The Nova Scotia Court of Appeal clarified that stress from a workplace investigation is a non-compensable workplace event. . . . [more]

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.

A Thought Experiment About the Academic ‘Billable’ Hour or Law Professors’ Work Habits

Eli Wald is the Charles W. Delaney Jr. Professor of Law at the University of Denver Sturm College of Law. A legal ethics expert, Wald has written on topics such as diversity and inclusiveness, lawyers and cybersecurity, lawyer mobility, and . . . [more]

In 2015, the Alberta government extended coverage for disclosure of public servant salaries (aka the sunshine list) to those who make more than $125,000 per year. The new legislation was celebrated by all political parties as a victory for “transparency” and “open government”, and the right of taxpayers to know how public money is being spent. The legislative record is replete with these platitudes yet devoid of any specific policy objective.

When Ontario created their list back in 1996, the immediate goal seemed to be to shame public servants as a prelude to government cutbacks. If the longer term objective . . . [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. Tsleil-Waututh Nation v. Canada (Attorney General), 2018 FCA 153

[5] Applying largely uncontested legal principles established by the Supreme Court of Canada to the factual record, a factual record that is also largely not contested, I conclude that most of the flaws asserted against the Board’s process and findings are without merit. However, the Board made one critical error. The Board . . . [more]

I once wrote an article titled “Does Civility Matter?” I don’t regret the article, but I regret the title. I regret it because it suggests that I oppose civility as an ambition or virtue of the good lawyer. I don’t. My point (developed further in a more aptly titled 2012 paper) was rather that when law societies regulate lawyer civility they either regulate something they shouldn’t (politeness) or they regulate something they should but in the wrong way (treating ethical violations generically as incivility rather than precisely as specific breaches of a lawyer’s duties). I still hold those . . . [more]

“If I had more time, I would have written a shorter letter.”

In The Atlantic article “The Needless Complexity of Academic Writing“, the author Victoria Clayton critiques opaque writing that infects academic journals. She writes that the prose is “riddled with professional jargon and needlessly complex syntax… even someone with a Ph.D. can’t understand a fellow Ph.D.’s work unless he or she comes from the very same discipline.” This critique could easily be applied to legal writing, including some factums and judicial decisions.

Clayton explains that the main reason for opaque writing may not be so sinister. She . . . [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

Uncover Hidden Document Metadata
Luigi Benetton

Each time an electronic document comes into being, metadata is created along with it. People often add their own, too. From the obvious (like page numbers) to the obscure (like dates of creation and author names), every piece of metadata serves some purpose. …

Research & Writing

Create CanLII Alerts
Alan Kilpatrick

Did you know that you can receive instant notifications every . . . [more]

A number of my appliances appeared to stage a coordinated strike during my recent holiday break. In equal parts, believing that a significant pool of the knowledge of the world can be accessed via the phone in my pocket, and cautious of the fact that despite this, people are constantly wrong about innumerable things, I set out to up my domestic credentials by attempting a repair of both our dishwasher and refrigerator. A series of web searches, YouTube videos, and some lurking about in appliance repair forums quickly became the first tools in my box. My approach was simple, I . . . [more]

I was trying out an app for the bookmarking service Pinboard recently and happened upon this note on legal citation that I’d saved a few years back. This topic comes up periodically on Slaw including Louis Mirando‘s great post on the 8th edition of the McGill Guide from 2014.

I’d completely forgotten about this note and thought it would be interesting to share as we start another new school …

In the introduction to Frank G. Bennett‘s 2013 book on Mulitlingual Zotero (MLZ), “Citations: Out of the Box” http://citationstylist.org/public/mlzbook.pdf* Lawrence Lessig said the following: “… lawyers tolerate . . . [more]

Tomorrow is Labour Day across Canada, where everyone in the country is provided a statutory holiday under s. 166 of the Canada Labour Code. The federal Interpretation Act, designates in s. 35(1) the first Monday of the September as Labour Day, and every province has employment standards legislation mandating the day as a statutory holiday as well.

The origins of Labour Day go back to March 25, 1872, when the Toronto Typographical Union went on strike for the nine-hour workday, backed by 10,000 workers and 27 unions. The action was characterized as an illegal conspiracy against trade at the . . . [more]

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.

The Owners, Strata Plan VR2122 v. Bradbury, 2018 BCCA 280

AREAS OF LAW: Strata corporations; Winding up; Strata Property Act; Liquidators

~In the winding up of a strata corporation, a judge cannot appoint a liquidator, vest property in him, and make orders ancillary to his role when the liquidator has not applied for that relief under the Strata Property Act.~

BACKGROUND:

The Respondents, The . . . [more]