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 version anglaise de l’article 439.1 du Code de la sécurité routière est la plus claire et est celle qu’il faut privilégier; en outre, elle n’exige pas que l’appareil soit «tenu en main», mais simplement tenu («holding»).

Intitulé : Pedneault-Turmel c. Directeur des poursuites criminelles et pénales, . . . [more]

Borrowing a well-worn title for this post seemed appropriate. I trust Milton Freidman, Noam Chomsky, the Pacific Lutheran University Wind Ensemble, or the countless others who have used the title before me won’t mind.

I’m spending my Saturday cleaning up and organizing a 4-year accumulation of papers, ideas, knick-knacks and other items that have marked my time at CanLII. To keep me company, I needed to select just the right musical mix and I’m very happy to have set the dial on Songza’s “funky” mood channel. The music offers the ideal groove for the act of . . . [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.

MEASURING LIFE
 
Chapter 8
Friday’s Work

My opinion stands that it is not always wise to try and predict the future, certainly for the longer-term, however necessary it is to seek to do so. Unpredictable risk for companies is everywhere and the impact of getting things wrong can be huge, perhaps in some cases immeasurably high. So perhaps rather than use prediction, it is preferable to identify a few key factors and examine the evidence surrounding them in order to anticipate trends in legal and professional publishing.

I believe that, without doubt, legal publishers, particularly the larger ones, face a broad range of challenges. . . . [more]

Federal Minister of Finance Joe Oliver tabled Economic Action Plan 2015 (Budget 2015–16) on April 21, 2015. The Canadian government’s balanced budget proposes a low-tax plan for jobs, growth and security, and projects a surplus of $1.4 billion in 2015–16. There are no individual tax rate or tax bracket changes in this budget. Highlights of the budget of interest to employers and payroll specialists include the following.

Modernizing the Canada Labour Code

Budget 2015 proposes to introduce amendments to the Canada Labour Code (CLC), which applies to federally regulated employers. These amendments would:

• Add protections for paid and unpaid interns,

Over the past few years “But can’t you digitize this [and throw away the original]?” has joined “but isn’t it available electronically?” as a justification for getting rid of print library materials.

While there are advantages to having materials in digital format, the digitization process should not be treated as an easy way of reducing a library’s physical holdings. University libraries have been carrying out interesting digitization projects for some while now, but smaller libraries may find digitizing material more challenging since they do not have the same resources to call upon.

Before starting a library digitization project, there are . . . [more]

Is your website mobile friendly? As of yesterday, Google search ranks mobile friendly sites higher in search results.

This means that if someone does a google search from a mobile device, a site that is mobile friendly will appear higher in the search results than one that is not mobile friendly and would otherwise rank the same.

Given the high and trending higher percentage of time people use phones and tablets for search compared to PC’s, it is increasingly important that web sites be mobile friendly.

You can test a URL for mobile friendliness on this google page. In . . . [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. R. v. Nur, 2015 SCC 15

[1] Gun-related crime poses grave danger to Canadians. Parliament has therefore chosen to prohibit some weapons outright, while restricting the possession of others. The Criminal Code, R.S.C. 1985, c. C-46, imposes severe penalties for violations of these laws.

[2] Section 95(2)(a) imposes mandatory minimum sentences for the offence of possessing prohibited or restricted firearms when . . . [more]

“In matters of grave importance, style, not sincerity, is the vital thing.”

Oscar Wilde

“Originality in the law is viewed with scepticism. It is only the arrogant fool or the truly gifted who will depart entirely from the established template and reformulate an existing idea in the belief that in doing so they will improve it. While over time incremental changes occur, the wholesale abandonment of established expression is generally considered foolhardy.”

Duncan Webb, ‘Plagiarism: A Threat to Lawyers’ Integrity?’ (2009), International Bar Association

Reasons for decisions are the windows into the decision making process. Reasons should ensure . . . [more]

I’ve had several recent conversations with senior lawyers who are reluctant to delegate work to part-time administrative staff. They don’t want to be perceived as demanding. They’re afraid of confrontation.

They are actually more open to the concept of flexible work arrangements than most people give them credit for, but they need reassurances that part-time staff are just as committed to quality work as their full-time counterparts.

Unique challenges of delegating to part-time administrative staff
With more and more of us working outside the office or part-time, there is less opportunity for face-to-face communication, which means that it takes longer . . . [more]

Three things have converged recently that relate to being prepared. Thinking about Slawyers, I am certain that readers of this blog are likely those that support and espouse the notion of preparedness, I decided to write about preparedness from three perspecitives.

1. The unprepared (fly by the seat of your pants and deal with the consequences as they arise)

My youngest daughter is a musician. She recently finished her first year of university and is now looking for employment. Despite her mother and father’s strong (occasionally screechy) suggestions that she begin applying for summer work in March, she put the . . . [more]

In a recent defamation decision, the plaintiff spent nearly $550,000 on legal fees only to recover a $10,000 judgment. The plaintiff was not alone in racking up a large legal bill. The defendant spent nearly $250,000 on legal fees defending the claim.

After the conclusion of trial both sides sought their legal costs from the other side.

The plaintiff argued that it was successful in the result and therefore ought to be entitled to costs.

The defendant argued that the plaintiff should have brought its case in Small Claims Court, or under the Simplified Procedure, and should not be . . . [more]