In my last post, I discussed whether private employers and other entities can require proof of vaccinations (spoiler alert: I concluded they can, subject to human rights requirements). In this post, I consider how normal expectations of privacy in the workplace are giving way to requirements intended to control the spread of Covid-19. . . . [more]
After several years in development, the Canadian Judicial Council (CJC) has published its updated Ethical Principles for Judges (EPJ). The updated EPJ can be found here.
The Canadian Association for Legal Ethics/Association Canadienne pour L’ethique Juridique (CALE/ACEJ), of which we are President and Vice-President, has followed the revision of the EPJ with considerable interest and has offered comments and suggestions to the CJC along the way (see here, here, here, and here for CALE/ACEJ’s submissions to the CJC). Now that the updated EPJ have been released, it is time to take stock. Below we . . . [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
A Singular Problem
Neil Guthrie
I received an e-mail informing me of the death of an alumni of the firm where I articled. I was saddened by that news – he was a very nice guy – but also (albeit in a less significant way) by the writer’s choice of words. … . . . [more]
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. Environmental Law and Litigation 2. Condo Adviser 3. Attorney with a Life 4. Double Aspect 5. Risk Management & Crisis Response
Environmental Law and Litigation
Bill C-230–A time for change
On February 26, 2020, Bill C-230, a private member’s bill, was introduced by Nova Scotia MP Lenore
In 2016, Justice David Stratas of the Federal Court of Appeal took the unusual step of posting “A Plea for Doctrinal Coherence and Consistency” online, stating,
. . . [more]Our administrative law is a never-ending construction site where one crew builds structures and then a later crew tears them down to build anew, seemingly without an overall plan…
Administrative law matters. Resting at its heart is the standard of review, the body of law that tells us when the judiciary can legitimately interfere with decision-making by the executive—a matter fundamental to democratic order and good governance, a matter where objectivity, consistency
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.
FAILLITE ET INSOLVABILITÉ : La débitrice n’avait pas la qualité de fiduciaire ou d’administratrice du bien d’autrui à l’égard d’un véhicule automobile acquis aux termes d’un contrat de vente à tempérament; par conséquent, l’une des conditions essentielles à l’application de l’article 178 (1) d) de la Loi sur la faillite . . . [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:
Written by Lewis Waring, Paralegal, Student-at-law, Editor, First Reference
In Hunsley v Canadian Energy Services LP, 2020 ABQB 724 (CanLII) (“Hunsley”), the Alberta Court of Queen’s Bench (“ABQB”) found that a wrongfully dismissed employee was entitled to receive his regular pay and benefits during his notice period despite the reality that the employer had reduced compensation for employees during a pandemic pay cut. Although workers who stayed actively employed during the pandemic were subjected to the employer’s unilateral pay cut, this cut was recognized to be an act of constructive dismissal and thus did not factor into the employee’s . . . [more]
In the context of investigation of a complaint under PIPEDA[1] the Privacy Commissioner of Canada sought a reference to determine several preliminary issues.[2] The claimant claimed Google violated PIPEDA when certain links to news articles pertaining to him arose in a search using the Google search engine. Google had taken the position that PIPEDA did not apply to Google, either, firstly, since the search service was not a commercial activity within the meaning of Section 4(1)(a) of PIPEDA[3], and, secondly, if PIPEDA did apply then Google was excused since it was carrying out a journalistic activity . . . [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. Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65
[1] This appeal and its companion cases (see Bell Canada v. Canada (Attorney General), 2019 SCC 66 (CanLII)), provide this Court with an opportunity to re-examine its approach to judicial review of administrative decisions.
[2] In these reasons, we will address two key aspects of the current administrative law
Government information is ubiquitous in social media platforms. Government agencies at every level (federal, state/province, country, city) share a significant amount of information and data on social media. Some agencies even have several different social media accounts where they disseminate different types of information depending on the nature of the institution or department. Elected officials speaking on behalf of the government or the public office they represent behave no differently. Some of these government officials and lawmakers have had multiple social media accounts, each for the previous elected positions they have occupied. It has become increasingly difficult to differentiate information . . . [more]
Nowadays, a person’s life can be turned upside down by a comment made on the internet. Just ask Harvey Weinstein. Despite the power of the internet, we are just beginning to regulate it. In Ontario, the laws regarding decorum on the internet are in their infancy. The law on internet harassment has not been codified. In a recent decision, 385277 Ontario Ltd. v Gold, 2021 ONSC 4717, Justice Myers advances our legal system when it comes to recognizing internet harassment.
In 385277 Ontario Ltd. v Gold, an injunction was sought by the plaintiffs. The plaintiffs wanted to . . . [more]
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