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.

A Flex Time JD: New Approaches to the Accessibility of Legal Education

Osgoode Hall Legal Studies Research Paper Series, No. 7, Volume 13, Issue 2, 2017. Forthcoming in the Canadian Bar Review.

Darcel Bullen, Legal Counsel and Business Agent, Service Employees International Union, Local 2
Lorne Sossin, Dean & Professor, Osgoode . . . [more]

I keep a folder with blog post ideas. Sometimes it is hard to choose which topic to focus on for my Slaw column. Not this time.

Professor John Lande’s column on February 12th recommended (commanded?) readers to find and read Noam Ebner’s recent article entitled Negotiation is Changing. Never one to ignore a recommendation from one of my conflict management heroes, I downloaded and read the article. It is fascinating and thought-provoking. I heartily urge anyone involved in negotiation to do the same. I use that phrase in its widest sense to include the legal profession, the conflict resolution/management . . . [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. Wood v. Fred Deeley Imports Ltd., 2017 ONCA 158

[79] The termination clause in Wood’s employment agreement contravenes the Employment Standards Act, 2000 for two reasons. First, it excludes Deeley’s statutory obligation to contribute to Wood’s benefit plans during the notice period. Second, it does not satisfy Deeley’s statutory obligation to pay severance pay. On either ground the clause is unenforceable. . . . [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.

Research & Writing

Accentuating the Negative
Neil Guthrie

Multiple negatives: In grammar, the general rule is that you shouldn’t use two negatives. It’s incorrect to say I didn’t see no one, although people will know what you mean. The correct thing is, obviously, I didn’t see anyone. Contractual drafters like to avoid double negatives because they give rise to ambiguity. The concern isn’t so much over a sentence like I . . . [more]

First I want to share the good news with you. The new Law Librarian of Congress, Jane Sanchez, started her new position the second week in February. You can find out more about her stellar qualifications here. And the weather in DC continues to be moderate with spring flowers emerging very early.

The bad news just keeps on coming, so I will share only some with you. The new administration has posted inaccurate texts of the President’s orders on their website. And much scientific and other information is disappearing from US agency websites. But even more disturbing is the . . . [more]

In what is certainly the most significant decision regarding the court’s ability to award costs against non-parties in over 45 years, the Ontario Court of Appeal has clarified the source of the court’s jurisdiction to award costs against non-parties and the applicable tests to be applied.

Chief Justice Strathy, writing for a unanimous court, noted that there had been considerable ambiguity in the case law as to whether the court possesses inherent jurisdiction, in addition to its explicit statutory jurisdiction, to award costs against a non-party. Strathy C.J.O. concluded that the court does in fact possession inherent jurisdiction in addition . . . [more]

The following is a Bulletin released March 6, 2017 from the Ontario Ministry of the Attorney General

Ontario is helping families by making it easier for them to navigate family courts and access the legal assistance they need.

Last year, Ontario and the Law Society of Upper Canada asked the Honourable Annemarie E. Bonkalo to lead a review to consider whether a broader range of service providers could deliver certain family legal services.

Ontario and the Law Society are now seeking public feedback on Justice Bonkalo’s recommendations. People can submit feedback online until May 15, 2017.

The province, together with . . . [more]

Delusion only lasts for so long but at a certain point all the indicators cannot be ignored; law publishing, as a business in its own right has run its course; it’s pretty much over, if not necessarily, according to the caselaw, in the toilet.

Previously I suggested a likely scenario envisaged in the not too-distant future. If accurate, I predicted that by that time professional publishing will have become no longer a business in its own right. Rather it may evolve into an increasingly not-for-profit skillset within larger media entities that simply wish to maintain overall relationships . . . [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. BC Injury Law and ICBC Claims Blog  2. Excess Copyright 3. Legal Sourcery  4. Library Boy  5. Cowling Legal

BC Injury Law and ICBC Claims Blog
Limitation Period Not Postponed Where “Injuries Prove to be More Severe Than Initially Believed”

Today the BC Court of Appeal published . . . [more]

The perception of lawyers among the general public is a concern that often emerges among those in leadership positions in the profession.

Granted, some of that negative reputation may be warranted, and there are lawyers who put their own self-interests before their clients, or who behave aggressively and inappropriately with other parties. But these lawyers are still the exception, even in an era of controversy over civility.

Those of us in the field usually know and appreciate that lawyers are the fabric of civilized society, and we ensure that fairness and justice permeate every aspect of society where we are . . . [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) : Reconnu coupable de voies de fait simples dans une affaire où il a appliqué la technique de contrôle articulaire, l’appelant, un policier dont la défense reposait sur l’article 25 C.Cr., échoue dans tous ses moyens d’appel.

Intitulé : Paul c. R., 2017 QCCA 245
Juridiction : Cour . . . [more]

The telephone is old technology. Recent reports have shown that speaking by phone may be on the way out. However, the telephone is still an important part of the toolkit for tribunals in ensuring access to justice. Videoconferencing is the (relatively) new flavour in administrative justice, but we shouldn’t lose sight of the telephone as an accessible and technologically easier tool.

A recent Ontario Divisional Court decision has highlighted the advantages of teleconference hearings: “[a teleconference hearing] can be a useful tool for Tribunals to have to hold hearings fairly and expeditiously, especially given the size of this Province”. . . . [more]