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.

FAMILLE : Le juge de première instance a commis une erreur révisable en refusant de rétracter le jugement ayant prononcé la déchéance de l’autorité parentale du père car, d’une part, le délai de 48 mois établi par la jurisprudence pour conclure à un abandon n’a pas été dépassé et, d’autre . . . [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):

• Policy Counsel (Contract Role) | Ottawa, ON
  (Federation of Law Societies of Canada)
• Associate Lawyer, Class Actions (Full-time) | London, ON
  (Harrison Pensa LLP)
• Litigation Support (Part-time) | Toronto, ON
  (Patrick John O’Sullivan Professional Corporation)
• Lawyer Opportunities

The ex-CEO of General Electric for a time had an empty corporate jet follow his own corporate jet “just in case.”

But it was a paragraph in his explanation letter that I found most instructive:

“Given my responsibilities as C.E.O. of a 300,000-employee global company, I just did not have time to personally direct the day-to-day operations of the corporate air team. I had every right to expect that it was professionally run. Other than to say ‘Hello,’ I never spoke to the leader of corporate air in 16 years.” [emphasis mine]

Now GE has lots of money invested . . . [more]

Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Understanding Justice Needs: The Elephant in the Courtroom

Hague Institute for Innovation of Law (HiiL) | November 2018

Excerpt: Project Introduction & Chapter 6: Enabling the Justice Sector Transition

Project Introduction

For the first time, we quantify and pinpoint the yearly need for fair solutions. In this report, we estimate that each . . . [more]

Is an electronic signature valid in law? Twenty-five years after the Internet was opened to commercial use, that may seem to be a surprising question. An off-the-cuff response might be, “why shouldn’t it be?” The law does not prescribe a form or medium for a signature. Any method of associating a legal entity (human being, corporation, government) with a piece of information (document, text, inscription) will do the job, if the legal entity had the intention that the association should be for the purpose of signing it.

A signature may have many purposes, of course: to indicate consent, to show . . . [more]

There’s change on the horizon for Manitoba’s legal community, and not everyone is on board with it.

If you’ve ever read my posts here (and I haven’t written in quite a while, so you may not have), you will likely not be surprised to learn that I support the current efforts of Legal Aid Manitoba to seek permission from the Immigration and Refugee Board of Canada (“IRB”) to use trained advocates rather than lawyers to represent asylum-seekers where appropriate to do so.

According to this CBC News report, Legal Aid Manitoba is seeking to have its advocates not only . . . [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. Heller v. Uber Technologies Inc., 2019 ONCA 1

[3] The appellant commenced this proposed class action on behalf of “[a]ny person, since 2012, who worked or continues to work for Uber in Ontario as a Partner and/or independent contractor, providing any of the services outlined in Paragraph 4 of the Statement of Claim pursuant to a Partner and/or independent contractor agreement” . . . [more]

Traditionally, most businesses used software installed on their own systems that was documented by a software license. 

It is becoming more common to use cloud based software or SAAS that is documented by a services agreement.  

One difference is that there can be multiple layers. The services agreement may be subject to or intertwined with a software license, a cloud platform provider, and a reseller. Those can all be different parties with different terms. Each layer may impose the terms of underlying providers.  

The business using the services can be stuck with the terms of the agreements and parties underneath  . . . [more]

In its first major decision of 2019, the Supreme Court of Canada has held that Canadian citizens who have been residing outside Canada for at least five consecutive years are entitled to vote in federal elections, contrary to provisions in the Canada Election Act. Although the prohibition was first enacted in 1993, until 2007 Canadians living abroad could reestablish the connection considered necessary to vote — and begin to recount their five years — by returning from time to time; however, as of 2007, Canadian had to reestablish residency in Canada before they could vote. (Exceptions were members of . . . [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.

Technology

How to Save a Specific Paragraph From a Decision From CanLII on Lexbox
Alisa Lazear

Lexbox was designed to make your legal research faster and easier. To help you use Lexbox to the best of its ability, we are sharing Lexbox tips with you from time to time. Here’s one if you are using Lexbox on the CanLII website. Today’s tip is about saving a specific paragraph from . . . [more]

A year ago in this blog, I addressed York University’s appeal of the federal court’s decision against its clams to “fair dealing” in its instructors’ reproduction of course materials in Canadian Copyright Licensing Agency (CCLA) v. York University. I am returning to this case, even as the appeal proceeds, because I’ve begun to think that it reveals the extent to which the Copyright Act is currently unable to serve both party’s legitimate rights and interests.

Judge Michael L. Phelan’s ruling in the original case, rendered July 12, 2017, denied York’s claim that the copying of materials by instructors . . . [more]

The US federal government has been in partial shutdown since just before Christmas 2018.

There has been a lot of well deserved focus on how the shutdown is affecting the hundreds of thousands of US federal employees who are not being paid. Or air travel. Or the poorly housed. The list goes on.

Many observers are now starting to worry about how this will impact access to various kinds of government and legal information south of the border.

The American Association of Law Libraries (AALL) issued an eBriefing today on the Impact of the Partial Federal Government . . . [more]