Canada’s online legal magazine.

The Case for Reddit

I started using Twitter in March 2007. That definitely makes me an early adopter of that platform. That was before the first iPhone was launched (in June 2007), before Twitter had a native mobile app and before it even have a native search feature, these last two developments coming through acquisitions (see here and here). One of my first uses of Twitter was to (privately) log food I ate through a service called “Tweet What You Eat”, the first food diary you could actually use on mobile, in my case a Blackberry Electron. I’m such a long time user . . . [more]

Posted in: Legal Technology

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. Couture v TSCC No. 2187, 2015 ONSC 7596

[1] In condominium living, the needs of the many outweigh the needs of the few. However, the power of the collective is not absolute. Power must be exercised within the bounds of the condominium’s established jurisdiction and with due respect to the legal rights and reasonable expectations of the few or the one. . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Of Family Law Flowcharts and Guided Pathways

It’s the hap-happiest season of all.

And for some—family law practitioners in particular—the crackling warmth of hearth and home will be interrupted by the rustling sound of short leave applications, affidavits of unspeakable length and one or two clients’ Ghosts of Marriages Past. I have heard of counsel that dislike dealing with last minute Christmas custody conflicts so vigorously that they write office closure hours for the month of December directly into the retainer agreement. This is all said by way of making the point that family law and mid-December have a long history together. We should be reminded on . . . [more]

Posted in: Legal Information, Technology: Internet

A Fitbit for Your Website

Lo and behold, it’s that time of year again when we will soon be exhorted to compile our recurring yin/yang list of a) all the things we’ll stop doing in the year ahead (eat too much, drink too much, work too much, buy too much) and b) all the things we’ll do oodles more of (eat healthy food, exercise like a triathalete, spend time with loved ones, get outside, save money, read fiction, be grateful, write more, make stuff, etc.) You get the idea.

For most of us, I am sad to report that positive change will likely not come . . . [more]

Posted in: Legal Marketing

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
Avoid the Adverb
Neil Guthrie

The novelist Graham Greene – a master of lean, mean prose – called adverbs ‘beastly’. (In spite of the -ly ending, that’s an adjective.) Think of the adverb ‘quite’, which is either ambiguous or weak: ‘quite good’ can mean ‘better than expected’, ‘something a bit less than good’, ‘actually good’, ‘very good’. In any case, it lacks oomph. … . . . [more]

Posted in: Tips Tuesday

Let 2016 Be a Year of a Compassion for Employees in Canada

Compassionate care benefits are available to employees who have to take time away from work to care for a sick family member who has a significant risk of death. Changes to the availability of compassionate care benefits under the Employment Insurance Act are set to come into force in the New Year. The changes, which were introduced as part of the 2015 Budget, will increase the maximum amount of compassionate care benefits from six weeks to twenty-six weeks. The changes come into force on January 3, 2016.

Compassionate care benefits complement compassionate care leave, which is provided for in provincial . . . [more]

Posted in: Substantive Law: Legislation

Hypothes.is and Annotation

Law has a lot to do with the analysis and exegesis of texts. It’s usually helpful to learn what someone else has thought about a particular passage in a statute or judgment, and especially valuable to encounter a discussion among commentators. CanLII Connects takes us much of the way there, though it seems as though there’s little back and forth via the comments function. It may be that a newcomer to the commenting field will prove to be useful.

Hypothes.is is an annotating facility. Run by a not-for-profit organization aimed at democratizing discussion, it allows anyone to annotate any web . . . [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 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. À bon droit  2. Thoughtful Legal Management 3. Youth and Work  4. Combat Sports Law  5. FamilyLLB

À bon droit
Le plaidoyer de culpabilité dans une instance criminelle constitue un aveu extrajudiciaire dans une instance civile

Nous avons déjà traité de l’impact d’un plaidoyer de culpabilité criminel dans le . . . [more]

Posted in: Monday’s Mix

The Truth and Reconciliation Commission and Law School Curriculum Reform

Professor Rod Macdonald had grand ideas about many things, ideas that were insightful, brilliant, quirky, courageous and original. Among these were his ideas about law school curricular reform. In Professor Macdonald’s view, “curricular reform is a continuing enterprise” and “thoughtful curricular debate is a law school’s primary heuristic device”. These are optimistic views about the importance and the promise of constructive curricular reform. But Professor Macdonald also observed, more pessimistically, that “since most curricular changes are implemented or retracted in the general spirit of tinkering, it is not surprising that the integration of new themes into existing programs has been . . . [more]

Posted in: Legal Education

When Even Trump Calls Foul on Scalia

The controversial situation around affirmative action in American universities has reared its legal head at the Supreme Court of the United States more than once.

Affirmative action was brought into the forefront in 1961, when John F. Kennedy issued an executive and provided financing for it. The Civil Rights Act of 1964 went further, prohibiting discrimination on the basis of race, colour, religion, sex, or national origin, while never explicitly mentioning affirmative action. The Act does not have a comparable component to s. 15(2) of the Charter, but Title VII and subsequent amendments empowered the Equal Employment Opportunity Commission (EEOC) . . . [more]

Posted in: Education & Training: Law Schools, Substantive Law: Foreign Law

Summaries Sunday: Supreme Advocacy

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 (November 12 – December 11, 2015 inclusive).

Oral Judgments

Criminal Law: Dangerous Driving Causing Death; Test For Mens Rea
R. v. Hecimovic, 2014 BCCA 483(36260) 2015 SCC 54

Justice Abella: “The majority is of the view . . . [more]

Posted in: Summaries Sunday

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) : En l’absence d’épisodes psychotiques, les troubles de l’humeur ne devraient qu’exceptionnellement entraîner un verdict de non-responsabilité pour cause de troubles mentaux (art. 16 C.Cr.).

Intitulé : Autorité des marchés financiers c. Patry, 2015 QCCA 1933
Juridiction : Cour d’appel (C.A.), Montréal, 500-10-005472-137
Décision de : Juges François . . . [more]

Posted in: Summaries Sunday

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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