As more scholars are looking at doing statistical of case law, I wanted to give some advice on how to do that given the way court decisions are written and published.

The first thing to understand about a dataset of case law is that it is not representative of a sample of all the matters that appear before the courts. Jury verdicts and many oral reasons in various areas of law are never written down, so they are not distributed to CanLII and other publishers. This is particularly common for routine issues in areas law like criminal, family, or small . . . [more]

This is an important decision for everyone who comes across equitable relief in their practice.

In March 2017 a divided panel of the Ontario Court of Appeal in Moore v. Sweet overturned a finding of unjust enrichment on the ground there was a “juristic reason” for the enrichment. The decision was appealed. On 23 November 2018 the Supreme Court of Canada, splitting 6-2, applying precisely the same legal test, found there was there was no “juristic reason” for the enrichment, and restored the unjust enrichment remedy awarded at first instance.

The facts of the case are simple.

During their marriage . . . [more]

The potential of Online Dispute Resolution (ODR) has long been touted by many of us as part of the solution to the access to justice problem in Canada, especially for low-intensity disputes.

The first province to introduce ODR was B.C. in 2012 with the Civil Resolution Tribunal Act (the “Act”), followed soon after by Quebec’s Plateforme d’Aide au Règlement des Litiges en ligne (PARLe). The success of ODR internationally means that it is a question of time as to when it comes to Ontario, especially with the introduction of programs like joint divorce applications online.

A few features of the . . . [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.

PÉNAL (DROIT) : Les conséquences très graves, à la fois financières et sociales, d’un système organisé de collusion dans l’adjudication de contrats de travaux publics requièrent l’imposition de peines qui démontrent que de tels systèmes ne seront ni banalisés ni tolérés par les tribunaux; en l’espèce, les peines d’emprisonnement dans . . . [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):

• Lawyer Opportunities (Contract Roles) | Toronto, ON
  (Caravel Law)
• Manager, Community and Content (Full-time) | Canada-Wide/Location Independent
  (CanLII)
• Assistant Professor or Associate Professor (Full-time) | Ottawa, ON
  (University of Ottawa)
• Assistant Professor/Director of the Samuelson-Glushko Canadian

In early October, the governments of Canada, Mexico and the United States announced the USMCA trade agreement to replace NAFTA. The agreement anticipates several changes relating to intellectual property touching on copyright, patents, data protection, trade secrets and anti-counterfeiting.

Some of the changes have been controversial and seen as significant concessions by Canada to the United States. One article in the Financial Post, was titled, “Canada ‘caved’ on intellectual property provisions in USMCA trade deal, experts say”. Jim Balsillie, who has been vocal on innovation in Canada, was quoted in a statement as saying that, “Provisions in this . . . [more]

1. Employment Standards and Labour Relations law changes

On November 21, 2018, the Ontario conservative government gave third reading to Bill 47, Making Ontario Open for Business Act, 2018, effectively rolling back many employment and labour law changes brought in by the previous Liberal government Fair Workplaces, Better Jobs Act, 2017 (introduced as Bill 148). Bill 47 although passed is awaiting royal assent to become law. Most of the provisions will come into force at a later date, on January 1, 2019. To summarize certain key employment standards provisions: . . . [more]

War is the means by which nation states have sometimes resolved their differences. Litigation is the means by which people in our society sometimes resolve their differences. In both cases, there is value in prescribing the rules of engagement.

As wars between sovereign states have become less common and wars between sovereign states and insurgencies have become more the norm, the traditional rules of war seem to have become less relevant. This is presumably because rules that work to govern combat between traditional armies don’t effectively address asymmetric disputes where conventional militaries face off against “guerrillas”, “terrorists” or “freedom fighters” . . . [more]

I’m pleased to announce a new member of the Slaw family of websites — Slaw Jobs, a Canadian legal job listings service aimed at connecting job seekers with opportunities in the Canadian market.

Since our friend Simon retired in 2014, Slaw hasn’t changed much. There’s good reason for that. Everyone at Stem Legal knows that I take our role as caretaker seriously; and that we are very committed to maintaining Slaw’s culture. So when we started to discuss trying to find a new revenue stream to support the endless hours that we invest here, I wanted to find a . . . [more]

Canada has made significant changes to the Trademarks Act, mostly to make it more consistent with international practice. It was just announced that the changes will take effect June 17, 2019. Anyone considering applying for a trademark might think about filing before then.

What is the issue?

On June 17, 2019 the trademark application process will undergo significant changes. The changes include:

Not having to state first use dates or declare actual use

Registration term reduced from 15 years to 10

Adoption of the class system and a class based fee structure

Proof of distinctiveness needed for some types of . . . [more]

As the technology within cars advance, so do their capabilities of tracking and sharing your data. Data mining has become a new lucrative revenue stream for car companies.

In recent days, Ford CEO Jim Hackett announced that: “We have 100 million people in vehicles today that are sitting in Ford blue-oval vehicles. That’s the case for monetizing opportunity versus an upstart who maybe has, I don’t know, what, they got 120, or 200,000 vehicles in place now. And so just compare the two stacks: Which one would you like to have the data from?”

Ford has also been gathering data . . . [more]