Canada’s online legal magazine.

Lawyers Need to Be Able to Identify When Clients Have Experienced Abuse

On Friday (January 25th), The Globe and Mail reported on a new risk-assessment tool being developed by Deepa Mattoo, the legal director of the Barbra Schlifer Commemorative Clinic. This much-needed assessment tool joins others that have been recommended or are in development, primarily related to family court matters. While it is important that practising lawyers and judges, among others, learn to recognize the signs of abuse, it is also crucial that law students are prepared to work with clients who appear to have experienced abuse, as well as possible abusers. In 2012, the Law Commission of Ontario released a . . . [more]

Posted in: Education & Training

2018 ABA Legal Technology Survey Highlights

Every year the American Bar Association sends out a survey to tens of thousands of attorneys requesting information about several area. The 2018 survey contained six questionnaires covering the following:

  1. Technology Basics & Security
  2. Law Office Technology
  3. Online Research
  4. Marketing & Communication Technology
  5. Litigation Technology & E-Discovery
  6. Mobile Lawyers

The complete survey is available for purchase from the ABA at https://www.americanbar.org/products/ecd/ebk/350226911/. It’s not cheap, but packed with useful information. We’ll cover a few of the highlights here. Each volume is available separately, but you’ll need the complete publication to appreciate all the technology that lawyers use and the trends . . . [more]

Posted in: Legal Technology

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. IP Osgoode 2. Legal Feeds 3. Alcohol & Advocacy 4. First Reference 5. Know How

IP Osgoode
Enforcing Your Crypto Contracts and Avoiding Criminal Transactions

Every month, TorontoStarts hosts a Toronto Cryptocurrency Conference focusing on a different aspect of cryptocurrency and blockchain technology. One of these events

. . . [more]
Posted in: Monday’s Mix

A Judge’s Job Is Not a Minister’s Adviser

Tax law is no easy business. There are lots of complicated and seemingly conflicting rules, and tax litigation can come across as quite technical. Perhaps to add some animation to tax litigation proceedings, judges can add some clever wit buried in their decisions.

In 2015, a private corporation earning rental income was eligible for a dividend refund under subsection 129(1) of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.), but failed to do so due to health problems of its principal. It applied for relief from the Minister under the discretionary taxpayer relief professions in subsections . . . [more]

Posted in: Substantive Law: Judicial Decisions

Summaries Sunday: OnPoint Legal Research

One Sunday each month OnPoint Legal Research provides Slaw with an extended summary of, and counsel’s commentary on, an important case from the British Columbia, Alberta, or Ontario court of appeal.

Clancy v. Clancy, 2018 BCCA 448

Adam v. Insurance Corporation, 2018 BCCA 482

AREAS OF LAW: Insurance law; Personal injury; Hit and run; Definition of “highway”

~A sandbar that is used by members of the public to access fishing areas, but is not maintained or improved by public entities, is not a “highway” for the purposes of the Insurance (Vehicle) Act.~

BACKGROUND

This case . . . [more]

Posted in: Summaries Sunday

Summaries Sunday: Supreme Advocacy

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 (December 21, 2018 – January 25, 2019 inclusive).

Appeals

Constitutional Law/Charter: Right to Vote
Frank v. Canada (Attorney General), 2019 SCC 1 (36645)

A.G. Canada concedes the limit on the voting rights of . . . [more]

Posted in: Summaries Sunday

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.

PERSONNES : Même si le CHUM a prouvé qu’il était urgent de soigner un patient dont les membres sont nécrosés par des engelures, imposer à ce dernier une amputation des jambes à ce stade-ci aurait des conséquences néfastes plus importantes que les effets bénéfiques qu’il pourrait en tirer.

Intitulé :  . . . [more]

Posted in: Summaries Sunday

The Conundrum of the Difficult Client

From the moment I created my first public legal education family law website, BC Family Law Resource, in 2001, I have been contacted by people from across Canada, mostly in British Columbia, dealing with difficult family law issues on their own. Although a study of the users of the website’s current incarnation, JP Boyd on Family Law, found that a significant share of users are legal professionals, it was litigants without counsel and people simply browsing for legal information who I originally set out to help.

In the years that passed, hundreds, maybe thousands, of people have gotten in . . . [more]

Posted in: Justice Issues, Practice of Law

Friday Roundup: Slaw Jobs

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):

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

What Makes for a Good Lawyer Leader/ Manager?

It’s common that the type “A” personality attracted to the practice of law would similarly be enticed to take on leadership positions when on offer. These may be external – such as a board opportunity, or internal – such as a chance to serve on a committee, as head of a practice group or client team, on the executive or as managing partner.

Often, the decision to pursue or accept these positions is made from an emotional standpoint. We want to be seen as desired. We want that title on our biography. We want to be seen as someone who . . . [more]

Posted in: Legal Marketing

Video Surveillance of Employees and Issues of Evidence

The use of surveillance cameras in the workplace in Canada is quite common. Often, surveillance cameras are installed to deter theft, vandalism, assault, harassment and suspected criminal or improper activity. However, many employees question the right of employers to record them in the workplace and state that it is a breach of their privacy. Do employees’ privacy rights compete with employers’ needs to ensure that his or her employees do their job, come in at the right hours, and don’t behave inappropriately?

This case involves a union’s application to exclude video footage from the admissible evidence in a recent grievance . . . [more]

Posted in: Case Comment, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Book Review: Torts: A Guide for the Perplexed

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.

Torts: A Guide for the Perplexed. By GHL Fridman. Toronto: LexisNexis Canada, 2017. 174 p. Includes bibliographic references and index. 978-0433495543 (hardcover) $85.00.

Reviewed by Lisa Marr
Library Technician
Perley-Robertson, Hill & McDougall LLP/s.r.l
In CLLR 43:4

As a law library technician, I am ashamed to admit that before reading this . . . [more]

Posted in: Book Reviews

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This project has been made possible in part by the Government of Canada | Ce projet a été rendu possible en partie grâce au gouvernement du Canada