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) : À la lumière de la jurisprudence quant au sens à donner à l’expression «intérêt de la justice» se trouvant à l’article 683 (5) C.Cr., il y a lieu de rejeter la demande du requérant de suspendre l’interdiction de conduire qui lui a été imposée par le juge . . . [more]

 

For the next while the Friday Fillip will be a chapter in a serialized crime novel, interrupted occasionally by a reference you might like to follow up. 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.

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MEASURING LIFE
 
Chapter 14
Verbal and Not

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Difference is a necessary part of the human condition, without which we’d be an awfully dull lot. Although difference is what gives us creativity and invention, it’s also the cause of intolerance and war, and it’s what keeps family law lawyers in business. As Martin Gore famously put it,

There are an infinite number of reasons why committed, long-term relationships break down. Some people get bored. Some grow apart as they get older. Others just turn into assholes.

Once upon a time, thanks largely . . . [more]

On April 21, 2015, the Superior Court of Quebec made a decision in favour of the plaintiff and ruled against the government of Quebec.

We’ve always found it somewhat confusing and nonsensical that Quebec’s soon to be former Code of Civil Procedure contains a section titled “dilatory exceptions”, i.e. procedures “intended to cause delay”. At a time when we are constantly reminded that access to justice is hindered by costly procedures and long delays, and that we should find ways to streamline the legal process, it seems incongruous to actually draft dispositions that allow for longer delays and higher costs at one party’s behest. This is not to say that sections 168 and ss. of the Code of Civil Procedure don’t have . . . [more]

In Ciszkowski v Canac Kitchens, the Ontario Superior Court of Justice concluded that a long-term employee was constructively dismissed when he considered himself demoted upon his return to work from heart surgery. This demotion due to his disability created a serious erosion of the working relationship. . . . [more]

I started my legal career as a summer student in 2008 with what was then known as Ogilvy Renault LLP in Montreal (now known as Norton Rose Fulbright Canada (NRF)). Before discovering the firm, I had not contemplated working at a big firm but I loved the people, the practice area I chose (employment & labour) and the intense intellectual challenge of working with some of the smartest people I had ever met. I wasn’t planning on leaving. I considered myself a “lifer”.

“Life” lasted only a few years. I left the firm in 2012 to lead Employee Relations for . . . [more]

On Tuesday, the Truth and Reconciliation Commission released its findings after its multi-year investigation into over a century of physical, cultural and sexual abuses against Aboriginal children at Church-run Indian Residential Schools.

The Government Library & IM Professionals Network, part of the Canadian Library Association, has compiled the Commission’s many calls to action that focus on the information management community (museums, Library and Archives Canada, archivist associations, vital statistics agencies, etc.).

Library and Archives Canada has compiled a list of resources relating to residential school records.

 

 

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Ontario has an elaborate system that allegedly protects endangered species. Under the Endangered Species Act (ESA), endangered, threatened or extirpated species and their habitats cannot be harmed or destroyed, except by permit or if authorized under the regulations.

Leaving aside the massive exemption regulations for industry and agriculture that are presently under attack in the courts, endangered species and their habitats are supposed to be harmed only with the personal permission of the Minister of Natural Resources (MNR). Most regulatory permits in Ontario are issued by civil servants; requiring that endangered species permits be issued by the Minister personally underscores . . . [more]

Alberta has been the subject of some change-related discussion lately, described with words like transformation, major change, new ways and old ways, and alignment nationwide. And I’m not referring to politics.

On May 22, 2015, the Law Society of Alberta sent Alberta lawyers and students-at-law an article offering “a glimpse into the new education plan” — which plan was rolled out this Monday, June 1, 2015.

The Education Plan addresses the articling process in Alberta: According to the article, any student who applied to be a student-at-law after June 1 is to use the new plan. The plan is also . . . [more]

There’s plenty of rich data on new lawyers in Canada to be found final report from Law and Beyond (“LAB”), a study of Canadian lawyers called to the bar in 2010. The key findings of the study, released last week by Ronit Dinovitzer, provide a glimpse into the kinds of information researchers gleaned about this cohort; for example:

• Twenty-two percent (22%) of the LAB sample are non-white, 56% are women, and 16.4% are immigrants.
• Women remain more likely than men to work in the public sector, even in their early careers, with more than one quarter of women

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Nobody likes conversations with clients who are complaining about the size of their bills. If you respond with something like “I think you’ll find that our fees are commensurate with other firms of our size and experience”, you’re missing an opportunity.

Ideally, clients should not be surprised by the amounts of their bills; if you’ve communicated with them throughout the matter, they should already know what to expect. But what they’re really asking is “What do I get for all this money?” That’s when you need to have the Value Talk.

To a client starting up a business, the value . . . [more]