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]

High-stakes litigation often involves the use of experts, who are expected under the Rules of Civil Procedure to provide fair, objective and non-partisan evidence to assist the court to determine issues under dispute. These experts are required to limit their evidence to matters within their expertise, and it’s not uncommon to see experts in a wide range of technological, medial, and other areas.

Typically, the opinion evidence provided by an expert evidence must comply with certain requirements under rule 53.03, such as their area of expertise, qualifications and employment, and a review of the basis for which the opinion is . . . [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.

CONSTITUTIONNEL (DROIT) : En l’absence d’un objet de droit criminel, on doit conclure que la Loi sur la non-discrimination génétique édictée par les articles 1 à 7 de la Loi visant à interdire et à prévenir la discrimination génétique ne constitue pas un exercice valide de la compétence fédérale en . . . [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

In a move that surprised many in the IP community, a budget bill that received royal assent before the holidays, introduced file wrapper estoppel to Canadian patent law.

Bill C-86 (link) included a number of changes to intellectual property legislation including enacting the College of Patent Agents and Trade-mark Agents Act, reforming the Copyright Board, and numerous amendments to the Patent Act, Trade-marks Act and Copyright Act.

One of the changes to the Patent Act, allows for the patent file wrapper or file history to be used to rebut claim construction of a patent. The file wrapper refers . . . [more]

On December 10, 2018, the British Columbia Law Institute (BCLI) released its final report on their independent Employment Standards Act review. The British Columbia labour minister responded to the report by pledging action in 2019 to implement certain of the 71 recommendations found in the BCLI final report. . . . [more]