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. Abdulaali v Salih, 2017 ONSC 1609

1. The next time anyone at Legal Aid Ontario tells you they’re short of money, don’t believe it. It can’t possibly be true. Not if they’re funding cases like this.

2. The facts are simple. There are no complicated legal issues. Hardly worth a written endorsement, really.

3. But every now and then taxpayers ought . . . [more]

CANLII at 15

CANLII recently passed its fifteenth birthday, with announcements and pronouncements about its many notable achievements. Missing however, from the self-congratulatory posts, rationalizations for incomplete case law databases, and the unfulfilled promise of expanding its meagre coverage of secondary, was any realistic critique of what had been achieved and what remains to be done if it is to become a useful tool for legal research. A “devil’s advocate” seems to be required.

Legal Research

Legal research is more than checking recent cases. Legal research is more than checking current legislation.

The Canadian Legal Research and Writing Guide (formerly . . . [more]

In opposed motions, many arguments masquerade as affidavits. This is improper. For the most part, legal argument should be confined to factums.

In Ferreira v. Cardenas, 2014 ONSC 7119, Justice Myers eloquently sets out the rules on affidavits sworn in support of motions:

[14] Lawyers’ affidavits can be quite helpful in cases where the lawyers, or their staff, have particular knowledge relevant to the facts in issue before the court. In Mapletoft v. Christopher J. Service, 2008 CanLII 6935 (ON SC) at para. 15, Master MacLeod provided the following guidelines for the use of lawyers’ affidavits:

15. For the

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

Talking to Lawyers About Words
Sandra Bekhor

Accountants are trained in numbers. Architects are trained in design. And lawyers are trained in words. As a lawyer, when you speak or write, you choose your words judiciously. Am I right? Every. Single. Word. Means. Something. Very. Specific. That is all well and good when it comes to serving clients as a lawyer. Not as well or good when it comes . . . [more]

By now, you’ve probably heard about the stunning failure at the Oscars ceremony, even if in Canada the Oscars play second fiddle to the Canadian Screen Awards.

To recap, Warren Beatty and Faye Dunaway presented the award for Best Picture to La La Land. The producers of that film took the stage, celebrated, and made the obligatory endless thank-you speech… until they were interrupted and told that the award actually belonged to Moonlight.

Oops.

Or as Plattville, Wisconsin library so brilliantly put it:

We can learn a lot about project failure from studying the video of the award . . . [more]

In a decision released on 15 March 2017 , overturning the Court of Appeal, the UKSC reminds courts that when considering claims for financial support from the estate of a deceased, the test is not whether the deceased behaved unreasonably in leaving the will they did.

The right question for the court is: did the will/intestacy make reasonable financial provision?, not whether the deceased acted unreasonably.

Unreasonable testamentary behaviour of the deceased may be considered, but English law, the court confirmed, recognizes the freedom of individuals to dispose of their assets by will in whatever manner they wish, subject to . . . [more]

Regardless of their reasons for choosing a legal education, today’s young lawyers can expect that their experiences practising law will be different from depictions of the profession they witnessed growing up. The future of law is no longer your mother’s, father’s, or Hollywood lawyer’s practice. For Law Student Week, be sure to check out the 2017 student issue of LAWPRO Magazine which explores what this means for students and new lawyers.

Articles include:

• Artificial intelligence and the self driving lawyer
• Student to lawyer: 20 tips for a smooth transition
• Common practice pitfalls
• What I wish I knew in law school

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. Building NewLaw Podcast  2. McElroy Law Blog 3. Law & Style  4. Meurrens on Immigration  5. FamilyLLB

Building NewLaw Podcast
Legal tech & NewLaw real talk

Peter Aprile and Natalie Worsfold interview Derek Hopfner, co-founder of Law Scout. Derek, along with his friends, Shane Murphy and Travis . . . [more]

You may find it comforting to know that, despite all the talk about innovation and disruption in the business of law, some of the long-standing tactics of legal marketing and business development remain effective. Last month, two client contacts independently forwarded the same competitor’s legal update to lawyers in my firm and asked for advice on the subject.

The publication had the desired effect in that it caught the attention of exactly the kind of client it was targeting, but unfortunately for the competitor, it generated two leads for our firm instead. It was an instructive reminder of the value . . . [more]

The University of Virginia School of Law has launched the Gorsuch Project, a website devoted to the career of Neil Gorsuch, US President Donald Trump’s nominee to fill the vacancy left on the US Supreme Court by the death of Justice Antonin Scalia in 2016:

“Hearings on the nomination of the Honorable Neil Gorsuch to the U.S. Supreme Court are scheduled to begin March 20 and interest in the nominee’s judicial record is high. To assist researchers, we’re proud to announce the launch of the Neil Gorsuch Project, a website that assembles all of Gorsuch’s written opinions, as well

Introduction

Legal aid is intended to assist the most vulnerable in our society, and ensure that they obtain justice irrespective of their financial situations. Often it accomplishes this lofty objective. Far too frequently it does not.

What is more concerning is how references to legal aid are frequently invoked as an obstacle to legal reforms.

One such example would be for the proposal by the Bonkalo Report for paralegals to practice family law. Not unexpectedly, there are family lawyers and judges who have already come out against it. The most recent are several lawyer organizations and some judges of the . . . [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) : Inculpé de conduite avec les facultés affaiblies, l’accusé échoue à obtenir un arrêt des procédures à la lumière du cadre d’analyse de R. c. Jordan (C.S. Can., 2016-07-08), 2016 CSC 27, SOQUIJ AZ-51302609, 2016EXP-2173, J.E. 2016-1212; en effet, la poursuite a démontré que le délai écoulé était . . . [more]