Canada’s online legal magazine.

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.

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]

Posted in: Tips Tuesday

Isn’t That Special – What Should That Resolution Say?

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]

Posted in: Administrative Law

Recreating Canada

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]

Posted in: Justice Issues

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. Double Aspect 2. Clicklaw Blog 3. Canadian occupational health & safety law 4. The Lean Law Firm 5. Robeside Assistance

Double Aspect
Inter vira enim loquuntur leges – The pandemic and delegation of power to the executive

Writing in La Presse earlier this week, Martine Valois raises

. . . [more]
Posted in: Monday’s Mix

Legal Libraries Go Digital During Pandemic

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]

Posted in: Legal Information: Libraries & Research

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 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]

Posted in: Summaries Sunday

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 (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]

Posted in: Summaries Sunday

“Trial by Zoom”: What Virtual Hearings Might Mean for Open Courts, Participant Privacy and the Integrity of Court Proceedings

It’s not business as usual in Canadian courts. The COVID-19 pandemic has upended court operations, just as it has upended every other aspect of daily life. One response to the need to ensure physical distancing has been to move in-person court hearings to virtual formats. Beyond the utility of virtual hearings as short term emergency measures, there is reason to believe that this moment may well mark the start of a shift toward increased use of virtual hearings in the longer term. In discussing the impact of COVID-19 on courts, the Chief Justice of the Ontario Superior Court has stated . . . [more]

Posted in: Legal Ethics

On Gut Punches And Optimism

The Chairperson of the American Bar Association Center for Innovation, Dan Rodriguez, resigned his position suddenly in February of this year, more than a year before the planned end of his term. The move was a surprise, and coincidental with the controversial conclusion of the Center for Innovation’s efforts to have the larger ABA adopt policy statements in favour of experimentation in regulatory reform.

Official statements suggest that the departure was not a result of the vote, specifically. But it seems likely Rodriguez’ departure was related to the larger political machinations.


Among legal technologists it is generally accepted that there

. . . [more]
Posted in: 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. R v. Rajan, 2020 ONSC 2118 (CanLII)

[68] While the tertiary ground reasons for detention are based on a visceral reaction against release–a somewhat abstract notion premised on gauging the reasonable views of the public–the threat of COVID-19 in a jail setting is based on cold, hard scientific reality.

[69] The two must be counterbalanced against each other. The traditional grounds for . . . [more]

Posted in: Wednesday: What's Hot on CanLII

The Importance of Civil Justice Indicators

Law touches many aspects of daily life. We skim and (hastily) agree to user agreements in order to stream music and videos online, sign lease agreements for housing, hydro contracts for hot water and electricity, and employment contracts that outline terms and conditions for work. The everyday legal problems landscape is rife with disputes with employers and neighbors, arguments over money owed, contentious divorces, and many other civil justice problems. The recent economic and social pressures created by the COVID-19 crisis have certainly not improved things. Everyday legal problems carry legal ramifications and profound personal, financial and social consequences. Much . . . [more]

Posted in: Justice Issues

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.

Technology

Get Free Help With Publishing Reference Docs Online During COVID-19
Emma Durand-Wood

In the midst of the COVID-19 pandemic, the Canadian legal tech industry is stepping up to help. Joining Clio and Optimize Compliance in offering generous assistance during this challenging time is Lexum, which today made the following announcement: Need to Provide Open Access to Key Documents and Materials? Lexum Will Help at No Cost. …

Research . . . [more]

Posted in: Tips Tuesday

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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