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. Patterson v. Peladeau, 2018 ONSC 2625

[2] On the weekend just after the jury began to deliberate, juror #1, while at his home engaged in some internet legal research. He found a regulation under the Insurance Act, known as the Fault Determination Rules. On Monday morning he discussed this regulation with the other jurors, which resulted in a jury . . . [more]

The dispute resolution processes created pursuant to the Indian Residential School Settlement Agreement (IRSSA) have been described as both significant and historical. While together, these processes represent an important shift in how we think about resolving systemic and historic mass harms, these processes also challenge us to once again ask important questions — What constitutes access to justice in certain contexts? What is the role and responsibility of lawyers in furthering access to justice in those contexts? And is that role and responsibility different for government lawyers?

The example of the independent assessment process (”IAP”) at St. Anne’s Residential School . . . [more]

Change is a reality of business. Client needs shift; legal expertise shifts due to retirements and new hires; legislation and case law create new opportunities and close down previous legal practises. Change is hard for most people, but particularly for lawyers. The lawyer personality doesn’t like change; it likes the expected, precedent and tradition. Lawyers tend to be risk-averse, and change represents risk.

Yet managing anything, be it a practice or a law firm, is all about managing change. Files conclude. Clients come and go. Volume of work fluctuates. Files have different levels of complexity. Support staff may shift over . . . [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 research, writing, and practice.

Research & Writing

Noting Up US Case Law in Canada
Susannah Tredwell

It is straightforward to find out out how a Canadian case has been subsequently treated by Canadian courts; all you need to do is note it up on Quicklaw, WestlawNext Canada, or CanLII. However sometimes you need to find out if a US case has been mentioned in the Canadian case law and this is slightly more challenging . . . [more]

The civil (private) law system serves an important function in the resolution of disputes between individuals. Essential to this resolution is some protection from outside interference by external interests. Regulation of these relationships have changed over the years, where work would be done in advance by a lawyer on a promise of recovery, but is still limited in many ways across Canada.

The common law prohibited champetry, bargains by a stranger to a suit in consideration of proceeds; maintenance, meddling in a suit by maintaining or assisting a party; and barratry, an offence of exciting and stirring up quarrels in . . . [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.

PROTECTION DU CONSOMMATEUR : La juge de première instance n’a pas erré en concluant que Vidéotron a commis une pratique interdite en omettant d’expliquer clairement à ses abonnés la méthode de calcul des frais liés au Fonds pour l’amélioration de la programmation locale; toutefois, les dommages punitifs qu’elle doit verser . . . [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.

WOMEN IN CRIMINAL JUSTICE: TRUE CASES BY AND ABOUT CANADIAN WOMEN AND THE LAW

Authors: Susan Lang , Nancy Morrison, Lise Maisonneuve, Danielle Coté, Iona Jaffe, Kim Pate, Jennifer Briscoe, Catherine Dunn, Kaysi Fagan, Deborah Hatch, Karen Hudson, Barbara Jackman, Lucie Joncas, Susan Kyle, Jill Presser, Rosellen Sullivan, Jennifer Trehearne

Foreword by: . . . [more]

By Order in Council 2018-0369 on March 26, 2018, mandatory breach notification under the federal Personal Information Protection and Electronic Documents Act (PIPEDA), comes in force November 1, 2018 for to all entities subject to its jurisdiction.

The PIPEDA rules follow Alberta’s leadership, which has had mandatory breach notification for 8 years. In Canada, provincial health privacy laws in Ontario, New Brunswick and Newfoundland and Labrador also contain reporting requirements. Most US states have mandatory breach notification requirements. It is recognized that notification of the affected individuals is a key factor in mitigation of risk in instances of cyber . . . [more]

I became a Foreign Law Librarian by accident. I didn’t plan on being one. Yet here I am. How did it happen? How did I come to specialize in foreign, comparative, and international law librarianship? What’s it like to be an FCIL librarian? What are the career paths of FCIL librarians generally? Should you become a Foreign Law Librarian?

My general plan after I decided I wanted to be a law librarian was to work as a general legal reference librarian in an academic law library. In order to do that, I needed a library science degree and a law . . . [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. Rankin (Rankin’s Garage & Sales) v. J.J., 2018 SCC 19

[1] A vehicle is stolen from a commercial garage. The vehicle is crashed. Someone is injured. Does the business owe a duty of care to the injured party? The question in this appeal is whether the courts below erred in recognizing a duty of care owed by a business that stores . . . [more]

Calls for access to justice improvements stress the importance of public-centered, multidisciplinary approaches. We know that in order to make the justice system more accessible, we need to diversify the problem solvers and our approaches. In response to this, The Action Group on Access to Justice (TAG) recently began working with Civic Tech Toronto in an effort to develop work that operates from the intersection of civic engagement, technology and law.

Civic Tech Toronto is a vibrant community-driven, volunteer organization that organizes weekly “meetups” where attendees learn about civic issues, share ideas and expertise, and develop solutions to civic challenges . . . [more]