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.

CONSTITUTIONNEL (DROIT) : La Constitution du Canada n’autorise pas la mise en place d’une réglementation pancanadienne des valeurs mobilières sous la gouverne d’un organisme unique selon le modèle prévu par la plus récente publication du Protocole d’accord concernant le régime coopératif de réglementation des marchés des capitaux.

Intitulé :  . . . [more]

When asked, most firms would say that their #1 business goal is to get more work. The only way to get more work for the firm is to get it from existing clients, or to develop new client relationships. It’s well-documented that it’s far easier to get more work out of an existing client than to try to land a new client. But how? Doing good work for your client is a great start, but if it hasn’t expanded the work by now, it probably won’t in future.

Over the years I’ve seen a range of studies by research organizations . . . [more]

On May 23, 2017, the Government of Ontario released the Changing Workplaces Review final report by authors C. Michael Mitchell and John C. Murray. It contains 173 recommendations that recommend significant changes to Ontario employment law aiming to create better workplaces with decent working conditions and widespread compliance with the law. The authors consulted with workers, unions and businesses for two years on a wide range of work-related issues. This was the first independent review in Canada to consider specific legislative changes to both employment standards and labour relations in a single manner.

The following is a brief overview of . . . [more]

The FBI says that ransomware nets cybercriminals $1 billion a year. No wonder so many people want a piece of that pie.

Computerworld recently reported that hackers spreading ransomware are getting greedier. In 2016, the average ransom demand to provide the decryption key for encrypted data rose to $1,077, up from $294 the year before, according to a report from security firm Symantec. Symantec also reported a 36% increase in ransomware in 2016 from the prior year. We are aware of small law firms in Virginia that paid $1200 and $3000 to get their data back – the damage being . . . [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. Canada (Governor General in Council) v. Mikisew Cree First Nation, 2016 FCA 311

[60] I am therefore of the view, for all the foregoing reasons, that the legislative process, from its very inception where policy options are discussed and developed to the actual enactment of a bill following its adoption by both Houses and the granting of royal assent by the Governor . . . [more]

Prepared by Windsor Law Student Lois Boateng, this Table of Concordance sets out a side-by-side comparative view of Part III (Child Protection) of the Child and Family Services Act, RSO 1990, c C 11, and Part V (Child Protection) of Bill C-89, An Act to enact the Child, Youth and Family Services Act, 2016, to amend and repeal the Child and Family Services Act and to make related amendments to other Acts (41st Parl, 2nd Sess) Ontario (2017).

A very helpful tool for anyone who is interested in quickly seeing the proposed changes to this Act. . . . [more]

There has been no shortage of press on the conduct and competence of Canadian judges lately. Headlines abound about “Alberta judge who asked sex assault complainant about keeping her knees closed”, the “Hamilton judge who wore Trump hat” and the “Nova Scotia judge under fire for claiming ‘a drunk can consent’” So notorious are concerns about Canadian judges that the comedy show This Hour has 22 Minutes ran a sketch about neighbours being scared when a judge moves in down the street.

More recently, an article ran in the Globe and Mail which appears to suggest another, . . . [more]

To a jurist or a legal draftsperson, caselaw probably looks like a reliable, elegant way to record what legislation really means, in context.

To a programmer, it looks like a collection of bugs, for a program that was badly written in the first place and isn’t being maintained by its authors any more.

The programmer then goes looking for the bug-tracker for the criminal code and there isn’t one. At this point their head explodes.

Introduction

When a statute fails to deal with an unexpected situation, the courts fix it. This is a lot like fixing bugs in programs, . . . [more]

The human memory is crucial to a trial. It is the essence of a lay person’s testimony. So where does memory come from?

In the Organized Mind neuroscientist Daniel Levitin explains.

When we experience an event, a unique set of neurons is activated. The act of remembering something is a process of bringing back on line those neurons that were involved in the original experience… Once we get those neurons to become active in a fashion similar to how they were during the original event, we experience the memory as a lower-resolution replay of the original event. If only we

Harvard Law’s recent relaxation of the LSAT requirements by allowing applicants to take the GRE has spurred a debate in the Canadian context about whether it is prudent to maintain the strict LSAT requirements for law school admissions. So far, the deans of two law schools – Dean Sossin of Osgoode Hall and Dean Holloway of Calgary Law – have taken a public stand in support of the LSAT. The arguments cited are not new. The LSAT, it is argued, is a useful comparative tool that allows admission committees to compare the logical reasoning of their applicants. It is also . . . [more]

This article is by Maurizio Romanin, President & CEO, LawyerDoneDeal Corp. & Nora Rock, Corporate Writer & Policy Analyst, LawPRO.

Facilitating transfers of real estate has been the bread-and-butter of thousands of Ontario lawyers for generations. Despite occasional market wobbles, real estate business has helped firms to flourish in communities of all sizes, often supporting the delivery of family, estates, commercial and even criminal law services. Healthy real estate practices support both lawyers’ own families and access to justice for their neighbours. But there is danger in taking the bread-and- butter work of one’s practice for granted, and in forgetting . . . [more]