Canada’s online legal magazine.

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Labour Pains 2. NSRLP 3. Meurrens on Immigration 4. Family Health Law Blog  5. Eloise Gratton

Labour Pains
Beware the Innocuous Termination Provision

It is often said that, “a magician never reveals his secrets.” If that is true, then it is a good thing that I am

. . . [more]
Posted in: Monday’s Mix

This Little Measure

Font large upon a central screen, my new hybrid car informs me about my fuel efficiency.

Big numbers. Right in front of me. Hovering around fifty miles a (US) gallon.

Inspiring me to keep it there. To accelerate more slowly. Gentle my Kia Niro up our precipitous hills. Ease off the gas on the flats, letting battery power take over. Even drive – slightly – slower on Seattle’s crumbling, potholed streets.

It is a basic tenet of any measurement science, including project management, that you get what you measure. My quantified efficiency glowing large between the spokes of the steering . . . [more]

Posted in: Practice of Law

Ontario’s Cannabis Consultation

Following the introduction of the Canada’s Cannabis Act earlier this year, provincial governments have been scrambling to determine the effect on legislation at their level of government. Alberta had already introduced proposed legislation on the subject last year, but the approach across the country has thus far varied considerably.

Ontario has finally announced a public consultation on the subject, which includes an online survey option or sending comments directly to the Ministry.

A consultation paper has also been released with this announcement. The 5 key areas the province is examining include:

  1. Setting a minimum age for having, using and buying
. . . [more]
Posted in: Substantive Law: Legislation

Summaries Sunday: SOQUIJ

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) : L’infraction prévue à l’article 83.181 C.Cr. requiert la preuve de l’intention primaire de la tentative de quitter le Canada mais aussi de l’intention spécifique de commettre à l’étranger une infraction visée à l’article 83.18 C.Cr. soit de participer ou de contribuer, sciemment, à une activité terroriste, de . . . [more]

Posted in: Summaries Sunday

Employer Dodges Penalty After Failing to Adhere to Re-Employment Obligations

The Ontario Workplace Safety and Insurance Appeals Tribunal (WSIAT) recently addressed if and when a penalty should be imposed on an employer who failed to adhere to their re-employment obligations when it comes to employees who get hurt on the job. In this particular case, the Panel decided that a re-employment penalty would not be imposed on the employer, in part because the worker’s conduct played a substantial role in the termination of his employment. . . . [more]

Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Patent Pleading Particulars

In patent infringement litigation, sufficient particulars of how an infringer infringes a patent must be included in a patentee’s pleading. How much detail is required? In a recent Federal Court decision, the court struck the statement of claim and dismissed the case because not enough details of how the defendant infringed each of the asserted claims. In Mostar Directional Technologies Inc. v Drill-Tek Corporation et al., 2017 FC 575, on a motion to strike brought by a defendant, the Prothonotary struck the pleading and dismissed the case on the basis the statement of claim pleaded no material facts . . . [more]

Posted in: Intellectual Property

Wednesday: What’s Hot on CanLII

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 Barton, 2017 ABCA 216

[1] The jury system is probably the most familiar symbol and manifestation of the Rule of Law in this country. It is enshrined in our traditions, values and the words of our foundational law, the Constitution of Canada. The verdict of a jury is the product of the reason and collective human experience of people . . . [more]

Posted in: Wednesday: What's Hot on CanLII

How Do You Marry This?

During a recent drive through crazy Nairobi traffic I learned a few important things about family justice journeys in Kenya. It started with me looking out my window and seeing two women walking uphill, carrying heavy loads on their backs.

“Kenyan women are strong!”, I remarked.

“Yes, that’s true.”, my driver John replied, “They work to make money and when they come home they do all the work in the house and take care of the children.”

“That’s different with us… “ I replied.

“When I come home after work, the children have been washed, I sit down and my . . . [more]

Posted in: Practice of Law

Influencing Organizational Culture Through Office Design

“I must be on the wrong floor.” When I walked into the new Vancouver office of Miller Thomson LLP, I thought I’d pressed the wrong elevator button and ended up in a high tech firm. Two receptionists were perched on barstools at a circular, high-top station, rather than behind a long desk. I could see past them into an open-office area where lawyers and staff were working side by side. The whole floor was filled with sunlight. To my relief, I spied the wall of bound legal texts and realized that I had indeed arrived at my destination.

Office design . . . [more]

Posted in: Practice of Law: Future of Practice, Practice of Law: Practice Management

Minorities Given Preferential Access to Cannabis Business Licenses Under D.C. Law

The Council of the District of Columbia has passed a law which gives minority-owned companies preferential access to cannabis business licenses.

The emergency legislation modifies a section of the Legalization of Marijuana for Medical Treatment Initiative of 1999 to provide that that

“a certified business enterprise (as defined in the Small, Local, and Disadvantaged Business Enterprise and Development and Assistance Act of 2005) shall be awarded a preference equal to 20 points or 7.5 percent of the available points, whichever is more.”

The law was sponsored by council member Robert White who said the law is necessary in order to . . . [more]

Posted in: Substantive Law: Foreign Law, Substantive Law: Legislation

The Three Reasons Why Statutes Require Interpretation (Using IP Examples)

I am currently writing a book on Statutory Interpretation, to be published in late 2018 by Lexis Nexis. Enough books have been written on the topic both in Canada and elsewhere, so why do I feel the need to add another? For one thing, existing literature on the subject spends far too little time (if at all) on two fundamental questions: (1) why do statutes need to be interpreted and (2) what is the appropriate institutional role for the judiciary? In my opinion, we can not understand how to approach the task of interpretation without answering these two questions. More . . . [more]

Posted in: Intellectual Property

Tips Tuesday

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.

Technology

LinkedIn Dos and Don’ts for New Lawyers
Dan Pinnington

With over 467 million users in more than 200 countries (including at least a 1 million in the law practice industry) and web traffic that ranks it as the 24th most visited site on the planet, LinkedIn is the social networking tool of choice for professionals. Regardless of whether they trying to find new lawyer, or looking for you specifically, . . . [more]

Posted in: Tips Tuesday

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