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) : Non seulement le juge de première instance était en présence d’une suggestion commune mais, en outre, celle-ci n’était pas déraisonnable et il aurait dû l’entériner; par conséquent, l’intimé, qui en est à sa troisième récidive d’alcool au volant, devra purger 90 jours de prison tel que l’avaient . . . [more]

For the next while the Friday Fillip will be a chapter in a serialized crime novel, usually followed by a reference you might like to pursue. Both this chapter of the book and the whole story up to this point can be had as PDF files. You may also subscribe to have chapters delivered to you by email.

MEASURING LIFE
 
Chapter 19
A Crow’s Eye View

I’ve just finished writing a paper on alienated and estranged children for an recent seminar provided by the Continuing Legal Education Society of British Columbia, their tenth Biennial Family Law Conference. The paper’s subject matter has lingered with me, in particular certain concerns about the therapeutic options available to the court once alienation has been established.

I will assume that readers have at least a passing familiarity with the concept of parental alienation. Very briefly, a child’s relationship with a parent can be damaged, sometimes severed, as a result of the behaviour of the rejected parent, the behaviour of . . . [more]

Recently my daughter gave me a book by Naomi S. Baron titled Words on Screen – The Fate of Reading in a Digital World (2015 Oxford). Naomi Baron is Professor of Linguistics at American University in Washington, D.C.

In the U.S.A in 2013, 30% of the books sold were eBooks – page 207.

Professor Baron states “for romance, erotic fiction and mysteries or thrillers, eBooks were strongly preferred over print”. Page 232.

Baron argues that careful reading and careful thinking are the hallmark of higher education, and that such reading and thinking is better done in print. Baron states “the . . . [more]

Why Googling about how to rob a bank is not recommended is just one item in the June 2015 issue of the U.S. bulletin Connected.

The bulletin, which covers news about the impact of new social media on courts, is published by the Virginia-based National Center for State Courts and the Conference of Court Public Information Officers.

It is a great place to find out about how courts are trying to adapt to the world of Facebooking judges, tweeting witnesses, Instagramming lawyers, and jury members doing their own research on the Internet. Most items are American but they have . . . [more]

Click here to try the new search engine!

I recently reviewed the growing list of open access law journals, and re-read Louis Mirando’s series on this topic:

Open Access, Free Access to Law and Access to Canadian Legal Scholarship (Part 2)
Published February 20th, 2014
Open Access, Free Access to Law and Access to Canadian Legal Scholarship (Part 1)
Published October 25th, 2013

He had provided a good list of open access law journal projects. We had snagged a few others as well.

In revamping our University of Windsor Paul Martin Law Library website, I realized that the list . . . [more]

On July 3, 2015, Quebec lawyers found out that the recently elected (63% of votes) bencher of the Quebec Bar Association, Me Lu Chan Khuong, was suspended with pay from her duties by the board of directors of said association. . . . [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.

Modern Law, Modern Hammers: Canada’s Witchcraft Provision as an Image of Persecution

Natasha Bakht, Associate Professor, University of Ottawa Faculty of Law and Jordan Palmer, PhD Candidate, University of Ottawa Faculty of Law
(2015) 35 Windsor Review of Legal and Social Issues 123

Excerpt: pp 123-125, 131-143

[Footnotes omitted. They can . . . [more]

In conducting the public function of granting Patents, CIPO’s actions are often called into question in private disputes, as well as by individual applicants. Although the “high stakes” of patent litigation may often create novel arguments to invalidate a particular patent, broader policy consequences ultimately arise as to how to temper CIPO’s independent administrative functions with the ability of third parties to raise administrative noncompliance as a ground of patent invalidity. The court’s predilection to review, at the request of individual applicants, administrative type decisions regarding fees, may be contrasted with judicial reluctance to revisit CIPO’s actions once a patent . . . [more]

It’s that time of year again – The Law Society of Manitoba is calling for nominations for the Richard J. Scott Award, an honour presented annually to “an individual who advances the rule of law through advocacy, litigation, teaching, research or writing.”

Richard Scott is Manitoba’s longest serving Chief Justice, having been appointed to the Court of Queen’s Bench in 1985 and elevated to Associate Chief Justice later that same year, and then promoted to Chief Justice of the Court of Appeal in 1990. He retired from the Bench in 2013 and has since returned to legal practice as counsel . . . [more]

Law sometimes hinges on subtle distinctions that are not obvious, and can lead to surprising results. The meaning of the word “use” for trademark purposes, for example.

A key principle of trademark law is that a business must actually “use” its trademark to keep its trademark registration alive, or to enforce its trademark rights against others.

But the legal concept of “use” for trademark purposes is narrower than most would suspect, and can result in a surprising loss of trademark rights for a business.

For example, a trademark on the side of a building, or on a business card, or . . . [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. Meads v. Meads, 2012 ABQB 571

[1] This Court has developed a new awareness and understanding of a category of vexatious litigant. As we shall see, while there is often a lack of homogeneity, and some individuals or groups have no name or special identity, they (by their own admission or by descriptions given by others) often fall into the following . . . [more]