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.

DROITS ET LIBERTÉS : L’article 500.1 du Code de la sécurité routière, qui interdit toute action concertée destinée à entraver la circulation des véhicules routiers, est déclaré invalide; il porte atteinte aux libertés d’expression et de réunion pacifique protégées par les chartes.

Intitulé : Garbeau c. Montréal (Ville de), 2015 . . . [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 – Criminal Law – Statutes – Bankruptcy – Constitutional Law – Highways – Motor Vehicles

Tran v. Canada (Minister of Public Safety and Emergency Preparedness) 2015 FCA 237
Aliens – Criminal Law – Statutes
Summary: Tran, a citizen of Vietnam, was a permanent resident in Canada. In 2012, he was convicted of producing . . . [more]

Law librarians are used to receiving requests for help in locating government documents and reports, with requesters often expressing a preference for materials in digital format.

Relatively recent materials should not be too hard to locate. In fact, there are new portals that have been created for the very purpose of tracking down digitized government documents. One example is GALLOP, launched a few years ago by the Association of Parliamentary Libraries in Canada.

When it comes to earlier materials, documents, if they have been digitized, may pop up in any number of places, such as HeinOnline for federal statutes. . . . [more]

There’s a kind of pleasure you can get from contemplating an unopened parcel. I think of it as the “brown paper packages tied up with strings” phenomenon. Of course part of the delight is in the anticipation of what might lie within, the knowledge of (and control over?) a coming discovery or surprise, as though you’d called a time-out after the set-up and before the punch line of a joke in the way the best comics can work their timing.

There’s enjoyment, too, in attending to the wrapping itself, I find. That’s easy when the wrapping is artful in some . . . [more]

“Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser: in fees, and expenses, and waste of time. As peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough.”

Abraham Lincoln
Notes on the Practice of Law
The Library of America, Lincoln: Speeches and Writings, 1832-1858

John-Paul Boyd is the executive director of the Canadian Research Institute for Law and the Family. The Institute is a federally-incorporated charity established in 1987 and is affiliated with the University of . . . [more]

In a recent speech to the world’s insurance companies, Mark Carney, the Governor of the Bank of England (and formerly of the Bank of Canada), warned of the risks of lawsuits “by parties who have suffered loss or damage from the effects of climate change [who] seek compensation from those they hold responsible.”

While not presenting such lawsuits as a sure thing, Mr. Carney alluded to multi-billion dollar lawsuits against the Asbestos industry and said that the risks of such litigation “will only increase as the science and evidence of climate change hardens.”

West Coast Environmental Law made a . . . [more]

Governments have been steadily increasing statutory leaves of absence entitlements to help employees deal with various personal issues without fear of losing their jobs. The Manitoba government is raising the bar by introducing groundbreaking proposed changes to the Employment Standards Code that would give victims of domestic violence the right to time off work without fear of job loss, give employees a new leave for long-term illness and injury, and extend the length of leave for compassionate care. . . . [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.

Legal Blogging and the Rhetorical Genre of Public Legal Writing

Jennifer Murphy Romig, Instructor of Legal Writing, Research and Advocacy, Emory University School of Law
Legal Communication & Rhetoric: JALWD, Vol. 12, 2015

Excerpt: Introduction, Section II, and Appendices

Introduction

Now is the time to bring scholarly attention to a new genre . . . [more]

Most often when an employer wants to connect with staff to find out how the firm is doing or where they can make improvements, they will create a survey that allows people to answer anonymously. Employee engagement programs and the surveys that go with them are usually led by the human resource department and (hopefully) an external, impartial 3^rd party. This makes sense but what can be lacking from these programs is an understanding of how to get the greatest participation through messaging and a marketing process. This is a bit off topic from the usual marketing and business . . . [more]

On such an afternoon some score of members of the High Court of Chancery bar ought to be … engaged in one of the ten thousand stages of an endless cause, tripping one another up on slippery precedents, groping knee-deep in technicalities, running their goat-hair and horse-hair warded heads against walls of words and making a pretence of equity with serious faces, as players might…between the registrar’s red table and the silk gowns, with bills, cross-bills, answers, rejoinders, injunctions, affidavits, issues, references to masters, masters’ reports, mountains of costly nonsense, piled before them… This is the Court of Chancery, which

An Ontario court recently ruled in 395804 Ontario Limited c.o.b. as Blacklock’s Reporter v. Canadian Vintners Association and Dan Paszkowski that circumventing a subscription paywall to access a news article violates the technological protection measure (TPM) provisions in Canada’s Copyright Act, and negates the fair dealing defence to copyright infringement available under Canadian law.

The plaintiff, Blacklock, published a subscription-based newsletter which used a paywall to restrict access to paying subscribers. The defendants (collectively the “CVA”), sought a copy of an article from the plaintiff’s website. The CVA obtained a copy of the article by obtaining another subscriber’s assistance, . . . [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. Karmel v Calgary Jewish Academy, 2015 ABQB 731

[82] There is little point in setting out the rest of the correspondence. By the end of 2012, as I have emphasized, the die was cast. By the time the special meeting of the Board was called in February 2013, it was obvious that the PEC would recommend Mr. Karmel’s removal. Since Mr. . . . [more]