Canada’s online legal magazine.

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 a été démontré hors de tout doute raisonnable que le feu d’artifice que tenait l’accusée, une manifestante, et qu’elle a pointé en direction des policiers était une arme à feu au sens de l’article 2 C.Cr.

Intitulé : R. c. Lavoie, 2024 QCCQ 3591
Juridiction :  . . . [more]

Posted in: Summaries Sunday

Plain Language Tools as a First Step in Dispute Resolution

In his recent post “A Relationship Model of Dispute Resolution”, Jordan Furlong proposes a relationship model of dispute resolution:

The choice of dispute resolution environment should take into account the nature of the relationship that is the subject of the dispute. The more important or valued or future-looking the relationship, the farther away from trials and courtrooms it should be kept.

I wholeheartedly agree. There is value in considering ‘alterative dispute resolution’ processes outside of the courtroom when relationships are at stake. As he notes, “…trials, when they do occur, inevitably damage or destroy any relationship that existed . . . [more]

Posted in: Legal Information

Wednesday: What’s Hot on CanLII? – August 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. R. v. Nnane, 2024 ONCA 609

[1] The appellant, George Nnane, was convicted after a jury trial of two counts of fraud. With the assistance of counsel, Mr. Nnane appeals those convictions, alleging that his trial was unfair because of the ineffective assistance provided by his trial counsel

. . . [more]
Posted in: Wednesday: What's Hot on CanLII

Academic Safe Haven for Irwin Law?

The news, from a distance, that the assets of Canada’s Irwin Law publishing business have been sold is nevertheless interesting and, one might hope, a positive step that will allow its portfolio to be developed in concert with that of the asset acquirer, the renowned University of Toronto Press. It is also hoped that the vendors have the same sense of satisfaction as my fellow owners and I had, at Dunedin Academic Press, having recently passed its assets to Liverpool University Press, and that the customer bases of and suppliers to both Irwin and UTP are the beneficiaries of . . . [more]

Posted in: Legal Publishing

Artificial Intelligence, Law Firms, and the Marx Brothers

Quit the AI theatrics and get on with the business of legal service.

I’ve had it. Had it with the legal industry’s incessant blither blather, adjective-laden hyperbole, and histrionic pearl-clutching – hello, law firms – pertaining to the perils and rarely the pluses of artificial intelligence.

The continuous and roiling notions around AI, its impact on the legal market, and how services will need to be offered, provided, and priced strikes me as a crazy collision of Marx Brothers movies, “A Day at the Races” and “A Night at the Opera.” Wacky, zany, and clear over the top.

AI will . . . [more]

Posted in: Legal Marketing, Practice of Law

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. Risk Management & Crisis Response 2. First Reference 3. Sunday Night Administrative Review 4. Jumping off the Ivory Tower Podcast 5. Employment & Human Rights Law in Canada

Risk Management & Crisis Response
The OSC’s new proposal to distribute funds from disgorgement orders to harmed investors

One

. . . [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) : Les 3 accusés, qui ont agressé sexuellement une jeune femme de 22 ans dans une baignoire à remous et lui ont causé des lésions corporelles, sont condamnés chacun à une peine de 3 ans d’emprisonnement.

Intitulé : R. c. Thibault, 2024 QCCQ 3234
Juridiction : Cour du . . . [more]

Posted in: Summaries Sunday

CBI, Telegram and Corruption in Canada

As an immigration lawyer, I regularly get offers from shady agents and unscrupulous consultants. “We are an agency based in Dubai with connections with millionaires and BILLIONAIRES. We propose a partnership with your esteemed firm and we will give you access to our wealthy clientele.” (For some reason, these agents love caps.) I was reminded of these scams when I read that arrested Telegram CEO Durov is a citizen of no less than four (4) jurisdictions: France, Russia, UAE and Saint Kitts and Nevis. I had to wonder if he was a client of one of those shady agents.

Saint . . . [more]

Posted in: Justice Issues, Miscellaneous

Residency Requirements for Federal Adjudicators – Time to Reassess?

If you want to be a full-time member of a federal tribunal, one of the conditions of employment for many of those tribunals is that you must live within commuting distance of the National Capital Region (NCR), otherwise known as Ottawa-Gatineau. There was a time when this requirement made some sense – in the days before reliable telecommunications, especially video technology. However, today it acts as a significant barrier to a geographic diversity of appointments to tribunals. It also significantly limits the pool of available candidates for specialized tribunals.

Not all federal tribunals have this residency requirement. Some tribunals have . . . [more]

Posted in: Dispute Resolution

Mindful Communication

I recently listened to an audio book called The Art of Communicating by Thich Nhat Hanh.

I have read various books by this world renowned speaker and teacher of mindfulness, and I highly recommend reading or listening to some of his work.

I consider myself well versed in the art of communication. I have read many books and articles on how to improve communication in various settings. However as I listened to this audio book, I realized that my view of communication was very one sided.

It seems that most of us think that communication is the way we verbally . . . [more]

Posted in: Practice of Law

You Live and You Learn, but You Leave Wounds Behind You

Earlier this summer, I attended Pride Toronto, an annual festival celebrating the queer community that attracts three million people to its events. Pride Toronto kicks off a wave of pride festivals across Canada throughout the summer.

While I’m not a member of the 2SLGBTQI+ community, it feels very important to show support for those who are, especially given sharply increasing rates of hate crimes motivated by sexual orientation in our country. But like many Canadians, I didn’t always understand this, or know how to be an ally.

Twenty years ago, I was a student at the University of Toronto when . . . [more]

Posted in: Justice Issues, Legal Ethics

Tips Tuesday: Find Ontario CPD Materials on AccessCLE

This was mentioned this in a SLAW Tip back in 2013, but I thought it worth revisiting.

AccessCLE is a free resource that allows you to search and retrieve Law Society of Ontario CPD program materials from 2004 onwards. Articles are available as PDFs and can be downloaded free of charge.

You can either search materials for keyword or browse by topic. There is also an advanced search option that allows you to restrict your search by author, title, or full text. 

Susannah Tredwell . . . [more]

Posted in: Legal Information

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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