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.

Law’s Indigenous Ethics. By John Borrows. Toronto: University of Toronto Press, 2019. vii, 381 p. Includes bibliographic references and index. ISBN 978-1-4875-0491-5 (hardcover) $59.73; ISBN 978-14875-23555-8 (softcover) $39.95; ISBN 978-1-4875-3115-7 (eBook) $39.95.

Reviewed by Mary Hemmings
Law Librarian and Instructor
Faculty of Law, Thompson Rivers University
In CLLR 45:1

John Borrows . . . [more]

In the Internet age, contracts of adhesion are common. Consumers routinely confirm their acceptance to terms and conditions that they have not read or understood.

In Apps v. Grouse Mountain Resorts Ltd., 2020 BCCA 78, the court addressed when contracts of adhesion are binding. In this case, a snowboarder from Australia was injured in the terrain park. He brought an action for negligence, the failure to warn, and for breaching the Occupiers Liability Act. The BC Court of Appeal found that the trial judge erred in upholding the waiver.

The plaintiff Mr. Apps raised “an issue that has . . . [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. West Edmonton Mall Property Inc v Proctor, 2020 ABQB 161 (CanLII)

[116] The tweets and pronouncements of Donald Trump do not confer upon Ms. Proctor a license to defame anyone, even in her emulation of him. There is no legal paradox operating here. I assess Ms. Proctor’s conduct toward the Ghermezians and their organizations according to Alberta law. I do not . . . [more]

A puzzling question: where on a Saturday morning might you find 35 creative professionals – designers, artists, writers, technologists, and more – donating their time and expertise to help generate support for bail reform in Ontario?

The answer: why, of course, you’ll find them squeezed into a conference room at the Law Society of Ontario!

On Saturday February 1st, a diverse group of creatives – armed with coffee, muffins, flipcharts, sticky notes, and sharpies – excitedly dove into a 6-hour design sprint to find new ways to create enthusiasm for bail reform.

The Law & Design CoLab’s fourth . . . [more]

The federal government has now introduced changes to its legislation on medical assistance in dying (MAiD) in response to the Truchon decision. The existing Criminal Code provisions, enacted after the Supreme Court of Canada’s decision in Carter, had been criticised on several grounds, particularly in requiring death to be “reasonably foreseeable” before someone is eligible for medical assistance in dying. The 2019 Quebec Superior Court decision in Truchon held that the foreseeability requirement in the Criminal Code and the parallel Quebec provision in that province’s End-of-Life Care Act are unconstitutional. The government’s Bill C-7 is in response to Truchon . . . [more]

When the SARS outbreak struck Canada (and the world) in 2003 it was not only a lesson in public health preparedness. This tragedy also offered some lessons for those of us in legal.

What were the responsibilities of employers, employees? What was the purview of the state? What responsibilities did Canada have under International Conventions? What about the World Health Organization and the US Center for Disease Control? Who did the public listen to?

As we prepare for COVID-19 it is extremely useful to look at the legal literature that came out a few years post-outbreak. For example, volume 43, . . . [more]

It is pretty clear that, in the past, lawyers did a great job disrupting themselves.

The term “disruption” comes from Clayton Christensen’s observation that the ability of a company to make a higher and higher performing product always outstrips the ability of customers to make use of these performance improvements. As technology pushes a product’s performance into “performance oversupply,” it changes the circumstances of the market. It becomes harder for to sustain attractive profit margins on the product. Companies in other parts of the value chain can begin to steal market share, or “disrupt” the incumbents. Companies find themselves . . . [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

Of Bad Business Jargon There Is No End
Neil Guthrie

Some further things to expunge from your professional (and non-professional) vocabulary. Availability: This is, like functionality, a multisyllabic word that can usefully be replaced by something short and simple – and therefore clear and direct. … . . . [more]

In a recent Law Society continuing education program on Indigenous Law Issues 2019, former Justice Harry LaForme offered a critique on the failure to appoint indigenous persons to the bench. In so doing, he made pointed comments regarding J0dy Wilson Raybould, Beverly McLachlin and Kim Campbell, three key influencers in making such appointments. He described the performance of Wilson Raybould as “sad”, and the reported statements of McLachlin and Campbell as “patronizing” or worse.

(LaForme’s remarks may be reviewed in full on the unique service provided by the Law Society which provides web access to continuing education programs offered . . . [more]

One of the greatest advantages of corporations as a vehicle for developing capital in society is that they usually transcend the lifetime of any particular founding individual. Corporations do not necessarily live forever though, and the winding up or bankruptcy of a company can give rise to some complexities around the division of assets.

The Companies’ Creditors Arrangement Act (CCAA) was first enacted in 1933 during an economic depression, and found to be constitutionally valid in a 1934 reference. Its purpose was described by the British Columbia Court of Appeal in Chef Ready Foods Ltd. v. Hongkong Bank of . . . [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) : Une agente de l’Agence des services frontaliers du Canada échoue dans son appel des verdicts de culpabilité prononcés par un jury sous des accusations d’importation de 182 kilogrammes de cocaïne et d’abus de confiance ainsi que dans son appel de la peine globale d’emprisonnement de 10  . . . [more]