Causation in law is a legal fiction. The philosophical underpinnings behind compensation in tort law require some finding of fault, in order to restore the party to their original position. The but-for test used to evaluate these claims is the compromise the law has developed to hold someone accountable for harm suffered by another party.

However, not all forms of compensation in law are administrated by tort law. Injuries suffered by workers as part of the workforce, in particular, have been carved out into a no-fault regime, specifically for the purpose of resolving these issues more efficiently, more effectively, and . . . [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.

RESPONSABILITÉ : L’ex-ministre Le Hir a été négligent lors de la rédaction d’un article dans lequel il associe le demandeur, un avocat et promoteur immobilier, à la mafia et au crime organisé, car il n’a effectué aucune démarche ni aucune vérification pour s’assurer de la véracité des sources sur lesquelles . . . [more]

The Canadian Association of Muslim Women in Law (CAMWL) was founded in 2013 by Muslim women in the legal community who were brought together by their commitment to social justice. Since then, through its public education, direct advocacy, and law reform initiatives, CAMWL has endeavoured to help shape a legal profession that is responsive to our collective obligation to promote substantive justice and equality.

On November 14, 2016, CAMWL was honoured to receive the 2016 Diversity Award from the South Asian Bar Association. What follows are the remarks delivered that night by CAMWL co-founding member, Fathima Cader.

*****

SABA 2016 . . . [more]

If you have print assets that you want to publish on the web, until now you had two options. The first one: the scanned material is OCR-ed, the text is then extracted into an editable text format (Word or XML), formatting and structure are applied throughout, and then the document is converted to a web-friendly format, like HTML. This is an expensive process even if done offshore. The second option: you can simply publish an OCR-ed scanned PDF file and accept that it will be clumsily rendered, not interactive, somewhat searchable, and in the case of large documents, your browser . . . [more]

Last May we wrote about upcoming amendments to the Charter of the French Language regarding signage in French and trademarks. The amendments received public consultations from May 4 to June 18, 2016. On November 9, 2016, final amendments to the Charter under Regulation respecting the language of commerce and business and the Regulation defining the scope of the expression “markedly predominant” for the purposes of Charter of the French language were published and registered in the Gazette officielle du Québec. . . . [more]

In 2001, I and an undergraduate student at the University of British Columbia started an intellectual property experiment with the original intent of this area of law. I didn’t think of it that way at the time, but now that fifteen years have passed and the results of this imagined experiment could be said to be in, I want to set it out here in those terms (warning: unabashed hubris to follow). What we set in motion in 2001 and have worked on steadily since then is a piece of software. I sketched out workflow and wrote the words, while . . . [more]

Over the years there have been periodic calls for the modernization of Canadian laws regarding the involvement of charities in public debate and public policy development, activities labeled by the Canada Revenue Agency as “political activities.” While legally charities in Canada must devote all of their resources to “charitable activities carried on by the organization itself,” since 1986 section 149.1(6.2) of the Income Tax Act has clarified that a small amount of political activity will be deemed to be charitable (10% of total resources according to current CRA policy), provided that those political activities are “ancillary and incidental to . . . [more]

2016 has seen a continued focus on digital strategy in the Canadian legal market. Legal industry professionals have been late adopters of digital processes. However, the continued disruption in the Canadian legal market has placed pressure on law firms to find new ways to increase brand awareness and to meet client expectations. So what do law firms need to implement digital policies that improve their bottom line and the client experience? Information and a thorough understanding of client needs.

For the second year in a row, fSquared Marketing has gathered data on the Canadian legal market, to help law firms . . . [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. Montgomery v. Van, 2009 ONCA 808

[2] The appellant tenant commenced an action against a respondent landlord for damages after slipping and falling on the premises. In her claim, the tenant pleads that on January 30, 2003 she slipped on ice on the walkway leading to her basement apartment and suffered injury. In his defence the landlord pleads that the Conditions . . . [more]

There is advocacy, and then there is deception. Deceiving counsel should be called out, named, and shamed.

Unfortunately, it is the very lawyers that are so adept at misleading the court that are the hardest to unmask.

Judges should look out for the following red flags to know that something sinister is happening:

1. Only one party has filed material.
2. Important documents are intentionally omitted to mislead the court. That way counsel can try to avoid being sanctioned for expressly lying.
3. Counsel says that the other party “should have known” that a certain point would be argued based on the pleading

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.

Technology

Sway by Microsoft: The Easy Breezy Way to Create an Interactive Presentation
Law Society of Saskatchewan Library

Have you ever had to create a simple interactive presentation in a hurry and PowerPoint seems too daunting when you are in crunch mode? Give Microsoft Sway a try. In a few easy steps, you can create an online interactive presentation that you can make public, keep private, or share with people . . . [more]

I’m old enough to recall cars that had useful gauges – the cooling-system temperature gauge, for example.

Nowadays they have on/off indicators, referred to as “idiot lights.” Such as the check-engine light. The idiot light that this morning is illuminated in my car. I’m writing this article while sitting in the dealer’s waiting room until they attach a computer to my vehicle to diagnose the problem. (And then charge me a bunch of money to fix it.)

The car’s computer system stores a diagnostic code that the dealership’s computer will retrieve, at least as I understand it. What I don’t . . . [more]