When the Ontario’s Libel and Slander Act was amended in 2015 under the Protection of Public Participation Act, the explicit purpose of implementing the 2010 recommendations by the Anti-SLAPP Advisory Panel. Since that time, the interpretation of these provisions continue to evolve.

This past week, the Ontario Court of Appeal released its decision in Lascaris v. B’nai Brith Canada, overturning the decision of the Superior Court of Justice that had granted the anti-SLAPP motion under s. 137.1(3) of the Courts of Justice Act to dismiss the action.

Justice Rady of the Superior Court outlined the public interest purpose . . . [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.

ACTION COLLECTIVE (RECOURS COLLECTIF) : Sauf en ce qui a trait au calcul des intérêts et de l’indemnité additionnelle, la Cour d’appel confirme le jugement de première instance dans l’action collective ayant condamné les compagnies canadiennes de cigarettes au paiement de plusieurs milliards de dollars en dommages compensatoires et punitifs. . . . [more]

The fees charged by many family law lawyers are out of reach for even middle-income Canadians and, in some underserved areas of the country, there aren’t enough family law lawyers to meet the needs of even those who can afford their services. As a result, an enormous number of people are entering the court system without the benefit of counsel, some by choice but most by necessity. However, the court system is difficult to navigate, even for those with an advanced education. Further layers of complexity are added by the intertwining of legislation and uncodified case law that is characteristic . . . [more]

Lack of access to family justice and the increase in self-representation in family proceedings are growing concerns. According to the Ministry of the Attorney General’s Family Legal Services Review (the Bonkalo Report) in 2016, in over half of all family cases in Canadian courts, one or both parties are not represented by counsel. The report made several recommendations to the Ministry and the Law Society of Ontario, including the need to support the expanded use of legal coaching and other unbundled legal services, and the need to address liability concerns for counsel who are willing to act under . . . [more]

In France, the right to disconnect was made law on January 1, 2017, “requiring employers to have clear policies in place regarding when employees engage in workplace communication outside of the office and when on vacation.” This law is because of a French Supreme Court Case in 2001 that “held that “the employee is under no obligation either to accept working at home or to bring there his files and working tools”. In 2004, this principle was confirmed again by the French Supreme Court which added in this case, “the fact that [the employee] was not reachable on his cell . . . [more]

I was bemused, recently, when a highly-respected and knowledgeable professional publisher intimated to me a partial preference, presumably based on a degree of evidence, for content which was aimed at lawyers, that did not rely on or make significant reference to rules. It caused me to ponder, as a sometime law publisher and one who holds certain systems of rules in high esteem, on their value, not least for purposes of providing information to lawyers and their like.

It is not within my competence to attempt to deal in any depth with the complex jurisprudential analysis that has always . . . [more]

Recently the Toronto Star published an article on abusive workplaces for articling students. Although the broad range of abuse was not covered, it has been noted before by Dean Adam Dodek that the abuse ranges from unpaid or underpaid work, termination without cause, harassment, and the absence of proper supervision or feedback. In response, Dean Dodek called on the Law Societies to investigate the abuse of articling students. He suggested that qualitative and quantitative research be done.

I would add that in addition to research, Law Societies should allow Alternative Business Structures. I suspect that part of the reason . . . [more]

It’s common knowledge that lawyers suffer from disproportionately high rates of depression and addiction, while at the same time there’s the sense that they can’t really talk about what’s bothering them without breaching solicitor-client privilege, or raising questions about their own suitability for the job.

We blame it on various factors: the length and stress of the working day, and on the particular personalities lawyers tend to bring to the table. But for many lawyers the depression and addiction may also be a sign of vicarious trauma – lawyers traumatized by dealing with the traumatized, and by not always being . . . [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. R. v. Plange, 2018 ONSC 1657

[38] In my view, to sentence this offender, one without any prior criminal antecedents, to a penitentiary term would shock the conscience of the community. Not all lies are cast from the same mold and of the same gravity. Further such falsehoods may catch a more than insubstantial number of otherwise law abiding people. It . . . [more]

Former attorney general Jody Wilson-Raybould’s resistance to the pressure by various actors to instruct the director of public prosecutions to offer to negotiate a remediation agreement (the Canadian name for a deferred prosecution agreement) with SNC-Lavalin and her testimony before the House Judiciary Committee have been explained in different ways: respect for the rule of law and the role of the attorney general, a lack of pragmatism or political experience, too much sense of self, a desire for revenge. The difference between the prime minister’s and other members of government’s relationship to political interference, and the clerk of the privy . . . [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

That Awful Extra ‘of’
Neil Guthrie

You’ve already been advised in a previous post not to say outside of or inside of. The of is both unnecessary and incorrect in each case. Of creeps in elsewhere, where it should not. As in the shudder-inducing off of, Please, just off. Or perhaps from (I got it from the internet, not off of). …

Technology

Restore Support for . . . [more]