Canada’s online legal magazine.

Something Special

Late last week, I received a large parcel delivered to my home. As I opened the package, I began to realize that a group of Slaw’s authors had banded together to create a gift for me!

Below is a photo of the very large framed canvas that I received. You can click on the image to read through the many notes of thanks, encouragement, and even a poem. :)

I am more than appreciative. Our authors here at Slaw are very busy with their professional lives, not to mention their dedicated writing.

Like my friend Simon before me, Slaw is . . . [more]

Posted in: Announcements

Seeking Everyone Interested on US and Canadian Territories

For a few years now, I have participated in academic and professional projects, publications, events and conversations about territories located in Canada, the United States and across the world. These efforts have allowed me to build relationships with people working on the state of legal and government information in these territories, at the access and preservation levels. As a Foreign, Comparative and International Law Librarian as well as Professor of Legal Research, I know firsthand that without widespread access to these foundational materials as well as proper preservation plans, we risk losing relevant materials and data useful for all researchers . . . [more]

Posted in: Legal Information

Monday’s Mix

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. Borderlines Podcast 2. First Reference 3. Robichaud’s Criminal Law Blog 4. Family LLB 5. Lawyered Podcast

Borderlines Podcast
#127 – Maintaining Permanent Residence and Changes to Citizenship by Descent

This episode is a historical deep dive on Order in Council PC 1911-1324, an Order in Council from . . . [more]

Posted in: Monday’s Mix

Summaries Sunday: SOQUIJ

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) : La poursuite ne s’est pas déchargée de son fardeau de réfuter hors de tout doute la défense de l’accusé selon laquelle il croyait honnêtement que l’escorte avec laquelle il communiquait (qui était en fait un policier) avait l’âge légal et qu’il avait pris des mesures raisonnables pour . . . [more]

Posted in: Summaries Sunday

Context Matters: Lessons in the Practicalities of Procedural Fairness

While there may be growing consensus about the fact that self-represented litigants (SRLs) are often unsure of court procedures and processes, a recent decision from the Yukon Court of Appeal highlights the significant implications for SRLs who are struggling, and the responsibility on other justice system players to make the process as transparent as possible. In LK v DD, the respondent in a family law application was successful at the Yukon Court of Appeal in overturning family law orders made at a summary trial of the parties’ applications and cross-applications. The Court of Appeal determined that the respondent had . . . [more]

Posted in: Justice Issues

Assessing Lawyers’ Accounts: Good Points to Remember

In Monkhouse Law v Belyavsky, 2024 ONSC 4970, Justice Centa of the Superior Court of Ontario provided a thorough summary for the factors that courts should consider when assessing lawyers’ accounts. In this case, the client retained Monkhouse Law to handle an employment matter on a contingency basis. However, the retainer was terminated prior to the resolution of the matter, and the client owed fees for the work performed to date. The former client disputed the fees owed.

Key takeaway points:

  • The court always retains a supervisory jurisdiction over legal fees (para 35).
  • Clients are entitled to have an
. . . [more]
Posted in: Practice of Law

Wednesday: What’s Hot on CanLII? – September 2024

At the beginning of each month, we tell you which three English-language cases and French-language cases have been the most viewed* on CanLII in the previous month and we give you a small sense of what the cases are about.

For this past month, the three most-consulted English-language decisions were:

  1. Kanthasamy v. Canada (Citizenship and Immigration)2015 SCC 61

[1] Abella J. — The Immigration and Refugee Protection Act consists of a number of moving parts intended to work together to ensure a fair and humane immigration system for Canada. One of those parts is refugee policy. Under s. . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Law Society Discipline of Lawyer-Politicians: Lessons From Law Society of Alberta v Shandro

The decision of the Law Society of Alberta in Law Society of Alberta v Shandro (2024 ABLS 14) has received media attention, but primarily for the result. In the process of dismissing three citations against politician Tyler Shandro, the Hearing Committee panel makes some important points about politicians who happen to be lawyers – points that are worthy of more attention independent of the result in the specific matter.

It seems intuitive that law society regulation, including complaints and discipline, could be ‘weaponized’ or otherwise abused as a tool against lawyer-politicians.[1] At the same time, it does . . . [more]

Posted in: Legal Ethics

Workplace or Watchtower? Examining the Rise of Employee Surveillance

What motivates you the most in the workplace? Is it the sense of accomplishment from completing a challenging project? Or maybe the camaraderie of collaborating with a great team? No, of course not. Silly of you to think that! The thing that motivates all of us, of course, is fear and paranoia that comes from workplace surveillance! It is the sentiment of an invisible omnipresence—with the threat of criticism, punishment, or even unemployment—that will deliver managers the best results. What else could drive productivity quite like the Orwellian nightmare of constantly being watched by your superior?

This seems to be . . . [more]

Posted in: Justice Issues, Legal Information, Technology: Office Technology

The Catch-22 of Law Firm Partner Profits

A recent article in an American legal periodical highlighted what I believe is the irreconcilable problem with large full-service law firms in that market. The title — “Tensions Ripple Through Partnerships As Law Firm Culture Shifts to Bottom Line Focus” gives away the plot, but a couple of illustrative excerpts are worth sharing:

More law firms are moving to adopt a business-first approach, shifting away from traditional demands on firm partners. At Skadden, Arps, new firm leader Jeremy London has begun requiring their partners to put together business plans laying out their plans for high performance. …

. . . [more]
Posted in: Practice of Law

Summaries Sunday: SOQUIJ

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) : La Cour annule la peine d’emprisonnement que la juge de première instance, qui s’est appuyée sur des facteurs aggravants qui n’en étaient pas vraiment, a imposée à l’accusé, un photographe professionnel déclaré coupable de possession de matériel de pornographie juvénile; elle ordonne que l’accusé purge une peine . . . [more]

Posted in: Summaries Sunday

Lawyers Who Act & Give Back: Watching Seana McKenna Watch Paint Dry – the Remount

Before J.D. Vance, we had our own cat lady, Twiss—an unapologetic lover of cats and Cats. Twiss, along with a cast of other lovable characters and a fantastic script inspired by the great Shakespearean actress Seana McKenna, is set to take the stage at the Palmerston Public Library Theatre (Toronto) from October 25-27.

Watching Seana McKenna Watch Paint Dry is exactly what it sounds like—the title doesn’t mislead. A group of people attend a play to watch Seana McKenna watch paint dry. And why not? She’s Seana McKenna, after all. She’s that good. But as Cecil, the logical character, . . . [more]

Posted in: Announcements

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This project has been made possible in part by the Government of Canada | Ce projet a été rendu possible en partie grâce au gouvernement du Canada