Despite all the bad publicity, many lawyers are the unsung heroes of society. We fight the good fight, often unrecognized by any of those around us, and receive no thanks from the recipients of our hard work.

The Federal Court of Appeal released a decision this month in Galati v. Harper, denying the appeal of a 2014 decision which had denied substantial indemnity costs in the constitutional litigation surrounding the Justice Nadon appointment to the Supreme Court. Justice Zinn fixed the costs at a mere $5,000, on a bill of costs for a total of $68,475.74.

The application had . . . [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) : L’article 10 (1) de la Loi sur l’abolition de la libération anticipée des criminels, qui prévoit que l’abolition de la procédure d’examen expéditif (PEE) s’applique rétrospectivement aux délinquants purgeant déjà leur peine, contrevient à l’article 11 i) de la Charte canadienne des droits et libertés; . . . [more]

On one Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all appeals and leaves to appeal granted, so you know what the S.C.C. will soon be dealing with (January 1 to February 10, 2016 inclusive).

Appeals

Transportation: Railway Interswitching
Canadian Pacific Railway Co. v. Canada (Attorney General), 2016 SCC 1 (36223)

Interswitching regulations valid.

Oral Judgments

Criminal Law: (Alleged) Ineffective Assistance of Counsel
R. v. . . . [more]

Private pro bono clinics, law school clinics and clinics run by legal aid organizations are the first point of face-to-face contact with the justice system for most people who don’t have a law firm on personal retainer. They are an essential source of initial guidance for people who have just discovered they have a legal problem, and provide a critical understanding of the lay of the land and the range of likely outcomes; for people who can’t afford counsel and don’t qualify for legal aid, they provide an indispensable source of ongoing advice and information. In my experience, almost every . . . [more]

“Treated” is not quite the right word, but for purposes of this article I’ll say avid Twitter users were treated in early February to innumerable passionate pleas tagged #RIPTwitter that Twitter not change its algorithm and containing warnings that if Twitter dare mess with reverse chronological tweet delivery, the company would have drawn on its last measure of goodwill.

Before continuing, let me first acknowledge that the preceding statement likely sounded like nonsense to most of you. Not many Canadians have Twitter accounts (~25%), and only a tiny fraction of subscribers engage with sufficient frequency to notice small changes . . . [more]

In the case of Armstrong v Lendon, the Ontario Superior Court of Justice concluded that the employer had to pay 21 months of reasonable notice plus aggravated damages for the manner of termination which caused humiliation, embarrassment and the loss of self-esteem. The court did not buy the employer’s argument that there was just cause for the termination, especially since the allegations for cause were made after the fact. . . . [more]

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.

The Unbounded Level of the Mind: Rod Macdonald’s Legal Imagination

Janda, Richard, Jukier, Rosalie and Jutras, Daniel. The Unbounded Level of the Mind. Montreal: MQUP, 2015. Print | Reprinted with permission

Richard Janda, Associate Professor, Faculty of Law at McGill University | Rosalie Jukier, Associate Professor, Faculty of Law at McGill . . . [more]

In the context of criminal investigations police in Canada may obtain “tower dump” production orders. These are orders requiring the applicable cellular telecommunications providers to disclose all records of cellular traffic through a particular cell tower over a specified time period. In R. v. Rogers and Telus, 2016 ONSC 70, Justice Sproat noted that “Every year such orders require cellular providers to produce the names and addresses of hundreds of thousands, if not millions, of subscribers; who they called; who called them; their location at the time; and the duration of the call. These orders may also require that . . . [more]

Apple CEO Tim Cook has taken a very public stand against an FBI request and court order to create a backdoor into the Apple operating system. This arose from the investigation into the San Bernardino mass shooting last December.

See this article on ZDNet for more details. And Read Tim Cook’s customer letter posted on the Apple website for a more complete explanation of Apple’s position.

Kudos to Tim Cook and Apple for this.

Security and privacy experts continue to point out that backdoors are a bad idea that cause far more harm than good.

See, for example, this ZDNet . . . [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. Hole v Hole, 2016 ABCA 34

[62] Although the trial judge essentially treated this as a situation of repudiation or anticipatory breach, she did not consider whether the appellants elected to accept or reject the repudiation. There is no evidence on the record that the appellants clearly and unequivocally accepted the repudiation, and the appellants’ November 2000 request for the respondents . . . [more]

Without question, one of the greatest accomplishments of the Canadian legal profession in modern times was the conclusion of the National Mobility Agreements. Under the leadership of the Federation of Law Societies, the disparate strands of Canadian lawyerdom – Quebec, now, excepted – took an extraordinary step towards knitting themselves into something resembling a national profession. One of the less charming aspects of our hitherto customary approach to federalism – provincial protectionism among legal professionals – is now mostly a thing of the past.

Defined by its own premises, the Mobility Agreements were a means to a twin end: the . . . [more]

Law-firm regulation is moving closer to becoming a reality in most Canadian provinces, but there are still a few misconceptions about what it is, and what it will mean for lawyers and the profession.

Nova Scotia has been studying ways to regulate legal entities, in addition to individual lawyers, for several years, and recently published a draft self-assessment tool for public discussion. The three Prairie provinces recently collaborated to publish “Innovating Regulation,” a discussion paper in which entity regulation figures prominently. The Law Society of Upper Canada also recently published a discussion paper seeking public input on entity . . . [more]