Birmingham U.K. social services have successfully sought a civil injunction (balance of probabilities), to protect vulnerable teenagers in their care from sexual exploitation, where the evidence is unlikely to secure convictions on the criminal standard (beyond a reasonable doubt).

The injunction granted last week restrains the men named as respondents from contacting a particular 17 year old girl in the City’s care, and from associating with any female under 18 with whom they are not personally associated.

If the men breach the injunctions, the City intends to seek jail terms for contempt of court.

The proceedings do not depend on . . . [more]

Last year I wrote a short review of Richard K. Sherwin’s 2011 book, “Visualizing Law in the Age of the Digital Baroque: Arabesques and Entanglements.” My review ended with the following conclusion:

“Despite the fact that we are awash in images at almost every turn Sherwin suggests that we don’t often think about visual literacy which is problematic because, as he points out, “humans are notoriously blind to their own prejudices.” (p. 40) This is an important book that succeeds in raising our awareness for a more robust application of visual literacy within the context of

. . . [more]

On October 31, 2014, the International Organization for Standardization (“ISO”) published a new standard ISO 37500:2014 – Guidance on Outsourcing (the “Standard” or “ISO 37500”) to provide general guidance on outsourcing. It is likely that the Standard will impact outsourcing practices in Canada, both because of the comprehensive nature of the Standard and because of Canada’s role in its development. In this note I want to look at ISO 37500 in more detail. The discussion is divided into three parts:

(i) Part I provides some background to the publication of the Standard;
(ii) Part II summarizes ISO 37500’s approach to . . . [more]

In the 18 months since the Dialogue Event – a justice system stakeholder forum held at the Faculty of Law University of Windsor, bringing together members of the public (SRLs) and judges, lawyers and policymakers – I have spent a great deal of time talking with, exchanging ideas among, and generally tracking developments in a revitalized “Access to Justice Sector” emerging across Canada.

The A2J Sector: Who are We?

Members of what I am dubbing the A2J Sector include judges, regulators and leaders of the profession (for example in provincial Law Foundations and Law Societies), government lawyers and others working . . . [more]

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from sixty 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. Law of Work  2. Susan on the Soapbox 3. National Blog  4. University of Alberta Faculty of Law Blog  5. IPilogue

Law of Work
New Toronto Union Adopts “Do It Yourself” Model, By-Passing Union Certification Process

A union formed earlier in 2014 called the Toronto Harm Reductions Workers Union . . . [more]

Legal Aid Ontario announced recently that it was committing $2 million to the six legal clinics at Ontario law schools to allow them to create or expand family law services.

This is the kind of creative thinking that we need in the justice system as we tackle the issue of our generation in law: access to justice. But it’s not just access to justice that will be improved; students will receive the experiential education that will enhance what they learn in the classroom.

Our clinic here at Western Law is one of the recipients of this grant. We have used . . . [more]

After Rex Murphy attended the Canadian Bar Association (CBA)’s conference this past August, he must have returned with quite an impression of the pending crisis in the legal profession. Murphy hosted a keynote at the conference, but was also exposed to the CBA’s Futures Initiative, which released its final report that weekend.

Murphy hosted a nation-wide conversation this afternoon on CBC Radio One’s Cross Country Checkup, which was framed as follows:

The cost of hiring a lawyer or going to court is proving too much for many Canadians. An increasing number are going it alone despite the fact

. . . [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.

PÉNAL (DROIT) : L’article 155 C.Cr., qui porte sur le crime d’inceste, peut s’appliquer aux rapports sexuels entre un père et son fils; il n’est pas réservé aux délits impliquant deux personnes de sexe différent.

Intitulé : Directeur des poursuites criminelles et pénales c. M.G., 2014 QCCQ 10602
Juridiction : . . . [more]

The world is a great deal bigger than we know, bigger than we can even imagine. This, at least, we understand, albeit at one of those unhelpful meta levels in our culture’s epistemology. It is the task of science and religion, I suppose, to toil away perpetually at the ever present rockface of the unknown. But somewhere between the physics and the metaphysical we ordinary folk can catch occasional glimpses of the extraordinary, the glint of something unconsidered.

I don’t mean to make it sound as though these insights are always numinous or portentous. They may be, of course, but . . . [more]

Over the past few years the pharmaceutical marketplace has seen an increase in patent “re-litigation” (where a patentee is involved in a second case against another generic). Following the Federal Court of Appeal’s warning to losing brands that they must put their best foot forward in case1[1], and at the same time, arguably permissive attitude regarding new generics in case2, the Federal Court continues to grapple with how to fairly deal with re-litigation. One notable hurdle is the unusual procedural regime of the Notice of Compliance (“NOC”) Regulations. NOC proceedings are designed to result in merely preliminary type . . . [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.

Who Writes? Gender and Judgment Assignment on the Supreme Court of Canada

Peter McCormick
Osgoode Hall Law Journal Vol. 51, no. 2 (2014): 595-626

Excerpt: Summary & Parts V, VI and VIII

[Footnote renumbered]

This article poses the question: Now that women are receiving an increasing share of the seats on the Supreme . . . [more]

Hank Peelle, the owner of Peelle Company Ltd., deluded himself into believing the company’s financial controller, Christine Horner, had a romantic interest in him, despite his 25-year marriage and her long-term relationship. When he thought the time was right, he tried to kiss her and she rebuffed him. Despite some genuine efforts to work it out, Peelle treated Horner differently and the relationship deteriorated. She resigned, making a claim of sexual harassment and reprisal against the employer.