Canada’s online legal magazine.

Book Review: Public Health Crisis Management and Criminal Liability of Governments: A Comparative Study of the COVID-19 Pandemic

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Public Health Crisis Management and Criminal Liability of Governments: A Comparative Study of the COVID-19 Pandemic. Edited by Michael Bohlander, Gerhard Kemp & Mark Webster. New York: Bloomsbury, 2023. xii, 368 p. Includes preface, list of contributors, abbreviations, and index. ISBN 9781509946310 (hardcover) $180.95; ISBN 9781509946327 (ePUB) $162.85; ISBN 9781509946334 . . . [more]

Posted in: Book Reviews, Thursday Thinkpiece

Does AI Have a Soul? Can AI Show Empathy?

People’s Law School recently launched a ChatGPT-4 powered Chatbot to respond to questions posed by visitors to PLS’s website. The Chatbot is named Beagle+ and it has a very cute icon.

This PLS post describes the Chatbot and provides some examples of questions and responses. I was particularly intrigued with the assertion that it provides “helpful and empathetic” responses to peoples’ legal questions. I’m skeptical about AI’s ability to communicate effective empathy. But I was surprised to read the final example in the post:

Beagle+: Before you go, I just want to remind you to take care of

. . . [more]
Posted in: Dispute Resolution, Legal Technology

Describing a Police Shooting: A Lesson in Legal Writing

There are a lot of ways to characterize any event, and a good lawyer can use language to describe a situation and also advocate for their client. I learned from experienced colleagues who were teaching students this skill. The example my colleagues used was drawn from a tragic event nearby: a police shooting of a person who had not yet harmed others but who was behaving erratically and had brandished a weapon.

My colleagues used two documents from the case. The first was written by a pro-police advocate who described the scene and the confusion and fear felt by the . . . [more]

Posted in: Legal Information, Practice of Law

Book Review : Family Dispute Resolution: Process and Practice (2024)

Family Dispute Resolution: Process and Practice, just published by Oxford University Press, is THE book that family dispute resolution (FDR) practitioners and educators have been waiting for.

Edited by Peter Salem and Kelly Browe Olson, this book delivers the goods like no other— all 600+ pages of it.[1] It is an essential guide for experienced practitioners in particular—lawyers or mental health professionals with dispute resolution training or experience. The book will remind them why they were drawn to this work in the first place and rejuvenate their practices in unexpected ways.

Though heavily US-focused, there are three strong . . . [more]

Posted in: Book Reviews

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) : La juge de première instance n’a pas erré en condamnant l’accusée, une fraudeuse qui avait usurpé l’identité d’une autre personne, à une peine de 18 mois d’emprisonnement; l’accusée ne convainc pas la Cour que les accrocs procéduraux liés aux déclarations des victimes lui ont causé un préjudice . . . [more]

Posted in: Summaries Sunday

Friday Jobs Roundup

Current postings on Slaw Jobs:

. . . [more]
Posted in: Friday Jobs Roundup

Law Firm Failures — the New Normal?

Legal service is a business. Run it that way.

Many law firms are successful by accident.

Anyone who knows anything about traditional law firm structures knows they are perilously fragile. It doesn’t take much to bring them down.

Up until this latest debacle—the 2024 collapse of Minden Gross—Canada’s highest-profile law firm failures were Heenan Blaikie in 2014, Goodman and Carr in 2007, and Holden Day Wilson in 1996.

Canadian law firms are not alone in this plight. For example—and this is only a small sampling—lawyer exits and merger failure brought down U.S.-based Stroock & Stroock & Lavan at the end . . . [more]

Posted in: Legal Marketing, Practice of Law

Dealing With a Breach of a Court Order

When a party fails to abide by an interlocutory court order, there can be several consequences. For instance in Ontario, Rule 60.12 of the Rules of Civil Procedure states that “…the court may, in addition to any other sanction provided by these rules, (a) stay the party’s proceeding; (b) dismiss the party’s proceeding or strike out the party’s defence; or (c) make such other order as is just.”

In the recent case, Buduchnist Credit Union Limited v. 2321197 Ontario Inc., 2024 ONCA 57 at para 53, the Ontario Court of Appeal reaffirms that the court’s discretion to

. . . [more]
Posted in: Case Comment

Delays in Access to Justice and Memories

Everyone is the poet of their memories. … But like the best poems, they’re also never really finished because they gain new meaning as time reveals them in different lights.

Richard Hell

The resolution of disputes does not always depend on the memories of parties or witnesses, but when credibility is at issue the memories of actions can be a critical part of resolving disputes. The more we learn about how memories are formed, and more importantly, how they are retained, the more we should have real concerns about the ability of decision-makers to assess credibility of testimony of events . . . [more]

Posted in: Dispute Resolution

Awakening the Sun

I recently read about an interesting concept about reframing one’s point of view.

It stated that if you wake up with the sun, you are still asleep. However if you awaken the sun, then you are truly awake.

I had to read it a few times to actually understand it’s meaning, but then I realized that what this means, is that the way our day develops is completely up to us.

If we set an intention for the day to unfold in a calm and peaceful manner, knowing that we are fully capable of dealing with whatever challenges may arise, . . . [more]

Posted in: Practice of Law

Tips Tuesday: Use the Verbatim Option in Google

You may have noticed that Google has changed its search results so that they now include words related to those in your search string. While this can be helpful, sometimes it means that the search results are not what you really wanted. 

One way of forcing Google to return only the words you are searching for is to put quotation marks around the words or phrases you want. Another way is to use Google’s verbatim option.

To use the verbatim option, go to the Tools option on the Google search page. Click on All Results and then select Verbatim. . . . [more]

Posted in: Tips Tuesday

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. Global Workplace Insider 2. Vancouver Immigration Law Blog 3. Le Blogue du CRL 4. Canadian Appeals Monitor 5. The Treasurer’s Blog

Global Workplace Insider
La Cour suprême du Canada tranche : les cadres ne pourront se syndiquer au Québec

Le 19 avril dernier, la Cour suprême du

. . . [more]
Posted in: Monday’s Mix

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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