Evidence-based research in law is necessary. Without it we rely on assumptions and anecdotes which, however practical or logical they may seem, can lead to egregious and unanticipated outcomes. At best, this might mean misunderstandings about the effectiveness of legal services; at worst the result could be misspent resources that make legal services even more inaccessible than they are now. Take the following as an example. One of the main arguments in favor of expanding the types of legal services that paralegals are authorized to provide is the lower cost of paralegal services relative to the cost of legal services . . . [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. Smith v Obuck, 2019 ABQB 593

[351] The Plaintiff’s misrepresentations made to get on CWD cast a shadow on his credibility. Had there not been the other corroborating evidence to support the Plaintiff’s evidence of ongoing back pain since the Accident, the outcome may have been different. However, when the evidence as a whole is considered, I am satisfied that the . . . [more]

A lawyer should be a loyal ally for a person with a legal need. This loyalty is at the core of our profession’s value proposition to society. Thus, legal ethics strives to guarantee devoted service to clients. Conflict of interest rules prohibit all situations creating “substantial risk” that the lawyer’s loyalty to a client “would be materially and adversely affected by the lawyer’s own interest.” Lawyers, as fiduciaries, must be “concerned solely for the beneficiary [client]’s interests, never the fiduciary [lawyer]’s own.”

There is, however, a glaring exception to the duty of selfless loyalty to clients. Lawyers are allowed . . . [more]

Recently, the chief justice of Canada, The Honourable Robert Wagner, suggested that appointments to the appellate courts might beneficially echo the process for appointment to the Supreme Court of Canada, with the introduction of legislative hearings into the nominee. As reported in The Globe and Mail, the chief justice argued that public nomination hearings would add to the transparency that he is seeking to bring to the judicial process and would increase trust in the judiciary; he explained, “the best way to avoid bias and prejudice is to inform the people.” Based on the process for SCC nominees, is . . . [more]

One of the substantial concerns about the implementation of artificial intelligence (AI) in the legal space is about bias, and evidence has shown that this concern is warranted. Given the urgency of this topic as these systems are being sold and deployed, I was happy to be able to speak about it at the Canadian Association of Law Libraries Conference in May and the American Association of Law Libraries in July. Here are some of my thoughts on AI that may not have made it into the presentations.

First some discussion of AI itself — while it’s fun to talk . . . [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

Finding Internet Sources Cited in SCC Judgments
Susannah Tredwell

When you are trying to find a source that has been cited online, it can be very frustrating to discover that the link no longer works. …

Practice

National Self-Represented Litigants Project Report Now on CanLII
Melanie Hodges Neufeld

CanLII recently announced that 22 reports from the National Self- Represented Litigants Project (NSRLP) are now available on . . . [more]

Corporations are essential to the modern economy. They allow for the organization and strategic application of capital in focused manner that allows for wealth to grow, and have been a fundamental legal innovation for the emergence of the capitalist economy.

Of course, corporations as legal entities are a legal fiction that converts what would otherwise be a piece of property into a party with its own free-standing rights. These rights are limited, however, and continue to be defined.

The Court in cases like Irwin Toy Ltd. v. Quebec and British Columbia Securities Commission v. Branch confirmed that although they enjoy . . . [more]

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 (July 12 – August 8, 2019 inclusive).

Appeals

Criminal/Military Law: Trial by Jury
R. v. Stillman, 2019 SCC 40 (37701)(38308)

S. 130(1) (a) of the NDA is not inconsistent with s. 11 (f) of the . . . [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 Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

MUNICIPAL (DROIT) : La Cour supérieure alerte le législateur quant au procédé déloyal auquel la Ville de Hudson a eu recours en manoeuvrant pour tirer un avantage indu de la courte prescription de 6 mois prévue aux articles 585 et 586 de la Loi sur les cités et villes à . . . [more]

A recent British Columbia Court of Appeal decision confirmed that the stringent test set out in Health Sciences Assoc of BC v Campbell River and North Island Transition Society (B.C.C.A., 2004 “Campbell River“) to determine if there was a duty to accommodate based on family status and if there is a prima facie case of discrimination based on family status, continues to be the applicable test in British Columbia. . . . [more]