To what extent does an employer have to accommodate an employee’s other work and personal commitments when those commitments are unrelated to grounds protected under human rights legislation? A recent Ontario decision sheds light on an employer’s ability to dictate an employee’s work schedule in these circumstances.

In this case, the employee was a server who worked part-time for the employer. The employee was absent for over 20% of her scheduled shifts in a one-year period, and the employer terminated her employment in accordance with its attendance policy. The reasons for the employee’s absenteeism were two-fold. First, she worked full-time, . . . [more]

I’ve touched on this topic in an earlier post called, “Robots, Law, Regulation: “‘Unfortunately It’s Not a Conversation That’s Happening Anywhere …’” In that post I briefly highlighted an observation that Ed Walters* made when talking about the law of robotics, namely: Who makes or monitors the algorithmic decisions embedded in autonomous systems?

Patrick Lin, associate professor of ethics at California Polytechnic State University, posted a very nice “thought experiment” on Ted-Ed a couple of weeks ago that “isolates and stress tests our intuitions” and contributes to this conversation.

It’s a short animated video that . . . [more]

Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from sixty 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. Canadian Privacy Law Blog 2. Susan on the Soapbox 3. Global Workplace Insider 4. Slater Vecchio Connected 5. Library Boy

Canadian Privacy Law Blog
Nova Scotia’s cyberbullying law declared to be unconstitutional and a “colossal failure”

Full disclosure: I was counsel to the applicant in this case. The Nova . . . [more]

After a year of quiet anticipation, the Osgoode Society launched four new titles bringing the total to 100. Surprisingly, little or no fanfare accompanied the momentous occasion. Even the usual collection of literary minded judges were absent, passing on hat should have been major celebration.

While reluctant to say so at an event launching four new titles, the 100th title announced by the Society that evening was in fact the latest offering by Ian Kyer. It was an appropriate acknowledgement of his many contributions to scholarly writing in Canada, on a range of subjects from the history of the Faskens . . . [more]

Trolls lurk in many dark recesses of the Internet. They make online browsing hurtful, defamatory, and sometimes, outright dangerous. These trolls are rarely slayed forever, and often raise their heads once again when given enough time.

The Ontario Court of Appeal recently reviewed an injunction granted in 2014 against a couple operating a website from publishing “in any manner” statement found to be defamatory towards an Ottawa lawyer, Richard Warman.

Among other grounds, the defendants sought a review of the permanent nature of the injunction as being overly broad. The very nature of the website in question was a . . . [more]

Summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. Every Sunday we present a precis of the latest summaries, a fuller version of which can be found on MLB-Slaw Selected Case Summaries at cases.slaw.ca.

This week’s summaries concern: Aliens – International Law – Statutes – Civil Rights – Constitutional Law – Administrative Law – Copyright

B010 v. Canada (Minister of Citizenship and Immigration) 2015 SCC 58
Aliens – International Law – Statutes
Summary: Section 37(1)(b) of the Immigration and Refugee Protection Act rendered a permanent resident or a foreign national inadmissible to . . . [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.

TRAVAIL : La travailleuse, une employée d’une entreprise fédérale qui a choisi de prendre le congé prévu par le Code canadien du travail pendant sa grossesse, n’a pas le droit de recevoir une indemnité de remplacement du revenu en vertu de la Loi sur la santé et la sécurité du . . . [more]

Attentive law librarians and those who read ‘about’ pages on websites and likely most Slaw readers will not be surprised that beginning in 2016, there will no longer be a print subscription available for the Alberta Hansard. The Legislative Assembly of Alberta is following in the footsteps of most other jurisdictions in Canada, which do not offer subscriptions for parliamentary publications. Many public bodies, for very sensible economic reasons, have ceased print subscriptions.

The Alberta Hansard remains the official report of the debates of the Legislature of Alberta, as it has been since it began in 1972. This well researched . . . [more]

After many hundreds of Friday Fillips, it’s time to call it quits. It’s been an honour and a whole lot of fun to be able to punctuate your weeks in this way.

I thought I might spend a moment or two here looking back at the Fillips published at this time of year.

• 2005 Fillips hadn’t begun then, the year Slaw started. But my announcement of a holiday break contains a nice set-break quote from a band I (still) like that serves to round out a decade of Fillips too: “Thanks for the applause, we’ll take a pause for a

It gladdens my heart to write this note. News reports – the general, ordinary, public news that has no vested interest in books or libraries or any of the things that are the bread and butter of those of us who are embedded in the biblio world – continue to report on the flattening or decline of the e-book market. The latest item I saw was in Connexion which reported the phenomenon is not limited to the Anglo world – France (with 6% e-book sales) and Germany (5.6%) also report a similar trend, though from a much lower base. In . . . [more]

The news making waves in law libraries lately has been the announcement of Harvard Law School Library’s “Free the Law” initiative (also reported in the The New York Times). By digitizing their comprehensive collections of printed law reports, Harvard will make publicly available free, open and wide-ranging access to American case law for the first time. The Harvard Law School Library is to be lauded for this initiative, another in a series of projects from their Library Innovation Lab, including The Nuremberg Project to digitize their collections of source materials on the Nuremberg Trials; the H2O project to . . . [more]

Law is like love. “It is the morning and the evening star” (Sinclair Lewis). It is all consuming.

From the moment law school begins, you are hooked. No problem viewed the same way as before. Heightened by the herd mentality, you are under its spell. Obsessed. Devoted. Enslaved. Sometimes to the detriment of your health and relationships, as explained excellently in Kate Managuan’s article: How to Recognize and Prevent Lawyer Burnout.

In order to prevent burnout and to serve the goal of justice, you must turn away from the law’s all-consuming spell and step towards extra-curricular activities.

Involve yourself