Canada’s online legal magazine.

Rio Olympics Social Media Guidelines

It seems that dubbing major sporting events the “largest social media event ever” is even trendier than the social networking platforms themselves, and Rio 2016 is no exception. All hype aside, the Rio Olympics haven’t reinvented the wheel, and seem to impose similar restrictions as their predecessors.

The IOC describes appropriate uses and prohibitions in their Social and Digital Media Guidelines. All accredited individuals (athletes, coaches, and officials) who are not accredited as media are allowed to “share their experience at the Games through internet or any other type of social and digital media, provided that it . . . [more]

Posted in: Technology

Wagg Motions: Is There a Better Way?

In 2004, the Ontario Court of Appeal released the decision D.P. v Wagg, 2004 CanLII 39048 (Wagg). And with it birthed an entirely new bureaucracy devoted to Wagg motions.

In Wagg, the defendant was charged criminally for sexually assaulting his gynecological patient, referred to as D.P. D.P. then sued her doctor civilly for sexual assault. In the civil proceeding, D.P. wanted the defendant to disclose the contents of the Crown Brief, which was produced to him in the criminal action. The defendant refused to produce the Crown Brief to her. The plaintiff then brought a motion . . . [more]

Posted in: Substantive Law: Judicial Decisions

Wednesday: What’s Hot on CanLII

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. Wilson v. Atomic Energy of Canada Ltd., 2016 SCC 29

[1] At common law, a non-unionized employee could be dismissed without reasons if he or she was given reasonable notice or pay in lieu. The issue in this appeal is whether Parliament’s intention behind amendments to the Canada Labour Code[1] in 1978 was to offer an alternative statutory scheme consisting of . . . [more]

Posted in: Wednesday: What's Hot on CanLII

‘On Progresse’ in Tunesia

Avenue Bourghiba was closed off. A statute of the founding president of Tunisia on horseback was being reinstated in the square. The current President Essebsi was going to inaugurate it in two days. The taxi dropped me off as close as he could get. Hotel Africa is a high seventies hotel with large wooden panels, brown carpets, and huge chandeliers. As I made my way, urban Tunisia walked by and ordered drinks on the terraces: hip youngsters, women with blond hair, women with headscarves, families, groups of boys, and groups of older men.

Kalthoum picked me up later and we . . . [more]

Posted in: Practice of Law

Stress and Solutions: An Update From the Lawyers Assistance Program of B.C.

Derek Lacroix, QC has been at the helm of the Lawyers Assistance Program of British Columbia (LAPBC) since December, 1996. LAPBC provides confidential outreach, education, support and referrals to distressed members of the bar. Their clients and volunteers include judges, lawyers, articling students, paralegals, legal assistants, support staff and other members of the legal community.

How have the stresses, issues or crises that LAPBC assists with changed in recent years?

The nature of the issues has changed, as has the range. Take alcohol addiction for example. We saw a lot of severe crises associated with substance abuse and addiction in . . . [more]

Posted in: Practice of Law, Practice of Law: Future of Practice, Practice of Law: Practice Management

Of Merit and Diversity in Judicial Appointments

With Justice Cromwell’s surprise decision to resign this September, the Federal Liberals promising reform of Supreme Court appointments, and recent media discussion around the political edges of judicial appointments, The Law Society of BC yesterday offered recommendations to Justice Minister Jody Wilson-Raybould promoting four core principles for the judicial appointment process. They are: “transparency; judicial independence; merit and diversity; and public participation.”

The July 18, 2016 announcement references the report from a recently formed subcommittee of the Law Society of BC’s Rule of Law and Lawyer Independence Advisory Committee, titled “Principles for the Appointment of Justices to the . . . [more]

Posted in: Justice Issues, Miscellaneous

Tips Tuesday

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 and writing, practice, and technology.

Research & Writing

Note Up Legislation, Not Just Case Law
Susannah Tredwell

My tip follows up on Bronwyn’s recent tip about noting up case law. Noting up legislation allows you to see how courts have interpreted a specific piece of legislation; generally the court refers to a section or sections of an act or regulation rather than the entire thing. The fact that legislation is constantly changing does . . . [more]

Posted in: Tips Tuesday

Court Rules Tribunal Required to Consider Lesser Penalties in Case of Mortgage Broker License Revocation

The Ontario Divisional Court has overturned a decision of the Financial Services Tribunal in which the Tribunal revoked a mortgage brokers license because the Tribunal failed to give sufficient consideration to lesser penalties before revoking the license.

On two separate occasions the broker registered a mortgage against the matrimonial home of a client and his wife, at the request of the client. The client also happened to be a registered mortgage broker.

The broker did not speak to the wife nor did he witness her signature on the mortgage documents. Instead, he simply trusted his client that she had in . . . [more]

Posted in: Case Comment

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 seventy 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. Legal Feeds  2. Double Aspect 3. Michael Geist  4. Henry J Chang’s Canada-US Immigration Blog  5. Avoid A Claim

Legal Feeds
Lakehead law grads hit hiring obstacle

As Lakehead University’s first round of law grads hit the job market this year, it seems they’re coming up against some barriers . . . [more]

Posted in: Monday’s Mix

Teaching Technology to Law Students

Anyone teaching technology to law students might be interested in this new special interest group curated by CALI’s Executive Director John Mayer: Teaching Technology to Law Students.

The site is developing a syllabi commons, a list of software, websites and resources, a collection of articles and videos about teaching tech in law schools, and a list of courses that will be taught this fall.

It has an American focus but looks like it will contain useful information for anyone teaching in this area. If you’re interested in learning more contact John Mayer (jmayer@cali.org) to join the Tech-For-Law-Students . . . [more]

Posted in: Education & Training: Law Schools, Technology

Locating Foreign Civil Codes

One of the frequently asked foreign and comparative law research questions is how to find a country’s civil code. A researcher might not know they need a civil code, but they often do. A civil code is the key to accessing all types of private law for many civil law jurisdictions. Modeled after the Code Napoléon or Code civil des Français (1804), a civil code usually contains laws relating to personal status, contracts, torts, “delict”, “obligations”, real and personal property, inheritance and succession, marriage, divorce, family, parent and child, private international law (conflict of laws/choice of law). See, for example, . . . [more]

Posted in: Legal Information

Preserving Your Legal Rights Against Pokemon Go

As of this afternoon, Pokemon Go has officially arrived in Canada. The number of downloads for the augmented reality game were so high that they crashed the app’s servers.

If you haven’t been paying attention, the introduction of this real-time in-public game has created  concerns around trespass, robbery, and even murder.

Pokemon hunting has resulted in police being alerted on suspicious behaviour, only to find people walking in circles staring at their phones. These hapless players have also been targeted by criminals based on their blind meandering. At least one attempted murder suspect has been apprehended due to the Pokemon . . . [more]

Posted in: Miscellaneous

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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