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. Battiston v. Microsoft Canada Inc., 2020 ONSC 4286 (CanLII)

[33] However, Professor McCamus adds that sometimes, even with a signed agreement, inadequate notice of a particularly unfair term may render that term unenforceable, at p. 194:

In many contractual settings, it will not be expected that a signing party will take time to read the agreement. Even if the document is read, . . . [more]

Vendors of goods and services utilize standard form contracts to reduce or minimize transaction costs and to ensure consistency in the terms applied to similar transactions. Since such contracts are offered on a “take it or leave it” basis there is no ability to negotiate terms and they are described as contracts of adhesion. There is a tendency in contracts of adhesion for the vendor using the standard form to use terms that benefit the vendor and disadvantage the other party. That trend has increased in electronic commerce transactions especially at the business to consumer level as terms have become . . . [more]

Democracy has both what we might term formal or legal elements and philosophical components. While sometimes both are contemporaneous, at other times, only one accurately describes the state of play. The Ontario government’s Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (“Reopening Ontario Act” or “the Act”) illustrates this. Following several extensions of its emergency declaration under the Emergency Management and Civil Protection Act (“EMCPA”), Premier Doug Ford’s government enacted the Reopening Ontario Act ending the declaration of emergency yet containing provisions with an impact similar to that of the EMCPA. It eliminated the apparently annoying requirement . . . [more]

When I ask lawyers what their firm’s business goals are for the year, it’s shocking how few know the answer, often because those goals don’t exist. So, it’s understandable that when I ask those same lawyers for their personal business goals are, they don’t know those either. Firms have dabbled in requesting personal or practice group business plans, but that’s a difficult ask when the firm hasn’t done its own planning. It’s enough to make any lawyer wonder: is goal setting really necessary?

Most businesses would find that question absurd. They set goals and develop plans to achieve those goals . . . [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

Legalese: Not Just an English-Language Thing

It happens in French too. A lawyer in Lyons (Lyon, to use the French spelling) complained recently on Twitter about contractual drafting like this: Par ailleurs, si l’Acquéreur envisagé en émet le souhait, celui-ci devra avoir la possibilité de… . . . [more]

One of the greatest concerns of the economic impacts of the COVID-19 pandemic was that individuals who could not pay rent would be evicted from their homes, and many would be left homeless. Aside from the important social and moral significance of increased homelessness, there are important public health considerations as well.

For example, Perri et al. recently described in the Canadian Medical Association Journal how there is an increased risk of infection of COVID-19, as well as a higher risk of worse outcomes given the existence of comorbidities.

Ontario implemented a suspension of regular court proceedings, based on an . . . [more]

One Sunday each month OnPoint Legal Research provides Slaw with an extended summary of, and counsel’s commentary on, an important case from the British Columbia, Alberta, or Ontario court of appeal.

Bergler v. Odenthal, 2020 BCCA 175

KEYWORDS:   Secret trusts; intestate heirs;

~A secret trust may be established where, in addition to the usual requirement for the three certainties for creating a trust, two elements are made out on the usual civil standard of proof: a communication by the deceased to their devisee, legatee, or intestate heir, and acceptance by that person of the request that they will hold 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.

PROTECTION DU CONSOMMATEUR : L’article 214.8 de la Loi sur la protection du consommateur est constitutionnellement valide et applicable à l’égard de Bell Canada, tandis que les articles 11.2, 11.3, 13 et 214.2 ainsi que l’alinéa 2 de l’article 214.7 le sont à l’égard de Telus Communications inc.

Intitulé :  . . . [more]

The 2017 decision Pintea v Johns has been heralded as a watershed moment for self-represented litigants in Canada. In a very short decision written by Justice Karakatsanis, the Supreme Court endorsed the Canadian Judicial Council’s (CJC) Statement of Principles on Self-Represented Litigants and Accused Persons.[1]

The Canadian Judicial Council’s statement on self-represented litigants sought to articulate proactive guidelines respecting judges’ responsibilities when hearing cases involving self-represented litigants. Recognizing the disadvantage to self-represented litigants who are not familiar with or understand the procedural and substantive law, the Statement of Principles was meant to provide guidance for judges, court administrators and . . . [more]

It’s been well over a year now but presentations from the 2019 Artificial Intelligence Conference held at the Duquesne University School of Law are now available.

“Artificial Intelligence: Thinking About Law, Law Practice, and Legal Education” was a two-day conference which covered topics “ranging from autonomous vehicles to robotic surgery, and from smart phones to smart speakers.” Presenters included legal educators, practitioners, policy makers, and computer scientists. The speakers addressed the many ways that the development of artificial intelligence is affecting the legal profession, legal education, law and society.

Jan M. Levine, Professor of Law and Director, . . . [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.

Ross Mackay: A Brilliant Criminal Lawyer

Author: Jack Batten

ISBN: 9781988824390
Publisher: Durvile Publications
Page Count: 288
Publication Date: August 1, 2020
Regular Price: $29.95

Excerpt: Chapter 20 – On the Comeback Trail

The eighteen-year-old kid from Niagara Falls was pumped. It was the late summer of 1962, and he was on . . . [more]