Most firms have come to appreciate the value of practice groups in their management and marketing; but not everyone knows why they are more powerful than operating without them, which may result in their under-utilization. In this post I’ll explain the evolution of practice groups, what they look like today, and how you can use them to more effectively drive the business objectives of the firm.

The Evolution of Practice Groups

Initially, law practices were based on the personal reputation of the principal. In time, lawyers realized that if they pooled their resources, they could split costs while still maintain . . . [more]

Those protesting from “diversity fatigue” often complain that some people will find indicia of subtle racism in almost everything. It’s like they dispute that these influences are subtle and pernicious, and can be found throughout the social fabric of our society.

Fortunately the courts in Ontario disagree, finding in a commercial tenancy dispute in Elias Restaurant v. Keele Sheppard Plaza Inc. regarding a refusal by the landlord to renew a commercial lease. The concept of “prejudice” as used in litigation rarely encompasses the term as it is popularly used, but its application in this case weighed in favour of the . . . [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.

IMMIGRATION ET CITOYENNETÉ : Les demanderesses, l’une canadienne et l’autre d’origine étrangère, forment un couple de même sexe et ont eu leur fils à l’étranger par procréation assistée, la mère d’origine étrangère étant celle qui a porté l’enfant; l’interprétation de l’article 3 (1) b) de la Loi sur la citoyenneté . . . [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:

• Paralegal – Real Estate (Full time) | Chilliwack, BC
  (Waterstone Law Group LLP)

In the frenzied pre-electoral atmosphere South of the border, there appears to be a rush to nominate a candidate to take the place of Supreme Court Justice Ruth Bader Ginsburg who passed away less than a week ago.

But politics aside, how exactly will her replacement be selected in theory? What are the procedures that need to be followed?

The Congressional Research Service in Washington, D.C. has published a few reports that explain how the process is supposed to unfold.

The Service is an agency located within the Library of Congress that conducts independent expert-level research for congressional committees and . . . [more]

Written by Daniel Standing LL.B., Editor, First Reference

In a previous First Reference article I wrote on our news service HRinfodesk, the Ontario Superior Court of Justice’s decision in which a successor employer was held liable for a 20-month notice period was written about because of the legislative presumption of continued employment in these circumstances. Readers may refer to that article for an overview of the key facts. Since then, the case was appealed and decided by the Ontario Court of Appeal. In rendering its decision, the court analyzed the common law approach to the calculation of reasonable notice, concluding . . . [more]

The concept of smart contracts has been around since the 1990s. The basic idea is that contracting parties would reflect some part of their obligations in computer code. This code would be able to recognize (or be told) when conditions for action had been met, or not, and then perform the obligations (execute the contract) or impose penalties for failure to meet the conditions.

This seemed to promise significant reduction in transaction costs, notably of monitoring to see if conditions were satisfied and of execution of the obligations. (Other transaction costs of business, like finding potential deals and negotiating their . . . [more]

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.

Criminal Law and the Man Problem. By Ngaire Naffine. Oxford: Hart, 2019. xiii, 205 p. Includes bibliographic references and index. ISBN 978-1-50991-801-0 (hardcover) £38.50; ISBN 978-1-50991-802-7 (ePub) £41.58; ISBN 978-1-50991-803-4 (ePDF) £41.58.

Reviewed by Ken Fox
Reference Librarian
Law Society of Saskatchewan Library
In CLLR 45:3

What is the “man” . . . [more]

Internet trolls are pervasive. Their comments can be found on websites, Apps (like Instagram), and online groups. “Once a message enters cyberspace, millions of people worldwide can gain access to it. Even if the message is posted in a discussion forum frequented by only a handful of people, any one of them can republish the message … And if the message is sufficiently provocative, it may be republished again and again. The extraordinary capacity of the Internet to replicate almost endlessly any defamatory message lends credence to the notion that ‘the truth rarely catches up with a lie’. The problem . . . [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. Elias Restaurant v. Keele Sheppard Plaza Inc., 2020 ONSC 5457 (CanLII)

[34] The Landlord’s counsel takes some umbrage at the allegation of racism against his clients, and submits that there is nothing in the record to establish that the Landlord or Manager were racially motivated. Motivation, however, is not the point here. Identifying a family-run restaurant as not family-friendly, and impugning a . . . [more]

Lawyers work hard and their successes should be celebrated. Clients have a hard time self-evaluating the potential quality of legal services before hiring a lawyer. Both these statements are true; neither is a good reason for Canadian law firms to collectively spend millions of dollars and thousands of hours facilitating for-profit private lawyer rankings. This column argues that large Canadian law firms (and boutiques that serve similar clients) should collectively agree to stop participating in for-profit private lawyer ranking services.

Currently, there are multiple prominent lawyer ranking services that profile lawyers in large law firms/boutiques as well as the firms . . . [more]

The last six months have been a challenge for everyone. The impacts of the pandemic have differed but no one has been spared. Lawyers and paralegals are no different. We have all been affected, in varying degrees and in varying ways. For many of us, the fact that we provide professional services rather produce goods or provide retail services has helped as many professional services need not be provided in person. Remote work has been possible for many. But some have been particularly affected.

The incomes of those who are employed, whether in business, government, larger firms or otherwise, have . . . [more]