Perhaps it is at least in part the fault of the idiot wing of the fund management business, that it seems to have become necessary for every aspiring new entity seeking to serve the legal and professional information sector to classify itself as a “disruptor” or “disruptive”. Whether or not such entities, their products and services are capable of achieving the criteria set by the fundamentalist religious cult enthusiast attributed with having identified the concept, nonetheless, to attract the funds and appear to be on message, they have to be disruptors. I find it tiresome to see commentators, as . . . [more]

The response to COVID-19 has many legal elements but it also raises ethical and philosophical issues. There is an age-old dispute in legal philosophy between “legal positivism” and “natural law”. In a nutshell (and with apologies to legal philosophers), positivism is the view that law is nothing more than the law on the books, i.e. the law that has been promulgated by duly authorized legislative authorities. In contrast, natural law espouses that law must contain some moral content, be it religious or some other higher principles (e.g. human rights). This was brought home to me by a sudden spat in . . . [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. A.B. v. Canada (Citizenship and Immigration), 2020 FC 461 (CanLII)

[30] Even at the lower end of the spectrum, procedural fairness generally requires that applicants be provided with the information on which a decision is based so they can present their version of the facts and correct any errors or misunderstandings. Procedural fairness does not, however, require that applicants be provided with . . . [more]

The Saskatchewan Court of Appeal has been fully functional for almost the entire time period during the pandemic. The court has easily transitioned to web-based hearings at the end of March 2020, – as announced here. Hearings are being heard in their ordinary order, in the same numbers as before the pandemic.

Saskatchewan’s swift success in switching to online appeals is due to changes made over 8 years ago. Around 2012, the Court of Appeal switched to electronic filing and electronic case management by using the software eCourt. 

eCourt is an integrated electronic software system configured to meet

As it has with so many of our regular practices, the coronavirus crisis has highlighted or brought to the fore the advantages and disadvantages of the relationship between the law, private enforcement, social pressure and “snitching” in enforcing desirable social practices. . . . [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

SVBEV
Neil Guthrie

Oh, Mary Beard! Everyone’s favourite classicist. She perceptively notes that old-fashioned correspondence offered subtle gradations in formality, which we haven’t quite got right with electronic mail. Beard finds e-mail inappropriately informal, strangely unpersuasive, often annoying, not conducive to genuine expressions of thanks. … . . . [more]

As you read this, you are invariably working from home and avoiding social situations or public gatherings due to the current COVID-19 pandemic, so it might seem strange to be considering the law applicable to arcane procedural matters applicable to an annual general meeting (“AGM”) for various types of organizations. In fact, many AGMs have been postponed for the foreseeable future. Even worse, some might still be proceeding by way of online conferencing methods many had not even heard of several months ago. As well, the topic under consideration might be on the outer perimeter of what falls within the . . . [more]

This pandemic is a stark reminder of how our economies and societies are interdependent, and how the well-being of humans, other living beings, and ecosystems, are deeply connected. Only a healthy planet can support healthy people. Once this situation passes, humanity will be called to reflect on its relationship with nature and redouble its commitment to safeguarding the natural world and rebuilding a healthy and equitable planet for all.

-Dr. Grethel Aguilar, Acting Director General, International Union for the Conservation of Nature

It is a time of intensity, of worry, of loss, of the sense that nothing may ever be . . . [more]

While the courts haven’t closed, they’ve certainly slowed down. And if one thing that litigators are used to doing, it’s reading case law.

The Great Library at Law Society of Ontario has announced on Twitter that all licensees can obtain free access to Westlaw and Proview for 30 days. The initiative is intended to support remote workers and promote self-isolation, but us legal geeks will likely use it just to read interesting things.

Digital access to these resources are normally an extension of the services available to licensees through annual fees. LIRN subscribes to publisher collections to make this access . . . [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 Ju stice and collects, analyzes, enriches, and disseminates legal information in Québec.

FAMILLE : Malgré l’urgence sanitaire que représente la COVID-19, en l’absence de symptômes chez les personnes visées, il n’y a pas matière à modifier les modalités de garde et d’accès, de sorte que la demande du père, qui souhaitait que les droits d’accès de la mère s’exercent au moyen . . . [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 (March 12 – April 16, 2020 inclusive).

Appeals

Criminal Law: Delay; Verdict Deliberation Times
R. v. K.G.K., 2020 SCC 7(38532)

Section 11 (b) extends beyond the end of the evidence and argument at trial, . . . [more]