Canada’s online legal magazine.

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. Legal Feeds 2. Great LEXpectations 3. Reconciliation Syllabus 4. The Court 5. Risk Management & Crisis Response

Legal Feeds
The top stories Canadian lawyers read this year

Many of the nation’s most prominent lawyers-turned-politicians come to the fore of election news cycles — and 2019 was no

. . . [more]
Posted in: Monday’s Mix

Toronto Taxi Drivers Denied Class Action Over Uber Licensing

Toronto likely has the most educated taxi drivers in the world.

Long dismissed as an urban myth, a 2012 study by Citizenship and Immigration Canada confirmed that over 80% of taxi drivers in Toronto are immigrants, the highest in any city in Canada, and many of them are highly educated,

Overeducation occurs both among Canadian-born and immigrant taxi drivers, but is at a higher rate among immigrants, especially among recent and very recent immigrants.

The distribution pattern of field of study for postsecondary-educated taxi drivers is quite different between the Canadian born and immigrants. For the Canadian born, nearly

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

Coercive Control: What Should a Good Lawyer Do?

I am currently conducting research to determine whether coercive control can be considered psychological harm for the purpose of the future harm exception to confidentiality and solicitor-client privilege.[1] My research is supported by the OBA Fellowship in Legal Ethics and Professionalism Studies. In that research I’m determining whether a lawyer can disclose, but doing that research has provoked me to wonder whether a lawyer should disclose.

In December 2017, Andrew Berry murdered his children, six-year-old Chloe and four-year-old Aubrey. Berry was convicted of second degree murder. Sarah Cotton, the girls’ mother, feared Berry, claiming that he had made threats . . . [more]

Posted in: Legal Ethics

Failure and What Comes Next

People have been talking more about failure in recent years, and they have been listing the things that haven’t worked out for them on social media or in failure resumes. I have been thinking about this too. I confess I don’t feel comfortable broadcasting a list of my failures here because we live in a judgemental world, though I assure you they happen. That said I think I am relatively comfortable with failures (presumably as a result of regular exposure), so I thought I would take this opportunity of writing a column that will be published on Christmas Eve . . . [more]

Posted in: Legal Information

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

Endangered Species Alert: Correct Use of the Apostrophe
Neil Guthrie

You may have seen the news that John Richards, the founder of the Apostrophe Protection Society, has decided to call it quits after 18 years of fighting for the correct use of the troublesome punctuation mark. Part of the reason is that Richards, a retired journalist, is 96 and needs to scale back his activities. … . . . [more]

Posted in: Tips Tuesday

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. Labour Pains 2. Global Workplace Insider 3. Avoid a Claim 4. BC Injury Law Blog 5. Condo Adviser

Labour Pains
Time Spent as Independent Contractor Relevant Factor in Calculating Reasonable Notice

Is the amount of time spent as an “independent contractor” an appropriate fact for the court

. . . [more]
Posted in: Monday’s Mix

Pedagogical Utility of Controversial Content

Contrary to what you may have heard, there isn’t a crisis of free speech on campuses in North America. The evidence, as analyzed by the Niskanen Center, demonstrates otherwise.

This hasn’t prevented numerous states from introducing legislation around these concerns, or even the American President from signing an Executive Order around these concerns earlier this year.

That doesn’t mean that universities are free from controversy. There is pedagogical benefit to introducing conflicting viewpoints, but challenges in doing so effectively, as described in The Atlantic,

Schools teach many things. For the most part, though, they have not taught students

. . . [more]
Posted in: Education & Training: Law Schools

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.

CONSTITUTIONNEL (DROIT) : L’appel du jugement de la Cour supérieure ayant rejeté la demande de sursis provisoire quant à l’application des articles 6 et 8 de la Loi sur la laïcité de l’État est rejeté.

Intitulé : Hak c. Procureure générale du Québec, 2019 QCCA 2145
Juridiction : Cour d’appel . . . [more]

Posted in: Summaries Sunday

In Celebration of All the Other Lawyers

While attending the latest fête of yet another elderly, past-his-due-date lawyer, I was drawn into a hateful, envious reverie of what this passing generation benefited from: big game clients hunted down by golfing foursomes, cases settled over scotch, reputations defined by progeny than by proficiency, minorities oppressed, women suppressed, and partnerships by fiat and fealty but not effort and effect. Gazing warily into my sparkling glass, a thought slapped my face awake from reverie to reality: it is not so different now, than it was then.

As my attention fades in and out from the drone of the acceptance speech, . . . [more]

Posted in: Practice of Law

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

Top Ten Accessed Cases on CanLII From 2019 🌎

I was recently invited to a lunch where we were invited to consider both the end of the year and the end of the decade. This came as a surprise as I hadn’t thought about that simple matter of the two digits turning over this year. Since then, I was reminded that because there was no “zero” year, the end of the decade will actually not be for another year, but we all know that’s not the usual way of counting these things.

The end of the year means that we have reached the time when we like to look . . . [more]

Posted in: Legal Information

Towards Cyberjustice Retrospective, Part 5: What the Future Holds

As promised in our previous post, we are back to discuss the fourth and final chapter of our upcoming report detailing the pursuits of the “Towards Cyberjustice” Project (the other parts can be found here: part 1part 2part 3). Whereas our previous posts highlighted the various papers, studies and pilot projects conducted by the Cyberjustice Laboratory and its partners throughout this seven-year long venture, our final post is dedicated to the future avenues of research that were inspired by our accomplishments over these last years, which are also supported by the Social . . . [more]

Posted in: Dispute Resolution

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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