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. Lu v Shen, 2020 BCSC 490 (CanLII)

[42] It is the role of pleadings to serve as the frame for an action. Properly drawn, they precisely define the issues the court will be asked to decide, they advise the other party of the case to be met, they determine the extent of pre-trial procedures, and they guide the trial process. The . . . [more]

In 2015 world leaders, acting through the United Nations, agreed to adopt 17 global objectives known as the Sustainable Development Goals (SDGs). The overarching objective was, and remains, to make measurable progress toward creating a better world by the year 2030 by reducing poverty, fighting inequality and by addressing the emergency of climate change. Among the Sustainable Development Goals is SDG 16, focusing on peace, justice and strong institutions. SDG 16 seeks to promote “a peaceful and inclusive society for sustainable development, provide access to justice for all and to build effective, accountable and inclusive institutions at all levels.” . . . [more]

The Canadian Association of Law Libraries / Association canadienne des bibliotheques de droit (CALL/ACBD) is pleased to announce thatThe CanLII Manual to British Columbia Civil Litigation, by Brent Anderson et al, John Fiddick and Cameron Wardell (eds.) is the winner of the 2021 Hugh Lawford Award for Excellence in Legal Publishing!

This resource is a volunteer-written, open access publication that supports legal professionals and self-represented litigants with their civil justice research. It consists of nine “pathfinders” dealing with specific areas of the law, a guide to civil procedure at the BC Supreme Court, and annotated rules of court . . . [more]

The Quebec Government’s An Act respecting French, the official and common language of Québec (Bill 96), has generated considerable controversy over whether a province is able to make significant constitutional changes to its status and the use of the French and English languages unilaterally. It also raises the question of whether, if enacted and the constitution is amended, it will undermine the very architecture of the 1867 constitutional “deal” that united the original four members of confederation and subsequently the rest of the provinces. The answers to these two interrelated questions could have momentous ramifications for Canada. . . . [more]

Tuning in to a discussion about access to justice, we might think, mistakenly, that the big problem is how much the legal system costs. The cost of litigating a dispute is too high, it goes, and so lawyers should flatten fees, cap fees, and unbundle fees, fleeing fees like so many fleas. Only the richest (they have the money) and the poorest (they have so little they qualify for aid) can litigate, so to achieve justice for the masses we should turn to alternative dispute models like mediation and online dispute resolution. The justice system is too complicated and too . . . [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

Finding Canadian Court Records and Docket Information
Susannah Tredwell

The availability of Canadian court information varies greatly from province to province, as do the ways in which researchers can access it. … . . . [more]

In 2015, Shauna Hall-Coates wrote in the Dalhousie Journal of Legal Studies,

Walk into any courtroom today, critics venture, and it will look stunningly similar to those of the past; the judge will be sitting behind the bench, the jury in its box, and the witness on the stand.1 As everyone settles into his or her place selected by centuries of ritual and status quo, the courtroom may even appear as a sanctuary from the trappings of digital technology, so doggedly pursued outside its walls.

This segregation between the courtroom and digital technology is nonetheless collapsing, as trial spectators

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.

ACTION COLLECTIVE (RECOURS COLLECTIF) : L’entente de règlement de 5,5 millions de dollars visant l’indemnisation des résidents du CHSLD privé Herron et de leurs proches pour les dommages causés par l’éclosion de COVID-19 survenue dans l’établissement au printemps 2020 est approuvée.

Intitulé : Schneider (Succession de Schneider) c. Centre d’hébergement . . . [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:

• Operations Manager – College of Patent Agents and Trademark Agents (Full-time) | Remote/Canada
  (College of Patent and Trademark Agents of Canada)

This post is a joint submission to Slaw, contributed by the following authors: Xavier Beauchamp-Tremblay, Pierre-Paul Lemyre, Sarah Sutherland, Ivan Mokanov

The Canadian Judicial Council (CJC) recently released a report titled “Guidelines For Canadian Courts – Management of Requests for Bulk Access to Court Information by Commercial Entities”.

Over the years, several parties from different sectors have contacted CanLII or Lexum to obtain bulk access to legal decisions from Canadian courts and tribunals. We never believed we had clear permission to redistribute this content and decide who should be granted or denied bulk access to legal . . . [more]

Written by Lewis Waring, Paralegal, Student-at-Law, Editor, First Reference Inc.

In Peretta v Rand v Technology Corporation (“Perretta”), an employer repudiated an employment contract by insisting that a new term be added after the contract had already come into effect. The reason that the employer’s insistence on adding a new term resulted in the repudiation of the contract was that the new term was so important that the employer’s attempt to force the employee to agree to it showed an intention to not be bound by the original contract. . . . [more]