The Ontario Superior Court of Justice has reaffirmed that when a commercial tenant fundamentally defaults on its lease, the landlord is entitled to treat the lease as ongoing and sue for rent, as it comes due, without any obligation to mitigate.

In the instant case, the tenant, Pet Valu Canda Inc., ceased paying rent to the landlord. The landlord did not terminate the lease and instead elected to sue for ongoing arrears of rent.

The landlord moved for partial summary judgment on the rent that had already accrued and was undisputedly owing at the date of the motion. . . . [more]

The story of “David and Goliath” is a part of our cultural consciousness. Generally, the biblical tale is told as follows: a young shepherd battles a giant warrior and, using only a slingshot, comes out victorious. Today, the phrase “David and Goliath” represents a more secular meaning as a metaphor for improbable victories by a weaker party, better known as the “underdog”. A quick glimpse at popular culture illustrates that this “underdog phenomenon” has generated mass appeal – but why? Some scholars have said it is because the underdog story gives us hope for a fair and just world. However, . . . [more]

Each year LAWPRO asks its articling students to reflect on their law school experiences and how they relate to their early working experiences. Here are the thoughts of our current students Raymond Ashurov and Rahim Andani, as written by Sarah van Scheppen, Communications Coordinator at LAWPRO.

Keep an open mind

Many students enter law school with a preconceived plan of courses and the area of law in which they want to practice upon graduation. Both Raymond and Rahim said that this is one of the most common errors that new law school students make. Without experiencing a variety of courses, . . . [more]

In a decade of teaching legal ethics, I have come to realize that students bring different and often fresh viewpoints to their analysis of ethical issues in the profession. Slaw founding Publisher Simon Fodden agreed to provide a forum for our future colleagues at the bar to share these perspectives with a wider audience. We are fortunate that his successor Steve Matthews has continued to do so.

This year seven University of Ottawa students produced interesting and provocative that will be published by Slaw over the course of this Student Week (March 27th through 31st). The issues range from how . . . [more]

It is not every day that we have an opportunity to effect transformative legal change. It is natural, then, that when last summer a number of cabinet ministers announced the review of four key federal environmental laws, West Coast Environmental Law – along with other lawyers, academics, environmental groups, Indigenous peoples and the general public – took a keen interest. Through these reviews we have an opportunity to not only strengthen environmental processes and substantive legal protections, but to also transform the governance of environmental planning and decision-making.

This opportunity is perhaps most pronounced in the reviews of federal . . . [more]

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. The Court 2. Western Canada Business Litigation Blog 3. Canadian Appeals Monitor 4. Clicklaw Blog 5. Family Health Law Blog

The Court
R v Bingley: Drugs, Discretion, and Deference

In 1994, Justice Sopinka warned against the dangers of expert evidence distorting the fact-finding process …

Western Canada . . . [more]

The state of the media in Canada is increasingly precarious, with several newspaper chains demonstrating indicators of financial difficulty. Reader’s Digest filed for bankruptcy in 2009, and just last year Postmedia merged with Sun, La Presse in Montreal ceased weekday prints, Guelph Mercury went digital only, and the Toronto Star announced layoffs and shutdowns.

Except for some niche news outlets, newspapers might be soon just be a thing of the 20th century.

The biggest casualty in these financial woes is the lack of independent and investigative journalism, given the resources and difficulty in producing this type of content. . . . [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.

PÉNAL (DROIT) : Une infraction qui ne comporte pas de négligence au sein de ses éléments essentiels mais dont les effets sont semblables aux effets d’une conduite négligente est visée par l’article 752 sévices graves à la personne a) (ii) C.Cr.

Intitulé : R. c. Viens, 2017 QCCA 377
Juridiction . . . [more]

One of the predominant topics in any discussion about administrative law is standard of review. The standard of review is at the heart of judicial review proceedings. What I find much more interesting is standard of proof. The vast majority of administrative law decisions never go to judicial review, or even to an administrative appeal tribunal. The decision at first instance is often the final decision. From that perspective, the standard of proof is a far more important concept.

Statutory Standards of Proof

For administrative tribunals, the default is the civil standard of proof on the balance of probabilities, subject . . . [more]

Law firm marketers have been fundamental to the establishment and management of many law firm practice groups and client teams in North American law firms. Critical to the success of these efforts has been the ability to help train team members in their respective roles. Toward the end of my time in-house, I conducted research on what makes for a successful or failed team. The number one reason in both instances? Leadership. If you are charged with starting, running or overseeing a practice group or client team – or if you have any leadership role in your firm (such as . . . [more]

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Why Did It Take So Long for Indian Residential School Claims to Come to Court? The Excruciatingly Gradual Civilization of Canada’s Legal System.

Thomas L. McMahon (SSRN profile) was Executive Secretary of Manitoba’s Aboriginal Justice Inquiry (1988-1991) and General Legal Counsel of the Truth and Reconciliation Commission (2009-2015), and in the . . . [more]