Canada’s online legal magazine.

New Privacy Concerns With Deep Nudes

In the back pages of comic books, there was often a curious advertisement. One which purported to sell x-ray glasses, which would allow the user to see through things.

Although first patented in 1906, these novelty items simply created an optical illusion and involved no x-rays at all. This didn’t prevent many young readers from purchasing, with the intent of being up to no good. Roger Luckhurst explains in “X-Ray Specs,”

As anyone who spent a dollar (plus postage and packing) on mail order X-Ray Specs came bitterly to learn, Röntgen’s x rays were not involved in

. . . [more]
Posted in: Substantive Law: Judicial Decisions, Substantive Law: Legislation

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

Employee Wins Historic Amount of Damages for Sexual Harassment and Workplace Discrimination

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

In NK v Botuik (“Botuik”), the Human Rights Tribunal of Ontario (HRTO) awarded a former employee $170,000.00 for sexual harassment and gender discrimination, the second-highest amount of damages ever awarded in Ontario. The employer, in this case, Alan Stewart Homes Limited, owned and operated a number of group homes that served individuals with significant disabilities. Tenants at the employer’s group homes were disabled such that they were unable to live independently and were also incapable of caring for themselves in relation to everyday activities. The employee worked at one of . . . [more]

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

Book Review: Feminist Judgments in International Law

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Feminist Judgments in International Law. Edited by Loveday Hodson & Troy Lavers. Oxford, UK: Hart Publishing, 2019. xix, 511 p. Includes bibliographical references and index. ISBN 978-1-50991-445-6 (hardcover) £90.00; ISBN 978-1-50991-443-2 (eBook) £64.80.

Reviewed by Dominique Garingan
Library Manager, Calgary
Parlee McLaws LLP
In CLLR 45:4

In Feminist Judgments in . . . [more]

Posted in: Book Reviews

Thursday Thinkpiece: Silver on Creative Renewal During COVID-19

Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

That Time of Year
Lex-Electronica.org n°25-4 2020, page 216-219

Lisa A. Silver is an Associate Professor at the University of Calgary Faculty of Law, She blogs and podcasts at ideablawg.ca.

“That time of year thou mayest in me behold” is from Sonnet 73, one of Shakespeare’s best-known sonnets. A metaphor for . . . [more]

Posted in: Thursday Thinkpiece

Yours to Discover: The Lack of Evidence Supporting the Conclusions Reached by the LSO Paralegal Licensing Report

On June 26, 2020, the Law Society of Ontario (LSO) released the Family Legal Services Provider License Consultation Paper (FLSPL) for review and comment by the legal profession in Ontario. Prior to the release of the FLSPL the LSO had released the Ontario Civil Legal Needs Project Steering Committee’s Report to Convocation entitled “Listening to Ontarians”, which in May of 2010 reported to Convocation that the Committee had identified access to justice as a significant issue facing the public in Ontario.[1]

Access to justice in the area of family law is an issue. Access to justice is an issue . . . [more]

Posted in: Justice Issues

No Trivial Matter

I am a big fan of trivia. I am pretty much undefeated in any game of Trivial Pursuit since the mid-1980s[1]. One night years ago my family thought they might defeat me playing a DVD-video based version of the game. My victory that night has become family legend.[2]

A piece of trivia I recently learned was that the Audi automobile company takes its name from the legal maxim, audi alteram partem. The founder, August Horch, could not use his surname as it was part of the trademark of his former company. “Horch” in German means “hear”. . . . [more]

Posted in: Administrative Law

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. Miller v Edmonton (City), 2020 ABQB 784 (CanLII)

[23] One point where I disagree with Edmonton is that this is an instance where Mackin v New Brunswick (Minister of Finance) would apply, and that allegations that a law is unconstitutional cannot ground a claim for damages. When conducting procedure pursuant to r 3.68, pleadings are presumed to be factually correct ( . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Callow, Fraser and G: Perspectives on the Role of Law and of the Courts

Three recent Supreme Court of Canada decisions illustrate the very different perspectives or philosophies the judges bring to their consideration of the cases before them. The most recent, CM Callow Inc. v. Zollinger, dealt with the duty of honest performance in contract law, while the other two were concerned with equality issues: Fraser v. Canada (Attorney General), which considered whether the RCMP pension plan discriminated against members (primarily women) who shared jobs, and Ontario (Attorney General) v. G, involving the different treatment of persons found guilty of a sexual offence and those who had committed a sexual . . . [more]

Posted in: Case Comment, 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.

Practice

The Dangers of Dopplelawyers
Shawn Erker

Be careful: There may be another you out there, lurking in the non-SEO-optimized back quarters of the internet. Another website profile with your name, maybe even your firm’s name, but with different contact information. …

Research & Writing

More Terminology: Law Students
Neil Guthrie

A friend, who is originally from the UK and not a lawyer, asked me why we call our . . . [more]

Posted in: Tips Tuesday

Monday’s Mix

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. Welcome to the Food Court 2. Paw & Order 3. Stereo Decisis Podcast 4. Official Clio Blog 5. The Factum

Welcome to the Food Court
Conflicting Guidance: Importing Finished Products Containing Milk Ingredients

With Canada’s strong regulatory and supply management regimes, foreign and domestic businesses know all

. . . [more]
Posted in: Monday’s Mix

Mandatory COVID Testing Upheld in Retirement Home

The rights and obligations of workers and employers in the pandemic continue to raise new and novel issues. While many businesses encourage or require their staff to work from home, there are plenty of industries which still require work in-person, especially in deemed essential services (which differ based on jurisdiction).

A particularly challenging area has been long-term care and retirement homes, where several outbreaks have been observed across the country. Not only do these facilities have especially vulnerable residents, but they are often busy and understaffed relative to the work involved and the needs of the facility. Employers continue to . . . [more]

Posted in: Substantive Law: Judicial Decisions

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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