While the COVID-19 pandemic has led to a sharp increase in family law conflict, these disputes have recently shifted to vaccination of minors. At times, this is being attempted contrary to one or both of the parent’s wishes.

The Health Care Consent Act, 1996 does not state a minimum age for capacity for medical decisions, but instead provides relevant factors,

Capacity

4 (1) A person is capable with respect to a treatment, admission to a care facility or a personal assistance service if the person is able to understand the information that is relevant to making a decision about

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) : La recevabilité d’une preuve par ouï-dire et l’absence d’une directive particulière au jury sur ce point ont miné la crédibilité de l’appelante de façon irrémédiable; par conséquent, la Cour d’appel ordonne la tenue d’un nouveau procès relativement à une gardienne déclarée coupable sous une accusation de voies . . . [more]

This course has been rescheduled – thanks, Covid – to October and November 2022. Registration is now open.

I am pleased to announce the 2022 edition of the National Family Law Arbitration Course, a 40-hour course organized by myself, Lorne Wolfson and Lawrence Pinksy. This course provides a comprehensive introduction to the arbitration of family law disputes in Canada, and includes two optional 7-hour pre-course programs for mental health professionals and family law lawyers interested in working as parenting coordinators.

While good arbitration courses abound in this country, they tend to focus on employment, construction and other corporate and . . . [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

“Set your business plan to win; raise the bar or you’re not going to be prepared.”
– Swizz Beatz

Anyone else working on their 2022 business plan? If you’re like me, you’re in the thick of it right now – pulling data, plotting year-to-date results, analyzing what’s gone well and what hasn’t, and reflecting on why certain things just couldn’t get done. Business planning can be motivating when the exercise is aligned to a clear and simple process.

Know your firm’s strategic plan inside and out – Marketing and business development are generally a focal point of a law firm’s . . . [more]

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]