On behalf of everyone at Slaw, I’d like to extend a warm congratulations to our colleague Dan Pinnington on his appointment as President and CEO of LAWPRO.

Dan has written with us here at Slaw for nearly a decade. His commentary has covered an enormous range of topics related to law practice management, legal technology, fraud and claims prevention (to name a few). But most of all, Dan is a communicator — speaker, blogger, book author, teacher, magazine editor, and conference chair. While I’m sure there will be a learning curve in the days ahead, Dan has spent an entire . . . [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. Ferreira v. St. Mary’s General Hospital, 2018 ONCA 247

[30] Ms. Masgras fundamentally misunderstands the principles enunciated in that case. That decision does not support Ms. Masgras’ proposition that a lawyer is entitled to take whatever steps s/he wishes in furtherance of what the lawyer thinks is the client’s “cause”. What Ms. Masgras appears not to understand is the fundamental principle . . . [more]

In the past I have vowed not to make resolutions that just get broken. At the end of last year I polled my Facebook friends to see what they suggested. The best idea came from my Canadian cousin Blaine. “Just have more fun in 2018.” Another suggestion I found online was to ask questions instead of making direct statements. My question was “how can I bring more joy into my life and the lives of others? “

So while I’m reaching out to my Facebook friends and family, I want to include you SLAW readers. One of the pleasant and . . . [more]

My new year’s resolution was to make more time to read for pleasure, principally to ensure I was switching off from work in the evenings and to get away from constantly looking at screens. It’s been a qualified success. I’ve just finished Michael Crichton’s “The Lost World”, which has got me thinking about dinosaurs and their extinction. Inevitably, though, I end up relating those thoughts back to work and law firm innovation for this column.

Operating under a business model that was originally designed for the horse an cart age, law firms are popularly misconstrued as “dinosaurs”, in the sense . . . [more]

When the Truth and Reconciliation Commission released its Calls to Action in 2015, I emphasized the need for Canadian law schools to respond to the call for mandatory training for all law students in Indigenous and Aboriginal Law. This is a necessary prerequisite towards reconciliation, and in training the next generation of lawyers to decolonize our legal system.

That same year, some law schools expressed an interest in reforming the curriculum, but acknowledged that all fell short of that goal. Since that time, Canadian law schools have been slowly finding ways to increase their Indigenous content.

Osgoode’s Dean Sossin explained . . . [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.

PERSONNES : La juge de première instance n’aurait pas dû ordonner à l’appelant de se soumettre à une garde en établissement pour une durée de 21 jours; il n’avait pas consenti au second examen psychiatrique requis par l’article 30 C.C.Q. et l’Hôpital l’a maintenu sous garde préventive au-delà du délai . . . [more]

Ontario’s Ministry of the Attorney General is building a new courthouse in Toronto that will combine most of the city’s criminal courts, including all three youth courts, in one location downtown. Designed by a world-renowned architect and filled with technological innovation, it is being celebrated as a step forward for access to justice in the city. But access to justice is not just about access to a courtroom. It is about access to outcomes—outcomes that provide the most vulnerable groups, such as youth in conflict with the law, with the support they need to work towards more positive futures.

As . . . [more]

Written wholly by Christina Catenacci, BA, LLB, LLM, and PhD candidate at the University of Western Ontario

In February 2018, the Standing Committee on Access to Information, Privacy and Ethics released a report that summarized issues and recommendations concerning the Personal Information Protection and Electronic Documents Act (PIPEDA).

The report was authored by Bob Zimmer, the Chair of the Standing Committee, and presented to the House of Commons in the first session of the 42nd Parliament.

More specifically, the report was generated following the decision to undertake a review of PIPEDA. This review began February 14, 2017; it consisted of . . . [more]

On March 6, 2018, the Ontario government tabled Bill 203, Pay Transparency Act, 2018 to close the wage gap between women and men in the province by imposing significant obligations and restrictions on employers relating to the disclosure of information about the compensation of employees and prospective employees. The government says it will spend up to $50 million over the next three years on the initiative. . . . [more]

Canadian lawyers have a legal duty of resolute or zealous advocacy. Law society codes of conduct direct lawyers to represent clients “resolutely and honourably” (FLS Model Code, Rule 5.1-1). The Supreme Court of Canada says that a core aspect of a lawyer’s duty of loyalty is the “duty of commitment to the client’s cause (sometimes referred to as ‘zealous representation’)” (R v Neil 2002 SCC 70 at para. 19).

Not everyone likes those duties. They worry that they implicitly endorse lawyer aggression. They think duties of honour and integrity, and as an officer of the court, ought to govern . . . [more]