Section 73(3)(b) of the Patent Act permits the Commissioner of Patents to reinstate a patent that is deemed to be abandoned if he receives a proper application on time and if “the Commissioner determines that the failure occurred in spite of the due care required by the circumstances having been taken and informs the applicant of this determination.”

The Manual of Patent Office Practice sets out the due care standard.^[1] This standard was introduced by the Patent Law Treaty, which Canada adhered to and implemented with amendments to the Patent Act and Patent Rules on October 31, 2019.

The . . . [more]

Chief Justice Richard Wagner has made one of his objectives steering the Supreme Court of Canada (“the SCC” or “the Court”) in a way that makes it more accessible to Canadians for whom in the normal course the Court may seem inaccessible and out of touch.

For example, he began the practice of “plain language” summaries of SCC decisions: see Cases in Brief, described as “short summaries of the Court’s written decisions drafted in plain language”. He has taken the Court on field trips to cities other than Ottawa, so far to Winnipeg and Quebec City. As the Court’s . . . [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) : Lors du procès de l’accusé pour meurtre et complot pour meurtre, les directives du juge au jury, bien qu’elles aient été imparfaites, ont suffisamment équipé le jury pour évaluer le témoignage des 2 autres personnes ayant comploté avec l’accusé; les mises en garde de type Vetrovec auraient . . . [more]

There is no doubt that artificial intelligence (AI) has revolutionized many industries, the legal sector among them. Furthermore, it will continue to do so in the foreseeable future in ways that we haven’t even begun to comprehend. However, I fear that its promise of solving and revolutionizing every single legal challenge or area is often overstated, especially when it comes to Foreign, Comparative, and International Legal (FCIL) research. AI promises of easiness, rapidity, and exclusively results-oriented approaches fundamentally clash with FCIL work, which demands robust research steps, awareness of processes, and a sense of curiosity in a globalized world that . . . [more]

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Organizational Structures of Academic Law Libraries: Past, Present, and Future, Volume 1. Edited by Elizabeth G Adelman & Jessica de Perio Wittman. Getzville, New York: William S Hein, 2023. xxii, 250 p. Includes illustrations. AALL Publication Series No 87. ISBN 9780837742724 (softcover) US$110.00.

Reviewed by Alexia Loumankis
Reference and Research . . . [more]

Each month, we tell you which three English-language cases and French-language cases have been the most viewed* on CanLII in the previous month and we give you a small sense of what the cases are about.

For this past month, the three most-consulted English-language decisions were:

1. R. v. R.B., 2025 ONSC 153

[1] The Applicant is facing charges of historical sexual assault and physical assault of his ex-wife. His trial is scheduled to commence on February 10, 2025, with jury selection scheduled to take place on January 10, 2025.

[2] This Decision relates to a pre-trial application brought by . . . [more]

What was the last good first date you had? There may have been an element of physical interest, but it is highly likely it was a “good” date because it lasted for hours, and the longer you spoke, the more interesting you found the other person, and vice versa. Maybe the conversation didn’t start off strong, but at some point you hit on a topic that you both found interesting. You found common ground and that led to connection. It is also likely that the date was better because it involved a “ping-pong” style of conversation. You asked the right . . . [more]

INTRODUCTION

The Supreme Court of Canada (“the SCC”) has granted leave to appeal English Montreal School Board, et al. v. Attorney General of Quebec, et al., in which the English Montreal School Board and others are challenging Quebec Bill 21, Act respecting the laicity of the State (“Bill 21”). In enacting Bill 21, the Quebec government invoked 33 of the Canadian Charter of Rights and Freedoms (“the Charter”) (“the notwithstanding clause” or “the override”), as well as the section 52 override in the province’s human rights statute, the Charter of Human Rights and Freedoms. Here I . . . [more]

As we contemplate 2025, the NSRLP is considering how to tackle the ongoing challenges in access to justice. While the barriers facing individuals attempting to access justice remain many, it is challenging to consider where the focus on improving access should be directed, given limited resources and capacity. Moreover, the coming year is likelier than not to have a fair share of political, social, and economic upheaval, all of which may also serve to impact access to justice in both anticipated and unanticipated ways. Thus, thinking about where the NSRLP goes next is a necessary exercise, and one requiring flexibility . . . [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) : Le tribunal condamne une accusée à l’emprisonnement à perpétuité sans possibilité de libération conditionnelle avant 25 ans dans le cas des meurtres au premier degré de ses 2 enfants, mais avant 20 ans pour le meurtre au deuxième degré de sa conjointe.

Intitulé : R. c. Al . . . [more]