Canada’s online legal magazine.

Google Is Subject to PIPEDA in Canada

The Internet, it is proverbially thought, lives forever. That is, until jurisdictions around the world started to develop the “right to be forgotten.”

In 2017, a complaint was made to the Privacy Commissioner of Canada that Google violates the Personal Information Protection and Electronic Documents Act (PIPEDA), by displaying links to news articles with personal and sensitive information about him.

This wasn’t the first privacy complaint that the Commissioner faced about Google, which previously included Wifi data collection. The Commissioner has also investigated other businesses that index private information that is maintained or removed on Google, or businesses . . . [more]

Posted in: Substantive Law: Judicial Decisions

Summaries Sunday: SOQUIJ

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.

TRAVAIL : Un technicien ambulancier n’a pas droit au retrait préventif puisque le SARS-CoV-2 ne constitue pas un «contaminant» au sens de la Loi sur la santé et la sécurité du travail; ce virus n’est pas généré par un équipement, une machine, un procédé, un produit, une substance ou . . . [more]

Posted in: Summaries Sunday

Expedited Decision-Making in Parenting Coordination

Parenting coordination has two primary functions, one legal and the other psychosocial. The legal side of parenting coordination revolves around the implementation of parenting plans, resolving disagreements about their interpretation, dealing with unforeseen circumstances and facilitating a reasonable degree of compliance. The psychosocial side involves a cluster of less tangible objectives, including working with parents to improve their communication and dispute resolution skills, helping them recognize and prioritize the children’s interests, and reducing the children’s exposure to their conflict. The legal side has the narrow, mechanical purpose of resolving parenting disputes as they arise; the psychosocial side has the broader, . . . [more]

Posted in: Practice of Law

Friday Jobs Roundup

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:

. . . [more]
Posted in: Friday Jobs Roundup

4L Academy’s Mental Health Play – a Conversation With Founder Aaron Baer

Solving the mental health crisis in law requires invention and transformation.

Lawyer entrepreneurs are turning their minds to the challenge and bringing innovative offerings to the market aimed at making a difference.

Aaron Baer is one such entrepreneur, a corporate commercial lawyer who started his legal training company 4L Academy this year. 4L provides modern legal training for Canadian lawyers and law students.

I had the pleasure of speaking with Baer on June 7, 2021 – the very day 4L launched the summer pilot program.

The launch attracted lots of attention.

The response from law students was phenomenal—the summer program . . . [more]

Posted in: Practice of Law

Cheesed Off Employee Loses Wrongful Dismissal Appeal

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, McCallum v Saputo, 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 . . . [more]

Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions

“Noise” and Decision-Making – Why Consistency in Decisions Matters

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]

Posted in: Dispute Resolution

Does Canada Need ‘Right to Repair’ Law

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]

Posted in: Miscellaneous, Technology

Wednesday: What’s Hot on CanLII

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]

Posted in: Wednesday: What's Hot on CanLII

Determining Judicial Ethical Conduct: Not So Straightforward? Part II

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]

Posted in: Justice Issues, Substantive Law: Judicial Decisions

Tips Tuesday

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]

Posted in: Tips Tuesday

Expert Evidence in Patent Cases

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]

Posted in: Intellectual Property