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]

Aside from a robust knowledge in anatomy and physiology or radiation physics, there’s not much I can use my background in nuclear medicine technology in the practice of law. Which is why in 2009 I noted here the growing and emerging use of diagnostic imaging in sentencing and trials.

Since that time there has been quite a bit of developments in diagnostic imaging and its use in medico-legal work. One of the newest developments is its use for chronic pain. The economic costs of chronic pain are estimated to be over $600 billion in the U.S. Part of the challenge . . . [more]

The Canadian Forum on Civil Justice (CFCJ) surveyed over 3,000 people in Canada to better understand their experiences with the civil and family justice system.

The survey was part of a major national 2011-2017 study by the non-profit organization on the social and economic costs of Canada’s justice system. The study was funded by a $1 million grant from the Social Sciences and Humanities Research Council of Canada.

The CFCJ has broken down the survey results based on the following criteria:

• Age
• Born in Canada/Born Elsewhere
• Education
• Gender
• Canadian Region

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.

ACCÈS À L’INFORMATION : Pour que le secret professionnel de l’avocat fasse obstacle à une demande d’accès à l’information visant à obtenir le montant des honoraires professionnels d’avocats facturés à des organismes publics, il faut examiner si le total de ces honoraires révèle un aspect confidentiel de la relation avocat-client. . . . [more]