In my November 3rd Slaw post on the Supreme Court of Canada’s decision in Fraser, I considered the division on the Court relating to the interpretation of section 15(1) of the Canadian Charter of Rights and Freedoms. The majority decision, written by Abella J., emphasized a broad interpretation, stressing the significance of adverse effects discrimination and the goal of substantive equality. In their dissent, Brown and Rowe JJ. applied a narrower interpretation, as did Côté J. in her separate dissent. Now we have Ontario (Attorney General) v. G, which not only reminds us of the cleft in . . . [more]

It’s December 1st and that means one special thing in my world: the Clawbies are on!

15 years ago, I sat at my desk and wrote up an inaugural “Canadian Law Blog Awards” (styled awkwardly for the first many years as CLawBies – glad we scrapped the camel case!).

That first edition was inspired by Dennis Kennedy’s Blawggies and was meant to be a playful homage to the unsung blogging heroes sharing Canadian perspectives on all things legal. It felt important to recognize how they made our community a little stronger and more connected.

It’s safe to say we’ve never . . . [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

More Miscellaneous Misuses
Neil Guthrie

Annoying little things that have crossed the radar. Air on the side of caution: Uh, no. It’s err. But, as the poet said, to err is human, to forgive divine. … . . . [more]

During the Covid-19 pandemic scams have not stopped and appear, by many accounts, to be on the rise. As a result, the Canadian Radio-television and Telecommunications Commission (CRTC) has continued its enforcement action under Canada’s Anti-Spam Law^[1] (CASL).

Most recently the CRTC conducted an investigation of Notesolution Inc. doing business as OneClass (OneClass). OneClass is an online educational platform for crowdsourced university course content. OneClass seeks to build a global interactive library for educational content across all levels of education.

The CTRC alleged that OneClass violated several provisions of CASL^[2], namely violation of:

(a) the electronic communications . . . [more]

I’m no palaeontologist, but being the father of a 7-year-old boy, I talk about dinosaurs more than the average human. My son doesn’t necessarily have that of a great interest in our prehistoric friends themselves, but his thirst for knowledge about the circumstances of their disappearance is seemingly insatiable.

Those father-son discussions about the extinction of dinosaurs led me down a Wikipedia rabbit hole only to discover the existence of such a thing as the Cretaceous–Paleogene boundary. This boundary is a line of dark dust with high concentrations of iridium, which, according to the leading hypothesis, came from the . . . [more]

Over 500,000 individuals and their qualifying family members received the Ontario Disability Support Program (ODSP), prior to the pandemic. Our social supports system will be even more important in the economic recovery following the pandemic.

ODSP is a last resort income support paid to individuals who are disabled, as defined in s. 4(1) the of the Ontario Disability Support Program Act, 1997,

(a) the person has a substantial physical or mental impairment that is continuous or recurrent and expected to last one year or more;

(b) the direct and cumulative effect of the impairment on the person’s ability to attend

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.

RESPONSABILITÉ : La juge de première instance n’a pas commis une erreur manifeste et déterminante en estimant que les gendarmes n’avaient pas cherché, de façon objective, à déterminer l’existence de motifs raisonnables et probables de croire qu’une infraction avait été commise, mais qu’ils s’étaient plutôt concentrés sur les éléments incriminants . . . [more]

I am really very pleased to announce the new National Family Law Arbitration Course, a 40-hour course organized by myself, Lorne Wolfson and the inimitable Lawrence Pinksy. This course is intended to provide a comprehensive introduction to the arbitration of family law disputes in Canada, and includes two optional 7-hour pre-course programs for mental health professionals and family law lawyers inclined toward masochism and therefore interested in working as parenting coordinators.

While good arbitration courses abound in this country, they tend to focus on employment, construction and other corporate and commercial disputes; none are designed to address the special . . . [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:

• Research Resources and Inclusivity Initiatives Librarian (Full-time) | Ithaca, New York
  (Cornell University Law Library)
• Legal Content Developer (Full-time) | Toronto, ON
  (CLEO – Community Legal Education Ontario)
• Indigenous Law and Indigenous Outreach Librarian (Full-time) | Victoria, BC
  (University of

Austrian economist Joseph Schumpeter developed the theory of creative destruction to describe how something good, and even much needed, can come out of a tragedy. The theory suggests that some businesses must die and paradigms must be “swept away” in order to make room for new ones that will better survive the future.

This is a concept found in nature. For example, we know that left to their own devices, forests will burn down from time to time to clean out the forest floor and force a renewal. While it might feel heartless to apply the same principle to business, . . . [more]

If popular culture is to be believed, the success of a legal dispute is determined foremost by the calibre and character of one’s legal representative; the ability to deliver an inspiring closing argument is a clear signal that a favorable outcome is forthcoming. The recipe, it would appear, is one part institutional knowledge added to one part intuitiveness sprinkled with a dash of showmanship. (A devil-may-care regard for the truth and facts is optional.) Notwithstanding the oft times sensationalistic portrayal of lawyers in film, novels and the news, the role that legal professionals play in securing satisfactory outcomes for people . . . [more]