On August 4, 2017, the newly elected NDP government announced that they will “re-establish a human rights commission to fight inequality and discrimination in all its forms.” . . . [more]

Under Canada’s Anti-Spam Law (“CASL”) not only may a corporation that fails to comply be liable to pay a monetary penalty but personal liability may also arise. Section 31 provides that “An officer, director, agent or mandatary of a corporation that commits a violation is liable for the violation if they directed, authorized, assented to, acquiesced in or participated in the commission of the violation, whether or not the corporation is proceeded against”.

An example of application of Section 31 is the case of Mr. Halazon and TCC reported by the Canadian Radio-television and Telecommunications Commission (“CRTC”) in June . . . [more]

This article is by Ian Hu, claims prevention and practicePRO counsel at LAWPRO.

An examination for discovery often marks the point in which you really sink your teeth into a case. The parties and opposing counsel come to a face-to-face meeting, and key evidence comes out, warts and all. Much of the exploration in an examination for discovery will uniquely depend on the specific witness and the answers that are drawn out. But some answers call for a habitual, routine response. Here are some good practice habits to use at examinations for discovery and avoid malpractice claims.

Your Notes: . . . [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. R. v. Khan, 2017 ONCA 114

[44] The trial judge properly placed the prior consistent statement on the scale in assessing the credibility of the complainant’s in-court testimony by considering the circumstances in which she made her initial complaint to Constable Flint. To this extent, the prior consistent statement does add to the credibility of the complainant’s in-court testimony and had . . . [more]

In April of 2016, I wrote about our ambitious project of re-building our corporate intranet. Our previous site had become a dumping ground of information that was poorly maintained and was woefully out of date. During the project, we removed nearly 85% of the content, upgraded a number of internal applications, made the site user friendly and improved the overall usability. We held focus groups and engaged junior, intermediate and senior staff in our decision to ensure the product we delivered would meet their needs.

In May this year, we asked staff for their opinion of the new site. . . . [more]

In Tomorrow’s Lawyers, leading scholar Richard Susskind envisions the future of legal practice. He argues that with the introduction of new technologies there will be a dramatic change in the jobs that lawyers hold. In particular, he predicts a sharp decrease in the number of traditional legal practitioners, along with the emergence of new jobs for lawyers.

Susskind names eight new types of jobs. They are:

1) the legal knowledge engineer

2) the legal technologist

3) the legal hybrid

4) the legal process analyst

5) the legal project manager

6) the ODR practitioner

7) the legal management consultant

8) . . . [more]

Many Ontario lawyers think the “The Law Society of Upper Canada” is still a great name for their governing body. They oppose the suggestion — no, the mere possibility — that the LSUC’s Strategic Communications Steering Group might recommend a name change. Read this article in Law Times for the details, especially the comments at the end in support of the current name — they’re a real treat.

I cannot get my head around lawyers’ continuing support for the term “Upper Canada.” The current year, last I checked, is 2017. There hasn’t been an “Upper Canada” on any reliable map . . . [more]

In 1997, Peter Hogg responded to criticisms of judicial activism in the post-Charter era by suggesting that the legislature is instead involved in a flexible and dynamic relationship with the courts over Charter rights. He explained this concept, often referred to as the “dialogue principle,” in the Osgoode Hall Law Journal,

Where a judicial decision is open to legislative reversal, modification, or avoidance, then it is meaningful to regard the relationship between the Court and the competent legislative body as a dialogue. In that case, the judicial decision causes a public debate in which Charter values play a 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.

TRAVAIL : Le Règlement modifiant le Règlement sur certaines conditions de travail applicables aux cadres des agences et des établissements de santé et de services sociaux, édicté par un arrêté ministériel en date du 23 mars 2015, a été adopté en violation de l’article 2 d) de la Charte . . . [more]

1. Be careful what you ask for…

“Maybe it’s opposite day! Maybe all these X’s mean that my answers are correct! Maybe your “A” is really an “F”! That must be it! I win the bet!”

– Calvin, Calvin & Hobbes

To me, the suggestion that the topic of the Standard of Review is the great Canadian passion, at least for practitioners of administrative law, is firmly tongue in cheek. While I have acknowledged that the standard of review is at the heart of judicial review, there is so much more to administrative law. I would suggest that . . . [more]