Self-represented litigants (SRLs) make up a significant percentage of litigants appearing before the court in civil and family cases. In the NSRLP’s 2013 report data provided by provincial ministries of justice indicated that at least 40% of individuals who appeared in provincial family court and at least 30% of litigants in civil court are self-represented.

These statistics are staggering, and it is no secret that SRLs face unique challenges within the court systems across Canada. Although it is the case that Canadian courts operate with the principle of access to justice as a foundational pillar, the reality is that . . . [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. Cybulsky v. Hamilton Health Sciences, 2021 HRTO 213 (CanLII)

[113] This Tribunal stated in Moore v. Ferro (Estate), 2019 HRTO 526 (“Moore”) at para. 183, that in certain circumstances, it is a violation of the right to be free from discrimination protected under Part I of the Code where a respondent fails to take appropriate steps to respond . . . [more]

In my last Slaw post, I reviewed the concept of “universal design”, which was initiated about 25 years ago to respond to the increased participation of persons with disabilities; at the time, it tended to be limited to the built environment, although it has since expanded to other contexts. In this post, I begin considering how universal design might provide a feasible framework for the legal system. My post of May 5, 2020 also provides background. . . . [more]

For those of us that use Facebook, one of the fun features is Facebook Memories – those tidbits we posted or reacted to over the years that remind us of moments in time. A year into the pandemic, it is interesting to look back at our reactions to COVID-19 at the early stages. A lot has changed during that time: Zoom is now a household name; there have been fun viral moments like “I am not a cat”; and unfortunately depressing news about death and job losses. In many ways our priorities changed as we watched this unfold on the . . . [more]

Civil litigation can be an expensive ordeal. In many circumstances, it’s not entirely clear that either side has the resources to go the full distance for an entire trial, and with competent counsel and reasonable parties, it’s frequently not necessary to do so.

For every step along the way though, there are still expenses to be incurred. Rule 56.01 of the Rules of Civil Procedure in Ontario allows a party to see security for costs, typically where another party is ordinarily a resident outside of Ontario, there is a duplicity of proceedings elsewhere, other costs remain unpaid, there is good . . . [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.

ACTION COLLECTIVE (RECOURS COLLECTIF) : Estimant détenir une créance conditionnelle à la suite de l’approbation de leurs honoraires, les avocats des représentants demandent la communication de l’identité et des coordonnées des membres du groupe; toutefois, étant donné que leur objectif ultime semble être d’obtenir des honoraires additionnels en intentant éventuellement . . . [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)

Passwords have been around since the early days of mainframe computing. Believe it or not, passwords were not originally designed to prove identity. The betting money is that computer passwords first showed up at the Massachusetts Institute of Technology in the mid-1960s in order to track time when using a mainframe computer: The Compatible Time-Sharing System (CTSS).

Today, passwords are used to help authenticate the identity of the computer user. From a security perspective, the problem is that people use crummy passwords, forget them and even reuse them across multiple systems. At the end of the day, if someone has . . . [more]

Are you a systemizer? In Patter Seekers: How Autism Drives Human Invention, Dr. Simon Baron-Cohen (Professor and Director of the Autism Research Centre at Cambridge University) discusses the significance of systemizing to inventions. He posits that humans have a special kind of engine in the brain. They seek out if-and-then patterns. This way of thinking developed about 70,000 to 100,000 years ago, when the first humans began to make complex tools.

Dr. Baron-Cohen categorizes the brain into 5 different types based on their balance between empathy and systemizing. Empathizers are very comfortable with people, chat easily, easily tune into . . . [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. Reference re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11 (CanLII)

[1] In 2018, Parliament enacted the Greenhouse Gas Pollution Pricing Act, S.C. 2018, c. 12, s. 186 (“GGPPA”). Three provinces challenged the constitutionality of the GGPPA by references to their respective courts of appeal. The question divided the courts. In split decisions, the courts of appeal for Saskatchewan . . . [more]

One way to look at whether your salary is fair is to understand how a law firm calculates your value. We’re going to look at the numbers behind such a calculation with a concrete example and assume you’re a lawyer making $100,000 a year. This is intended only as a primer – adjust the numbers and add/subtract factors according to your own facts.

What is your value to a firm? Profit, of course

There are two bottom-line numbers to calculate your value to a firm in terms of profit: how much money you make for the firm, and how much . . . [more]