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. College of Physicians & Surgeons of Alberta v. Collett, 2019 ABCA 461

[141] Section 118(4) allows the complaints director who has lawfully exercised the authority under section 118(1) to direct the regulated member to cease practicing medicine until the complaints director receives the results of the examinations ordered under section 118(1).

[142] The complaints director’s exercise of his or her authority . . . [more]

It’s really not surprising that a court would find an organization that calls itself “Church of Atheism” is not a religion. But one has to ask, why couldn’t the Church of Atheism be a religion; it had many of the attributes — kind of. What is “religion”, anyway? Does it depend on context? The Federal Court of Appeal in Church of Atheism of Central Canada v. Canada (National Revenue) waded into the meaning of religion when it upheld the Minister of National Revenue’s decision that the Church of Atheism was not a religion and thus not eligible for charitable status . . . [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.

Practice

Celebrate Success
Sandra Bekhor

The holidays are just around the corner. Everyone looks forward to the cards, lunches, gifts, parties and general good cheer this time of the year. Maybe in some small way, it makes up for the cold! …

Research & Writing

‘This Matter Is Very Confidential’
Neil Guthrie

This cautionary note was included (in red, boldface type!) in one of the e-mail notices that go . . . [more]

The Federation of Law Societies of Canada on October 19, 2019 adopted changes to the model code of conduct, adding commentary on competence with technology.

There is no new standalone duty of technological competence, but rather the FLSC has provided new guidance on how the general duty of competence should be understood with regard to technology.

The new guidance is phrased as follows:

[4A] To maintain the required level of competence, a lawyer should develop an understanding of, and ability to use, technology relevant to the nature and area of the lawyer’s practice and responsibilities. A lawyer should understand

Lawyers love awards. So much so that they have become in some quarters such a questionable marketing practice that the Law Society of Ontario has special commentary for them under the Rules of Professional Conduct,

4.2-1 A lawyer may market legal services only if the marketing

(a) is demonstrably true, accurate and verifiable;

(b) is neither misleading, confusing, or deceptive, nor likely to mislead, confuse or deceive; and

(c) is in the best interests of the public and is consistent with a high standard of professionalism.

…

[3] Examples of marketing that do contravene this rule include…

(e) referring

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.

DROITS ET LIBERTÉS : La Cour d’appel confirme que les propos tenus par Mike Ward à l’endroit de Jérémy Gabriel, lequel est atteint du syndrome de Treacher Collins, sont de nature discriminatoire et qu’ils ont eu pour effet de compromettre le droit de ce dernier à la reconnaissance en pleine . . . [more]

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):

• Insolvency Lawyer (Full-time) | Toronto, ON
  (The Heller Group)
• Construction Lawyer–Senior Associate or Partner (Full-time) | Toronto, ON
  (The Heller Group)
• Senior Legal Counsel (Full-time) | Toronto, ON
  (The Heller Group)

Written by Daniel Standing LL.B., Editor, First Reference Inc.

The recent case of the Federal Court of Canada, Chapman v Canada (Attorney General), 2019 FC 975 (CanLII) involved the issue of procedural fairness in the context of a disciplinary investigation. A complaint of wrongdoing was made against a high-ranking public servant who was not provided any particulars of the allegation. Due to a variety of factors, the Court determined that the employee had been denied an opportunity to fully respond to the allegations. As there had been a breach of procedural fairness, the Court ordered that the matter be . . . [more]

On-line reviews have become incredibly important for professionals to build their client base. Entire industries have been built on the notion that one person’s experience – even someone you do not know – is a tool used to judge ones abilities. We do it all the time with restaurants, stores, apps, and on and on. More and more on-line reviews are being used when people choose service providers.

It used to be when you needed a lawyer, you would reach out to someone you know and hope they knew someone. This may have led you to a tax lawyer when . . . [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 movement toward speedy adjudication of payment disputes in the construction and technology sectors seems to be gaining some momentum this fall, with new programs being launched in Ontario and England.

In England, the Society for Computers and Law (SCL) has launched a new adjudication process for resolution of technology disputes, following several years of study and industry consultation.

SCL was established to educate legal and technology professionals and promote “best practice” for the technology sector in the UK. It identified a need for faster, cheaper resolution of disputes involving long term, high value, and technically complex technology contracts.

Adjudication . . . [more]