Recently, the Ontario government has made large strides in introducing CaseLines and the Court Case Search Portal.

CaseLines operates in conjuction with existing conference tools, like Zoom. It is a document sharing platform. CaseLines is not an e-filing system. It is a platform that will require parties to upload documents in advance of a hearing.

At this time, CaseLines is not integrated with the Justice Services Online portal. See the Notice to the Profession here.

How does it work?

Court staff create a file in CaseLines and invite counsel to CaseLines. Parties are then invited to upload documents . . . [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. Pellegrin v. Wheeldon, 2020 BCPC 143 (CanLII)

[105] I now consider punitive damages. As stated in the Huff case, punitive damages are meant to punish the defendant, and set an example for others who might consider undertaking similar conduct. The law in British Columbia is clear: self-help remedies for a trespass or nuisance do not extend to destroying another person’s property, particularly . . . [more]

In an effort to increase assistance for family law litigants who do not have legal representation (self- or unrepresented litigants) and to assuage the concerns of the family law bar, some members of whom object to the introduction of paralegals into family law, at the same time, the Law Society of Ontario has proposed a new licencing framework, one limited to the provision of legal services in family law and one most likely to be taken up by existing paralegals. The LSO has invited comment on the entire proposal (see Family Legal Services Provider Licence Consultation Paper (“FLSPL Paper”); however, . . . [more]

[This post was a collaboration written by Anna Sallah and Julie Macfarlane.]

COVID-19 has driven up anxieties and everyday challenges for everyone, but for the self-represented litigant, it has raised new and especially difficult issues. Being a self-represented litigant on a normal day is no small feat: it involves tackling issues ranging from searching for and identifying legal resources, to applying arcane and complex rules and procedures, all while navigating unfamiliar territory.

Moving from dealing with the regular uncertainties of being an SRL to being an SRL during COVID-19 is like moving from the frying pan, to the fire.

As . . . [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.

Practice

5 Tips for Virtual Oral Argument
Caroline Mandell

Here are five tips for virtual oral argument, now that I’ve watched some Zoom appeals: 1. Stand, don’t sit. The neuroscience shows we literally think better on our feet, and it’s the way you’re accustomed to arguing. Invest in a desktop lectern to make it feel more authentic. …

Research & Writing

How to Find a UK Royal Proclamation
Susannah . . . [more]

On May 21, 2020, the Federal Court released a decision (2020 FC 629) strongly in favour of Justice Patrick Smith, a judge of the Ontario Superior Court of Justice, and highly critical of the Canadian Judicial Council. It is unfortunate that the decision is so one-sided. The CJC deserves some of the criticism. However, the position taken by the CJC is not as untenable as the court claims. More importantly, there is legitimate cause for concern about Justice Smith’s conduct.

This litigation arises from events in the spring of 2018 when Justice Smith accepted an appointment as the Interim Dean . . . [more]

The history of Black people in Canada cannot be excised from the history of Nova Scotia.

Until the Immigration Act, 1976, the immigration system in Canada was explicitly racist, intended to maintain homogeneity of the Canadian population. As a result, 37% of all Black Canadians prior to these reforms lived in Nova Scotia, largely due to centuries of settlement due to Black loyalists, refugees, and other immigrants, primarily from the U.S. and the Caribbean.

However, these Black Nova Scotians experienced horrific segregation and discrimination, the effects of which continue to this day. A recent decision by the Supreme . . . [more]

One Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all appeals as well as leaves to appeal granted so you will know what the SCC will soon be dealing with (July 11 – August 14, 2020 inclusive).

Appeals

Class Actions: Certification; Gaming
Atlantic Lottery Corp. Inc. v. Babstock, 2020 SCC 19 (38521)

“Waiver of tort” is confusing, and should be abandoned. Disgorgement for breach of . . . [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.

FAILLITE ET INSOLVABILITÉ : La Cour supérieure peut procéder à la nomination d’un séquestre conformément à l’article 243 (1) de la Loi sur la faillite et l’insolvabilité à la demande d’un créancier hypothécaire afin de vendre l’entreprise d’un débiteur insolvable en continuité d’affaires; cependant, les préavis et les délais afférents . . . [more]

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

In many cases, the choice of when to retire is based on a variety of factors, including lifestyle, priorities and other circumstances. Sometimes the decision to stop working is an easy one, while others prefer to continue working as long as possible. But what happens when an employee’s retirement is not a choice but is a requirement of his or her pension plan? Is it discriminatory? This issue came before the Human Rights Tribunal of Alberta in Aziz v Calgary Firefighters Association, 2020 AHRC 40 when a firefighter nearing the . . . [more]

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.

Seeking the Court’s Advice: The Politics of the Canadian Reference Power

Author: Kate Puddister

ISBN: 9780774861113
Publisher: UBC Press
Page Count: 290
Publication Date: November 15, 2019
Regular Price: $32.95 (paperback)

Excerpt: from the Introduction
[Footnotes omitted. They can be found in the original here]

The Canadian Case

The Canadian practice . . . [more]