Patents have a reputation of being difficult to read and understand and a key part of most patent litigation proceedings is ‘construing’ or providing meaning to the claims of the patent. A recent decision of the Federal Court considered a series of claims which it determined were not possible to be understood – the claims were ambiguous. As a result, the claims were declared invalid.

Declaring claims invalid for being ambiguous is rarely done in Canada. Various decisions have held over the years that claims are invalid for being ambiguous only if it is not possible to give the claim . . . [more]

Periodically on Thursdays, 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.

Against the Odds: The Indigenous Rights Cases of Thomas R. Berger

Author & Editor: Drew Ann Wake
Publisher: Durvile
Foreword by Hamar Foster KC, Afterword by Shaznay Waugh
Release Date: September 1, 2024
ISBN: 9781990735486 (pbk)
Also available as ebook and audiobook
Page Count: 6” x 9” | 320 Pages
Regular Price: . . . [more]

There’s a lot of talk, grumbling, and bemused head-scratching in law firms these days among partners of a certain age who lament the younger generation of lawyers who are so good at saying no and preserving their nights and weekends for pursuits other than legal work.

What is certain is that the commanding leadership style of previous generations – I will tell you to jump, and you ask how high – are not getting the results they used to.

While it is easy to lament the current younger generation, adapting one’s leadership style is likely to yield better results.

Case . . . [more]

In July of last year, Canada’s three research-funding agencies set out to improve public and academic access to the studies they sponsor. Open access to research and scholarship is proving to be the digital era’s great gift to science, and all the more so, following open access’ contributions to Covid vaccine development during the pandemic. The plan for Canada’s Tri-Agency, as it is known, was to review and revise its Open Access Policy by identifying “the key features of an effective, comprehensive, sustainable and equitable immediate OA Policy for peer-reviewed articles, and the incentives and supports required for the Policy’s . . . [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.

FAILLITE ET INSOLVABILITÉ : Le juge de la Cour supérieure avait le pouvoir, en vertu de l’article 187 (5) de la Loi sur la faillite et l’insolvabilité, d’annuler la libération d’office de la débitrice; par ailleurs, il n’a pas erré en permettant au syndic d’introduire sa demande en annulation . . . [more]

In part 1 of this article, we explored two different areas of the regulation of artificial Intelligence (AI) in Canada. These included existing laws of general application that apply to AI and are in force currently, as well proposed legislation that would regulate the commercial use of AI in Canada directly, known as the Artificial Intelligence and Data Act (AIDA). In part 2 of this article, I will introduce a number of international developments in the regulation of AI that have an impact on Canada and introduce the primary international norms that are developing in this area. The article . . . [more]

Written by Christina-Catenacci, BA, LL.B., LLM, PhD Editor, First Reference Inc.

In August 2024, a New Brunswick labour arbitrator denied the union’s grievance that argued that an employee should have been awarded a job. The union took issue with the employer’s job requirement to have 1,000 hours of experience and stated that it was unreasonable. The arbitrator agreed with the employer that the employer was allowed to stipulate that job applicants for the position of truck driver had 1,000 hours of experience. . . . [more]

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.

Essays in the History of Canadian Law, Volume XII: New Essays in Women’s History. Lori Chambers & Joan Sangster, eds. Toronto: Osgoode Society for Canadian Legal History, 2023. xiv, 344 p. Includes illustrations, bibliographic references, and index. ISBN 9781487553906 (hardcover) $95.00; ISBN 9781487553913 (ePUB) $95.00; ISBN 9781487553920 (PDF) $95.00.

Reviewed . . . [more]

This July I was able to attend the American Association of Law Libraries Annual Meeting in Chicago. I had a wonderful time reconnecting with old friends and colleagues. Many of the sessions focused on how to handle AI in law libraries. I was glad to go to a presentation on project management where I learned that my colleagues at the Law Library of Congress are planning to work on a project to make the records and briefs of the Supreme Court of the US available online. This is a very exciting project that will take many years to complete and . . . [more]

“All people want and need to be Heard, Seen and Loved” (HSL).

— In That Order —

The Dalai Lama (Note 1)

The Youth Voices Initiative (sponsored by the BC Family Justice Innovation Lab Society) is a youth-led group that has been working for over 7 years to advocate for children’s right to have their views heard about issues affecting their lives resulting from parental separation. Note 2

The United Nations Convention on the Right of the Child (UNCRC), Article 12 confirms that this is a RIGHT of children and youth – not a privilege granted by adults.

In 2022, . . . [more]