019, and the highest it has been for 15 years. Safety concerns, greater stability, and more input into decisions during the pandemic and recovery are all attributed to driving forced behind increased interest in unionization.

While unions play a crucial role in addressing . . . [more]

Posted in: Substantive Law: Judicial Decisions

Summaries Sunday: SOQUIJ

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) : Afin de souligner l’intolérance de la société envers la violence dans le sport, le tribunal impose une peine de 9 mois d’emprisonnement dans la collectivité à un accusé récidiviste ayant commis des voies de fait causant des lésions corporelles lors d’une mêlée générale entre des joueurs de . . . [more]

Posted in: Summaries Sunday

Friday Jobs Roundup

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:

. . . [more]
Posted in: Friday Jobs Roundup

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This project has been made possible in part by the Government of Canada | Ce projet a été rendu possible en partie grâce au gouvernement du Canada