Canada’s online legal magazine.

Connecting Public and Private Legal Information Part II: Linking Your Legal Citations to CanLII Material

A month ago, I introduced Lexum’s first step in providing Knowledge Management as a Service (KMaaS) via Lexbox. This development has made it possible for Lexbox users to start searching their own documents alongside the public legal information made available on the CanLII website. This post covers the upcoming release of the second feature tied to that approach. In a few weeks Lexum will integrate its citator to Lexbox, automating the linking of legal citations included in the body of documents submitted by users to the corresponding cases and legislation on CanLII.

The idea of enabling users to auto-link their . . . [more]

Posted in: Legal Information, Legal Publishing

The Vanishing Trial: The Era of Courtroom Performers and the Perils of Its Passing

In the “Vanishing Trial: The Era of Courtroom Performers and the Perils of its Passing”, trial lawyer Robert Katzberg reminds readers of the importance of the jury trial, why it is in danger of vanishing, and what makes a good trial lawyer. His arguments are grounded in stories from his experience of being a trial lawyer for over 40 years.

Katzberg began his career clerking, moving on to become a public prosecutor, then entering private practice. Where he has been till this day, specializing in white collar crime.

In the book, Katzberg describes the transition to the defense . . . [more]

Posted in: Book Reviews, Technology

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. Nanda v. McEwan, 2020 ONCA 431 (CanLII)

[41] In my view, expressions concerning racism, sexism, corruption, abuse of union funds, and misconduct by a candidate for President of the Toronto Local of a Canadian public sector union relate to a matter of public interest. In the words of McLachlin C.J.C. in Torstar, at para. 102, “[i]t is enough that some . . . [more]

Posted in: Wednesday: What's Hot on CanLII

What We Already Knew About Shameful COVID-19 Hotspots

Without exhausting the list of populations where the coronavirus has found an enthusiastic home in Canada, there are two that have led to much tutting and promises to reform: the elderly living in long-term care homes (where sometimes younger people with certain challenges also live) and migrant workers employed on farms. But we already knew the conditions in these settings left much to be be desired. Nevertheless, in both cases, the rules and laws governing regulatory oversight have told us what happens when those responsible lose sight of the human reality and when those responsible for implementing the law fail . . . [more]

Posted in: Miscellaneous

Tips Tuesday

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

Post-Pandemic Planning Tip
Sandra Bekhor

It’s hard to believe that the COVID-19 lockdown began only three months ago. It feels like forever! And yet, many are predicting that we are just getting started. My tip? Use this time for business planning. Don’t just dust off any old run-of-the-mill template, mind you. Take an honest and deeply introspective look at your future. …

Research & Writing

Six Horrors
Neil . . . [more]

Posted in: Tips Tuesday

Online Conferences: The Good, the Boring, and the Unmuted

For Academic Law Librarians, June and July are the conference season. Many law schools don’t have summer classes, and so what would otherwise be a slow part of the year ends up turbocharged with preparing presentations, finalizing travel arrangements, and taking care of other professional development. This summer, of course, most of us will not be attending any conferences in person. The silver lining is that I’ve been able to attend conferences I would not necessarily have been able to attend in person, such as the CALL/ACBD (Canadian Association of Law Libraries/L’Association canadienne des bibliothèques de droit) conference, the LLNE . . . [more]

Posted in: Legal Information

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. Lawyered Podcast 2. Doorey’s Workplace Law Blog 3. Alcohol & Advocacy 4. Library Boy 5. Eva Chan

Lawyered Podcast
57: Artificial Intelligence Law (Noel Corriveau) – July 8, 2020

On this episode, we’re looking to the future with technology lawyer, Noel Corriveau, about the evolving world of

. . . [more]
Posted in: Monday’s Mix

Genetic Discrimination Measures Upheld

In Chapter 11 of the “Canadian Health Law Practice Manual,” Genetics and the Law, Amy Zarzeczny, Tracey M. Bailey and Timothy Caulfield state,

One concern that consistently emerges in relation to obtaining genetic information is the worry that an individual may be discriminated against on the basis of his or her genetic make-up and, specifically, on the basis of a predisposition to a certain condition or disease.

Discrimination can of course occur on a wide variety of fronts including, but not limited to, employment, education, housing and insurance…, not to mention on a social level.

Whether or

. . . [more]
Posted in: Substantive Law: Judicial Decisions, Substantive Law: Legislation

Summaries Sunday: Supreme Advocacy

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 (June 12 – July 10, 2020 inclusive).

Appeals

Contracts: Arbitration Clauses; Unconscionability
Uber Technologies Inc. v. Heller, 2020 SCC 16 (38534)

Mr. Heller started a class proceeding against Uber in Ontario for violations of employment . . . [more]

Posted in: Summaries Sunday

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.

RESPONSABILITÉ : C’est l’exercice abusif ou déraisonnable du pouvoir discrétionnaire empreint de mauvaise foi ou s’apparentant à une faute lourde, à de l’incurie ou à une insouciance grave qui peut conduire à retenir la responsabilité de l’État, par opposition à l’exercice erroné de ce pouvoir; en l’espèce, la juge de . . . [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 (newest first):

. . . [more]
Posted in: Friday Jobs Roundup

Mired in Conflict? Me Deciding Whether You Can Compete With Me

Does it make sense that lawyers elected by lawyers should effectively decide the permitted scope of practice of paralegals with whom they do or would compete for work? Does it make sense that lawyers and paralegals elected by their peers should decide what legal services can only be provided by lawyers and paralegals and thereby maintain their monopoly?[1]

On the other hand, does it make sense that elected lawyers and paralegals should decide what education and training is appropriate for licensing and what professional conduct should be required for appropriate advocacy in courts and tribunals and generally? Does it . . . [more]

Posted in: Legal Ethics

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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