In addition to affirming that an employee’s resignation must be clear and unequivocal to be valid, this case tells us that employers do not have a greater onus when it comes to long-term disabled employees who resign. The British Columbia Human Rights Tribunal did not accept the employee’s claim that it was unreasonable in the circumstances for her employer to conclude that she wished to resign without further inquiry. . . . [more]

My last column was about Kenya. So is this one. For me, Kenya is currently one of the most interesting countries to follow if you are interested in rule of law development and justice innovation.

“I had just started my working day when I got a call from my sister. She had been taken to the police station or her way to work. The matatu bus on which she was traveling had been stopped and checked for seat belts. The passengers not wearing them where taken. I rushed to where she was but was too late; she had already been . . . [more]

There’s a bit of buzz in Winnipeg this week about the International Downtown Association’s 63rd annual conference taking place here. The theme of the conference is Authenticity, which seems apt in these days of fake news and fake nudes.

Living authentically is an ideal espoused by many authors and speakers in the self-improvement sector, whether that path to authenticity is found through meditation, spiritual transformation or some other means. The general idea is simply that an individual aspires to and works toward being the best possible version of themselves, with their interior self in alignment with their exterior . . . [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. Vaillancourt v Carter, 2017 ABCA 282

[26] It is apparent on the evidence before me that Mr. Carter has gone to elaborate lengths to shield his investments and arrange his affairs to appear as though he does not have the financial means to satisfy the judgment against him or to comply with a security for judgment order. A holding company, aptly . . . [more]

Recent reports have underscored that access to justice is everyone’s problem yet the issue fails to resonate with the public – they indicate low confidence and a sense of alienation. In response, many justice sector organizations are looking at different ways to enhance public engagement. The logic being that a better link with the public will inform more meaningful and innovative solutions to access to justice challenges. This approach puts the user at the centre and considers how justice services can be sensitive to lived experience and community-specific needs.

Community Justice Centres (CJCs) are among the most user and community . . . [more]

Should judges only speak through their judgments? Does silence truly enhance the public’s perception of the judiciary?

In “Revisiting the Limits on Judicial Expression in the Digital Age: Striving Towards Proportionally in the Cyberintimidation Context” Karen Eltis and Yigal Mersel explore these issues. Despite the various arguments against expression, they argue that the digital age demands that we question the belief that judicial silence is always best.

They write that “judges have a duty to speak out to protect judicial institutions as the guardians of democracy… to safeguard the rule of law … Recommending unconditional silence, erroneously assumes . . . [more]

An Ontario Superior Court judge has approved the payment of $31.2 million in class counsel’s legal fees in the Volkswagen “dieselgate” class action.

The legal fees comprise $26 million in fees, just under $1 million in disbursements and taxes of approximately $3.5 million.

The Canadian class action itself settled with the defendants agreeing to pay the class $2.1 billion. The U.S. class action settled for just over $10 billion.

It is noteworthy that the amount of legal fees agreed upon in the Canadian class action was over and above the amount of the $2.1 billion settlement. In other words, the . . . [more]

From time to time one reads of court orders banning people from using social media, usually in anticipation of trial but sometimes as part of a formal disposition.

For example, in R. v. Elliott, the defendant accused of harassment on Twitter was banned from using Twitter pending trial. Ultimately he was acquitted, and the ban was lifted. He had spent three years off Twitter.

A Nova Scotia court banned a teenaged defendant from social media for 21 months after his conviction for assault, uttering threat and criminal harassment. He was ordered to delete his Facebook, Twitter and Instagram accounts . . . [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.

Practice

Flexibility Isn’t Just for the Yoga Mat – Try It on Your Schedule
Allison Wolf

This tip was inspired by a young mother I know, a senior associate at a big firm, who shared with me her recipe for handling the challenging tension between mom-time and lawyer time: the early escape. Here’s how it works: One night a week she stays late at the office, until between eight and . . . [more]

Mandatory minimum sentences (MMS) for criminal and drug offences have been getting a lot of attention lately. The federal government recently conducted a public survey on MMS, causing some commentators to wonder whether the Liberals will make good on their campaign promises to roll back the MMS created by the previous government. The question is timely since Parliament resumes next week. Even StatsCan’s excellent Juristat weighed in last month with a detailed analysis of the effects of MMS.

We noticed that much of this debate was happening without reference to just how many MMS have already been struck down as . . . [more]

Almost all aspects of intellectual property law are the subject of public consultations this summer and fall. Intellectual property lawyers and their clients were busy reviewing the upcoming changes, providing important comments and planning for their implementation. There are lots of changes to be aware of for clients building, maintaining or monitoring intellectual property rights.

Patents

A full replacement of the Patent Rules (link) was proposed to implement the Patent Law Treaty which standardizes some procedural requirements of the patent process. The Patent Rules provide the regulatory implementation details for the Patent Act and define most of the . . . [more]