Canada’s online legal magazine.

How to Successfully Launch a Practice in Professional Services

In professional services organizations, launching a new practice group can be a game-changer for firms looking to expand their offerings, enter new markets, or capitalize on emerging trends. Whether you are in law, accounting, recruitment, planning, engineering, or any other sector, the process of establishing a successful practice group requires careful planning, strategic execution, and a deep understanding of client needs. Although the idea for a new practice may come quickly, launching that new area requires careful consideration, including the eleven tips below.

1. Research

Before you begin telling everyone about your new practice, it is critical to research what . . . [more]

Posted in: Legal Marketing

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) : Il n’y a pas lieu d’intervenir à l’égard des peines d’emprisonnement respectives de 12 et de 17 ans qui ont été imposées par le juge de première instance aux accusés, qui ont été reconnus coupables d’homicide involontaire coupable pour leur implication dans le meurtre de la victime, . . . [more]

Posted in: Summaries Sunday

Courting Culture Change for Access to Justice

Why are some restaurants great, while others are so lousy? The great ones don’t usually have better ingredients in the kitchen, or better written policies, or even more talented people.

Usually, they have better culture. The folks leading and working in great restaurants have developed expectations, attitudes, and social practices that produce terrific results, night after night.

What if the same is true of justice systems? Maybe culture is the reason why some courts, tribunals, and segments of the bar consistently produce substantively just outcomes after processes that are quick, affordable, and procedurally fair. And maybe culture is the . . . [more]

Posted in: Justice Issues, Legal Ethics

Book Review: The Fire Still Burns: Life in and After Residential School

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

The Fire Still Burns: Life In and After Residential School. By Sam George with Jill Yonit Goldberg, Liam Belson, Dylan MacPhee & Tanis Wilson. Vancouver, B.C.: UBC Press, 2023. xi, 133. Includes reader’s guide. ISBN 9780774880855 (softcover) $21.95; ISBN 9780774880879 (ePub) $19.95; ISBN 9780774880862 (PDF) $19.95.

Reviewed by Stephanie Karnosh . . . [more]

Posted in: Book Review, Thursday Thinkpiece

Ontario Is the Second Appeal Court to Find a Search of a Digital Device at the Border Invokes Charter Guarantees

In R v. Pike[1] the Ontario Court of Appeal considered the expansive search power of Customs and Border officers under s. 99(1)(a) of the Customs Act.[2]

The Ontario Court of Appeal set the stage for the conflict between the respectful approach to border security and individual privacy rights as follows:

Millions of Canadians travel internationally each year with their personal computers, tablets, and smartphones. The contents of these devices attract some of the strongest privacy interests known to law because they are a window into their users’ lifestyles, beliefs, interests, desires, relationships, finances, health, and much more. But

. . . [more]
Posted in: Intellectual Property

Something Special

Late last week, I received a large parcel delivered to my home. As I opened the package, I began to realize that a group of Slaw’s authors had banded together to create a gift for me!

Below is a photo of the very large framed canvas that I received. You can click on the image to read through the many notes of thanks, encouragement, and even a poem. :)

I am more than appreciative. Our authors here at Slaw are very busy with their professional lives, not to mention their dedicated writing.

Like my friend Simon before me, Slaw is . . . [more]

Posted in: Announcements

Seeking Everyone Interested on US and Canadian Territories

For a few years now, I have participated in academic and professional projects, publications, events and conversations about territories located in Canada, the United States and across the world. These efforts have allowed me to build relationships with people working on the state of legal and government information in these territories, at the access and preservation levels. As a Foreign, Comparative and International Law Librarian as well as Professor of Legal Research, I know firsthand that without widespread access to these foundational materials as well as proper preservation plans, we risk losing relevant materials and data useful for all researchers . . . [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 more than 80 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. Borderlines Podcast 2. First Reference 3. Robichaud’s Criminal Law Blog 4. Family LLB 5. Lawyered Podcast

Borderlines Podcast
#127 – Maintaining Permanent Residence and Changes to Citizenship by Descent

This episode is a historical deep dive on Order in Council PC 1911-1324, an Order in Council from . . . [more]

Posted in: Monday’s Mix

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) : La poursuite ne s’est pas déchargée de son fardeau de réfuter hors de tout doute la défense de l’accusé selon laquelle il croyait honnêtement que l’escorte avec laquelle il communiquait (qui était en fait un policier) avait l’âge légal et qu’il avait pris des mesures raisonnables pour . . . [more]

Posted in: Summaries Sunday

Context Matters: Lessons in the Practicalities of Procedural Fairness

While there may be growing consensus about the fact that self-represented litigants (SRLs) are often unsure of court procedures and processes, a recent decision from the Yukon Court of Appeal highlights the significant implications for SRLs who are struggling, and the responsibility on other justice system players to make the process as transparent as possible. In LK v DD, the respondent in a family law application was successful at the Yukon Court of Appeal in overturning family law orders made at a summary trial of the parties’ applications and cross-applications. The Court of Appeal determined that the respondent had . . . [more]

Posted in: Justice Issues

Assessing Lawyers’ Accounts: Good Points to Remember

In Monkhouse Law v Belyavsky, 2024 ONSC 4970, Justice Centa of the Superior Court of Ontario provided a thorough summary for the factors that courts should consider when assessing lawyers’ accounts. In this case, the client retained Monkhouse Law to handle an employment matter on a contingency basis. However, the retainer was terminated prior to the resolution of the matter, and the client owed fees for the work performed to date. The former client disputed the fees owed.

Key takeaway points:

  • The court always retains a supervisory jurisdiction over legal fees (para 35).
  • Clients are entitled to have an
. . . [more]
Posted in: Practice of Law

Wednesday: What’s Hot on CanLII? – September 2024

At the beginning of each month, we tell you which three English-language cases and French-language cases have been the most viewed* on CanLII in the previous month and we give you a small sense of what the cases are about.

For this past month, the three most-consulted English-language decisions were:

  1. Kanthasamy v. Canada (Citizenship and Immigration)2015 SCC 61

[1] Abella J. — The Immigration and Refugee Protection Act consists of a number of moving parts intended to work together to ensure a fair and humane immigration system for Canada. One of those parts is refugee policy. Under s. . . . [more]

Posted in: Wednesday: What's Hot on CanLII

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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