On June 16, 2019, the Assemblée nationale du Québec passed the Act respecting the laicity of the State. On its face, the Act would appear to be controversial, seeking to ensure the non-religious nature of the state,

2. The laicity of the State is based on the following principles:

(1)   the separation of State and religions;

(2)   the religious neutrality of the State;

(3)   the equality of all citizens; and

(4)   freedom of conscience and freedom of religion.

The very next day though, the Act was challenged on the basis . . . [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.

PÉNAL (DROIT) : La tenue d’un nouveau procès est ordonnée sous des chefs d’homicide involontaire par acte illégal et de négligence criminelle causant la mort visant un policier de la Sûreté du Québec qui, alors qu’il était dans l’exercice de ses fonctions, a déchargé son arme sur le jeune . . . [more]

Bringing British things across the pond is a hot Canadian trend. Prince Harry and Megan Markle are now our most famous immigrants. A Canada-U.K. free trade deal has apparently become a post-Brexit priority. And the Downton Abbey movie has raked in hundreds of millions of dollars from my parents and their friends.

While we’re at it, we should copy at least three aspects of legal services regulation as practiced in our erstwhile mother country. The U.K. has swept away many of the outdated and unnecessary restrictions on legal services that we still cling to. The payoff is better access . . . [more]

Written by Lewis Waring, Paralegal, Student-at-law, Editor, First Reference Inc.

In the federally regulated employment sector, working overtime hours is subject to a number of requirements under the Canada Labour Code. Although such legislation requires that any and all overtime work be compensated adequately, even providing such compensation does not ensure that employers in the federally regulated sectors are in compliance with their obligations. In a recent decision, an Ontario court decided an employer’s policy and labour practices regarding overtime hours failed to comply with the Canada Labour Code in a dramatic and broad class-action lawsuit brought by a . . . [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.

The Law of Work, Second Edition

Authors: David J. Doorey (with contributors for selected chapters)

ISBN: 978-1-77255-618-6
Publisher: Emond Publishing
Page Count: 696
Publication Date: March, 2020

Regular Price: $93 (print), $72 (e-book)

Excerpt: from Chapter 2, “A Framework for Analyzing the Law of Work,” pp. 20-26, in Part I: The Law . . . [more]

[see the full text on the SSRN (updated in March, 2020)]

The comment of the Treasurer of the Law Society of Ontario (Malcolm Mercer, its CEO) responding to my first article having the above same title, published in Slaw, on July 25, 2019, contains the following objections:

1. That I am wrong to say that law societies should be defending lawyers’ markets. He states:

Rather, the principal role of the Law Society under the Law Society Act (Ontario) is to (i) determine what legal services should appropriately only be delivered by licensees and the appropriate scope of practice

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.

Incomprehensible!: A Study of How the Legal System Encourages Incomprehensibility, Why It Matters, and What Can Be Done about It. By Wendy Wagner & Will Walker. New York: Cambridge University Press, 2019. xviii, 342 p. Includes bibliography and index. ISBN13 978-1107400887 (paperback) $39.95; ISBN13 978-1107008472 (hardcover) $102.95.

Reviewed by David . . . [more]

I’ve been a fan of paperless and virtual documents and signatures for a long time. Despite the advantages, many steadfastly stick to paper. Many are moving online, but are only part way there.

The transition to paperless and electronic signatures is not always easy, and there are roadblocks that can get in the way. Too often there are one or more steps in a process that require paper or a wet signature that bring things to a halt.

For example, in Ontario we can get articles to create new corporations online, but to amend or amalgamate, we need 2 original . . . [more]

The fresh spring air gives everyone a little jump in their step which makes it a great time to update your routine. Use this time to consider ways to your improve business relationships.

Business relationships are just like any relationship, they require a level of effort to maintain and grow. And just like other relationships, the best are mutually beneficial where both sides are willing to give and support each other. Here are few practices that will help you strengthen your relationships.

1. Make getting in contact part of your routine

Many people preach the idea of seven touches per year . . . [more]

Governments in Canada have yet to officially use phone data to track and trace people who may be infected with COVID-19. However, there has been discussion around using a system in Canada similar to Singapore.

In Singapore, the app being used to track and trace people who may have contracted COVID-19 is “TraceTogether”. TraceTogether uses bluetooth technology to track nearby phones. People can then opt-in to have their information provided to the Ministry of Health if they test positive for COVID-19. Once the Ministry has the information, it alerts people who came across the infected person.

In Canada, a . . . [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. Lifechoice Ltd. v Adams, 2019 CanLII 28274 (AB ESU)

[28] Like most commissioned salespeople, the Respondent’s income was dependent in whole or in part on her sales success. The fact an individual is paid commission does not remove him or her from the definition of “employee” under the Code. There must be some indicia of entrepreneurial activity on the part . . . [more]

The Ontario government has been making orders under the Emergency Management and Civil Protection Act (EMCPA) to address the coronavirus epidemic. It has quickly advised of the orders through press releases on the Ontario government news website. The orders take the form of regulations (and orders in council and sometimes only orders in council). However, it has not always been as quick — or quick enough — to post the regulation itself under the EMCPA. This is a problem. . . . [more]