Canada’s online legal magazine.

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. First Reference 2. Paw & Order 3. Avoid a Claim 4. Susan On The Soapbox 5. Vancouver Immigration Law Blog

First Reference
Keeping criminal background checks in check: Privacy law limits on employee criminal background checks in B.C.

Criminal record checks are just one type of background

. . . [more]
Posted in: Monday’s Mix

Youth Voices: A Call to Action for Family Lawyers and Mediators–Part 2

This is Part 2 of a two-part piece focusing on how family lawyers and mediators can participate in and support the Youth Voices Initiative.

In Part 1, I described the foundations of the Youth Voices Initiative, overseen by the BC Family Justice Innovation Lab, which aims to improve the well-being and resilience of children and youth who are experiencing parental separation. I tried to connect the dots between the child rights provisions, Adverse Childhood Experience research, the importance of child voice/participation and the family justice system. Out of a human-centred design process emerged a story-based concept which the . . . [more]

Posted in: Dispute Resolution

Harnessing the Power of Practice Groups

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]

Posted in: Legal Marketing, Practice of Law

Discrimination Exists Even in Commercial Tenancies

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]

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.

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]

Posted in: Summaries Sunday

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

Ruth Bader Ginsburg – What Happens Now?

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]

Posted in: Justice Issues

Reasonable Notice: Relevance of Worker’s Past Experience Clarified

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]

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

Smart Contracts at the World Bank

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]

Posted in: Legal Technology

Book Review: Criminal Law and the Man Problem

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]

Posted in: Book Reviews

Should We Clean Up Bad Speech With Artificial Intelligence Before It Happens?

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]

Posted in: Justice Issues

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. 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]

Posted in: Wednesday: What's Hot on CanLII

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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