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. Canadian Appeals Monitor 2. Inter Alia Law Blog 3. IP Osgoode 4. Susan On The Soapbox 5. BC Injury Law Blog

Canadian Appeals Monitor
Enforcing the Unenforceable: Limited Partners May be Bound by Unauthorized Conduct of General Partner

In a limited partnership, a general partner runs the

. . . [more]
Posted in: Monday’s Mix

Could You Build a Law Library From Nothing?

I have worked in several law libraries, and I can remember the way each one felt when I first saw them; full of beauty and potential, but completely overwhelming. With each new library I would take a tour while someone knowledgeable about the collection explained where various things could be found, and each time I tried to take it all in, knowing full well that it would be months before I would feel confident that I could find anything. A new collection feels like a massive challenge to learn, and while I’m finally feeling more confident in my current position, . . . [more]

Posted in: Legal Information

Bad Faith Abounds at Landlord Tenants Tribunal

Over 6 months after many landlords in Ontario claimed that some tenants were using the pandemic as an excuse to not pay rent, it’s becoming increasingly clear that many landlords themselves are using these circumstances to violate the Residential Tenancies Act, 2006.

The Landlord Tenant Board (LTB) has been described as “chaos,” as early as late 2020, and the circumstances since that time have not improved. The province’s Digital First Strategy was intended to save money and improve efficiencies, and probably works best in court proceedings where all the parties are represented.

At the LTB, most tenants are rarely represented, . . . [more]

Posted in: Justice Issues, Substantive Law: Judicial Decisions

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.

RESPONSABILITÉ : Le Bureau des enquêtes indépendantes a excédé sa compétence, a poursuivi une finalité impropre et a agi de façon déraisonnable dans l’exercice de son pouvoir discrétionnaire en publiant un communiqué de presse non conforme à ses buts et à son essence ainsi qu’au Règlement sur le déroulement des . . . [more]

Posted in: Summaries Sunday

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:

. . . [more]
Posted in: Friday Jobs Roundup

Review of Bill C-30 HR and Payroll Measures

On June 29, 2021, the Budget Implementation Act, 2021, No. 1, (introduced as Bill C-30) received royal assent in the Senate and is now law. Provisions in the new law will come into force at various dates and by proclamation. The new law allows the creation of the Canada Recovery Hiring Program, the extended Canada Emergency Wage Subsidy to September 25, 2021, and other HR and payroll measures explained in this article. . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

Book Review: A Great Revolutionary Wave: Women and the Vote in British Columbia

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.

A Great Revolutionary Wave: Women and the Vote in British Columbia. By Lara Campbell. Vancouver: UBC Press, 2020. 310 p. Includes photographs, illustrations, table of contents, bibliographic references, and index. ISBN 9780774863223 (hardcover) $27.95; ISBN 9780774863254 (eBook) $27.95. 

Reviewed by Dominique Garingan
Library Manager, Calgary
Parlee McLaws LLP
In CLLR . . . [more]

Posted in: Book Reviews

Wednesday: What’s Hot on CanLII

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. Arksey v Sky Zone Toronto, 2021 ONSC 4594 (CanLII)

[58] The exclusions here do not undermine the terms of the agreement. The defendant was not deceptive in the least. The defendant is not, for example, promising insurance coverage, and then taking it away in exclusions in the small type. The deal here was that the plaintiff could use the defendant’s facility . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Avoid the “Advice Trap” – What Does This Mean for Legal Professionals?

I have an advice monster – there, I said it! I admit that when people share their challenges and problems with me, I feel compelled to jump in and provide advice i.e., “here are some things you could do to fix this”.

I can already hear objections from my legal profession colleagues: “Isn’t that why people come to us, for our advice?” That was certainly my first reaction. I’m asking you to hold that thought and read on. I think there is much more to this.

My mediation training taught me the power of questions and coaching, as well as . . . [more]

Posted in: Dispute Resolution

Using Inclusive Language

I vow to be actively anti-racist.

Part of fulfilling this very personal vow relates to the language I use. Ensuring that others perceive my words and writing as inclusive is an important step. I am delighted that on Friday, July 9 I will have an opportunity to learn more about inclusive language from Grant Yocom. The webinar is being made available to members of the Canadian Association of Law Libraries, and though free to register for members, is also available to anyone who wishes to join. Register here.

CALL/ACBD Webinar: Inclusive Language
Friday, July 9, 2021
2:00 – 3:30 PM
. . . [more]

Posted in: Education & Training

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

Proofread fail
Neil Guthrie

I think’s how the kids would express what happened to a California judge. A better way to describe it might be ‘an embarrassing example of assuming the junior person who’s working for you will have done the proofreading in the first place, and that you don’t need to check things yourself.’ … . . . [more]

Posted in: Tips Tuesday

A Very Special Clarification From Ontario’s Law Society Tribunal: Lawyers Can Advertise That They “Specialize” Without Being a “Specialist”

Rule 4.3-1 of Ontario’s Rules of Professional Conduct states “A lawyer shall not advertise that the lawyer is a specialist in a specific field unless the lawyer has been so certified by the Law Society.” Similar rules are in place in other jurisdictions, although the precise language varies.[1]

The reason for the rule is straightforward. The LSO has a Certified Specialist program, intended to assist the public in determining which lawyers “have met established standards of experience and knowledge requirements in one or more designated areas of law and have maintained exemplary standards of professional practice.”[2] The . . . [more]

Posted in: Legal Ethics