The bulk of civil litigation in business law is not conducted by what are referred to as “sophisticated parties,” described by the Court as being aware of the risks of foreign legal systems, understanding the meaning of legal terms, familiar with negotiations, able to draft clear exclusion and limitation clauses, and well-advised by counsel.

Instead, many of these disputes are far more informal in nature, and often for smaller amounts that properly put these disputes within the monetary jurisdiction of the small claims court.

The nature of the communication in this contexts reflects this informality, and there is no shortage . . . [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) : L’ancien psychoéducateur ayant été déclaré coupable de traite de personnes mineures et de distribution de matériel de pornographie juvénile après avoir «acheté» une enfant de 8 ans en Afrique est condamné à 18 ans de pénitencier.

Intitulé : R. c. S.V., 2021 QCCQ 7297
Juridiction : Cour . . . [more]

I wish some law firms could come with a warning label; associate beware.

John worked at a firm with two partners who controlled every moment of his day. A six day in the office work week was enforced. On a daily basis he had to listen to demeaning comments made about his performance heard through the paper-thin office walls. On the outside the partners were respected, acknowledged as exemplary mentors, and admired. Inside the firm they were cruel, demanding, and controlling.

This is not an isolated incident. The worst offenders often take great pains to manage their professional reputations. They . . . [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. R. v. Frampton, 2021 ONSC 5733

[14] Finally, I am aware that in many contexts, accommodations are made for unvaccinated persons. For instance, a student may nonetheless attend school even though they are unvaccinated as a result of medical or conscience-based reasons. This approach is the result of a cost-benefit analysis. It is thought that keeping every kid in school, even with . . . [more]

From Friday July 17 through Friday July 23 I participated in the second virtual American Association of Law Libraries annual conference. I watched a number of excellent programs on a variety of subjects. What was missing however were the chances to catch up with friends and colleagues in the exhibit halls, the corridors, and the meeting rooms. Also missing were the receptions and happy hours and the chance to see a slice of the convention city. Last year we missed meeting in New Orleans and this year in Cleveland. Right now the plan is to meet in person in Denver . . . [more]

When I was a junior family lawyer, I was representing a client at a mediation. Opposing counsel was a senior male lawyer who brought his junior, who had actually been a former classmate of mine. She was the lawyer I had been communicating with throughout the file, but at the mediation, he was the one who took point. The mediator was also male. We sat in the boardroom, at a long rectangular table. Typically, in a private dispute resolution process, neutral professionals will sit at the ends of the table – i.e.: a jointly retained mediator, family professional, or financial . . . [more]

Face mask mandates are now common place across Canada, which started being enshrined in law over a year ago. Many of these can be found in municipal by-laws, but they can also be found in regulations to provincial statutes.

For example, Ontario’s O. Reg. 364/20 – Rules for Areas in Stage 3 under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 states,

(3.1) The person responsible for a business or organization that is open shall ensure that any person in the indoor area of the premises of the business or organization, or in a vehicle that is operating

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.

ÉDUCATION : Une commission scolaire a offert un transfert d’école à une élève ayant été victime d’intimidation et a omis d’appliquer le plan de lutte contre l’intimidation qu’elle avait adopté; elle a ainsi commis une faute et doit verser à la mère de l’élève une somme de 29 400 $. . . . [more]