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

Dismissal for cause is frequently characterized as capital punishment in the employment realm. As a drastic solution, one would presume that an employer would only terminate a worker’s employment for good reason and with a firm sense of an employee’s wrongful conduct. A recent decision of the Manitoba Court of Appeal (2021 MBCA 62 (CanLII)), indicates that an employer’s position is not necessarily compromised if it fails to investigate suspected wrongdoing before dismissing an employee. The case stands for the principle that the employer does not have a free-standing obligation to investigate . . . [more]

The divergence between the law on the books and the law as applied — and the uncertainty and unpredictability that result — exacts a price paid in the coin of injustice. ….

R. v. Ferguson, 2008 SCC 6 at paragraph 72

The Rule of Law requires that the law be accessible and “so far as possible intelligible, clear and predictable” (Lord Bingham). Daniel Kahneman, Oliver Sibony and Cass R. Sunstein have written an important book on the unexplained inconsistencies that get in the way of predictability in decision-making: Noise: A Flaw in Human Judgement. This is . . . [more]

Those of us who view the “no user serviceable parts inside” phrase as a challenge rather than a warning will sympathize with the right to repair movement.

The movement is a growing phenomenon. It arises from frustrations when manufacturers of everything from electronics to cars to McDonald’s ice cream machines make it difficult for anyone else to repair what they make.

The poster child for the movement is farm equipment manufacturers that refuse to give access to software on the machines. That prevents both equipment owners and other repair shops from servicing them. Other methods used by manufacturers include making . . . [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. Libfeld v. Libfeld, 2021 ONSC 4670 (CanLII)

[445] As noted above, s. 35(f) of the Partnerships Act allows for the dissolution of a partnership and s. 207 of the OBCA provides this Court with the jurisdiction to wind-up a company in various circumstances, including circumstances where it is just and equitable to do so “for some reason, other than bankruptcy or . . . [more]

INTRODUCTION

In the first of these two Slaw posts, I wrote about the two inquiries into Ontario Court of Justice (“OCJ”) judge Donald McLeod’s alleged misconduct. Here I discuss not only this OCJ judge who deliberately met with politicians in the context of an activist group he founded post-judicial appointment, but also a judge who acted as a messenger for a group to which he had belonged to someone in the university administration about an academic appointment; a judge whose husband had effectively engaged in cyberbullying against her; a judge who went to the assistance of a law school facing . . . [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

Use CanLII Search Operators Like a Pro
Alex Tsang

While researching using CanLII, are you looking for documents containing one word or phrase but not another? Or maybe you are looking for documents containing an exact phrase? Never fear, operators are here to help! … . . . [more]

Expert evidence is crucial to patent litigation and the timely preparation and exchange of written expert reports prior to trial is one of most important steps of preparing for trial. Expert evidence is typically introduced on patent claim construction, validity, infringement and on remedies. Having expert evidence found inadmissible can significantly change the stakes at trial.

The Federal Courts Rules include deadlines for the delivery of expert reports, but typically a detailed schedule for the exchange of reports is set by the case management judge in consultation with the parties. The more detailed the schedule for expert reports, the less . . . [more]

I have worked in several law libraries, and I can remember the way each one felt when I first saw them; full of beauty and potential, but completely overwhelming. With each new library I would take a tour while someone knowledgeable about the collection explained where various things could be found, and each time I tried to take it all in, knowing full well that it would be months before I would feel confident that I could find anything. A new collection feels like a massive challenge to learn, and while I’m finally feeling more confident in my current position, . . . [more]

Over the past 6 months, after many landlords in Ontario claimed that some tenants were using the pandemic as an excuse to not pay rent, it’s becoming increasingly clear that many landlords themselves are using these circumstances to violate the Residential Tenancies Act, 2006.

The Landlord Tenant Board (LTB) has been described as “chaos,” as early as late 2020, and the circumstances since that time have not improved. The province’s Digital First Strategy was intended to save money and improve efficiencies, and probably works best in court proceedings where all the parties are represented.

At the LTB, most tenants are . . . [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.

RESPONSABILITÉ : Le Bureau des enquêtes indépendantes a excédé sa compétence, a poursuivi une finalité impropre et a agi de façon déraisonnable dans l’exercice de son pouvoir discrétionnaire en publiant un communiqué de presse non conforme à ses buts et à son essence ainsi qu’au Règlement sur le déroulement des . . . [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:

• Legal Assistant, Resource Team (Corporate & Litigation) (Contract role) | Edmonton, AB
  (Bennett Jones)
• Director, Legal (Full-time) | Toronto, ON
  (Insurance Bureau of Canada)
• Law Librarian (Full-time) | Calgary, AB
  (Bennett Jones)
• Director of Market Policy and Industry Relations (8+