Most lawyers and judges would cringe at the notion that courts develop policy when they interpret statutes. The legal profession indoctrinates that the role of the legislature is to enact policy through legislation and that it is for the courts to apply that law to resolve individual disputes. You would never hear a lawyer make an explicit appeal to policy when submitting statutory interpretation arguments before courts. Rather they invoke the intention of the legislature as the authority for their position. That the legal profession indulges in the fiction of a true or certain legislative intent in most cases speaks, . . . [more]

Fiduciary law deals strictly with conflicts of interest. A fiduciary is not permitted to have an interest that conflicts with the duties owed to their beneficiary unless the conflict and all material facts have been disclosed and consent is obtained Sharbern Holding Inc. v. Vancouver Airport Centre Ltd., 2011 SCC 23. Where a fiduciary benefits without consent, the fiduciary is ordinarily required to disgorge the benefit whether or not the beneficiary’s interests have been compromised. Strother v. 3464920 Canada Inc., 2007 SCC 24

The Rules of Professional Conduct are no less strict. It is professional misconduct for . . . [more]

The relevance of big data and artificial intelligence transcends process improvements in law alone, and will increasingly become the a significant subject matter within law. The impetus for this will be the increased reliance that private industries place on the collection, use and disclosure of consumer information.

Ramona Pringle of the CBC recently stated,

There was a time that oil companies ruled the globe, but “black gold” is no longer the world’s most valuable resource — it’s been surpassed by data.

…

“Data is clearly the new oil,” says Jonathan Taplin, director emeritus of the USC Annenberg Innovation Lab and

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.

RESPONSABILITÉ : Les policiers n’ont commis aucune faute en utilisant de l’encre invisible pour marquer les appelants ni en les photographiant après leur arrestation pour refus d’obtempérer à un ordre d’évacuation d’un lieu public; toutefois, ils auraient dû retirer leurs menottes et les laisser repartir après avoir décidé de ne . . . [more]

On one Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all appeals and leaves to appeal granted, so you know what the S.C.C. will soon be dealing with (July 19 to August 23, 2017 inclusive).

Appeals

Aboriginal Law: Duty to Consult
Clyde River (Hamlet) v. Petroleum Geo Services Inc., 2017 SCC 40 (36692)

The content of the duty [to consult] once triggered, falls along a spectrum . . . [more]

The Manitoba Co-op Housing Tribunal is looking for panel members. They are seeking lawyers with experience in housing issues and administrative law to oversee hearings as the chair of a 3 person panel (with 2 community members) and to draft decisions based on the written and oral evidence presented. Often the parties are unrepresented so the tribunal member should also be able to explain all the relevant rules & laws and make sure the parties understand the potential consequences, while maintaining impartiality. No legal training is provided and your work will be scrutinized by a public servant with a background . . . [more]

(This is a short version of the FULL ARTICLE posted on the SSRN (pdf.). Articles cited herein without stated authors are those of the author of this article—Ken Chasse.)

The alternative business structures (ABS investors owning law firms)[1] debate is a very live one in Ontario, and will be throughout Canada, depending upon what the Law Society of Upper Canada (LSUC) at Toronto’s Osgoode Hall decides. ABSs could bring about the end of the general practitioner throughout Canada. If they are to be given an exception to the “unauthorized practice of law” (UPL) offence, so . . . [more]

The Ontario Superior Court of Justice stayed a criminal negligence charge against a boom truck worker who pleaded guilty to an Occupational Health and Safety Act charge three years earlier after causing a workplace fatality. The Court reasoned, in part, that the police’s uncertainty in laying the criminal charges after the worker’s guilty plea to the OHSA charges constituted a breach of the sense of fair play. The Court cited a breach of sections 7 and 11(d) of the Canadian Charter of Rights and Freedoms. . . . [more]

Create a habit of professionalism—allowing you to move forward with the important things – landing the job of your dreams, taking care of the clients you like working with, growing your practice and achieving your career goals.

Here is everything you need to know…

1. Attitude. I’ll never do this or I can do this. I hate networking or I love meeting people. I know everything or I could use some help. I hope it happens or it will happen. Change your thoughts and you will change your life. Who do you want to be? It’s your choice.
2. Do What You

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. Moore v. Sweet, 2017 ONCA 182

[104] Most of the authorities in which courts have been willing to override a beneficiary designation can be explained on the basis of an agreement between one of the claimants and the insured that removed the insured’s ability to designate a later beneficiary.[6] As noted earlier, Shannon involved a separation agreement in which the insured . . . [more]