Summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. Every Sunday we present a precis of the latest summaries, a fuller version of which can be found on MLB-Slaw Selected Case Summaries at cases.slaw.ca.

This week’s summaries concern:
Chattels real v. personal/ Aliens – Naturalization / Constitutional Law – Indian defined/ Criminal Law – Sentencing:

Chaque semaine, nous vous présentons un résumé d’une décision d’un tribunal québécois qui nous est fourni par la Société québécoise d’information juridique (SOQUIJ) et ayant un intérêt pancanadien. SOQUIJ relève du ministre de la Justice du Québec, et elle analyse, organise, enrichit et diffuse le droit au Québec.

Every week we present a summary of a decision by a Québec court provided to us by SOQUIJ and selected 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.

CONSTITUTIONNEL (DROIT) . . . [more]

Once upon a time, I represented a client (rather than managed the project) when I met with a senior project manager new to an in-progress project. He informed me that our job together was to “manage the client’s expectations.”

“No,” I replied, “our job is to meet the client’s expectations. Are you saying we didn’t set them correctly in the first place?” Given that the project already underway, he was telling me subliminally either that he thought the project was about to fail or that his predecessor had screwed up.

The difference between setting and managing expectations is more than . . . [more]

We called it black and white, but in truth it was all shades in between. It was how we saw movies, how our photographs looked. And somehow the eye didn’t blench or weep for want of vibrant reds. We made up the colours in our minds, perhaps — it’s difficult to remember the ur-experience now that Dorothy’s landed in Oz and LCDs play across a full 60 inches — or perhaps we simply didn’t care about colour, pushing through to the essentials such as the story or the memory of an event.

Nature anticipates the greyscale with its retinal rods . . . [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.

Utopia, Book 2
Sir Thomas More
Published 1516

(Excerpt: Of Their Slaves, and of Their Marriages)

They have but few laws, and such is their constitution that they need not many. They very much condemn other nations, whose laws, together with the commentaries on them, swell up to so many volumes; for they . . . [more]

One of the principles governing how the law has come to terms with electronic or digital technology is that of media neutrality: the law should work the same way regardless of the medium by which information is created, communicated or stored. We do not want to create a parallel system of legal rules that apply only when certain technologies are used. We may need to adapt our usual rules to deal with special characteristics or applications of the technology, but these should disrupt normal expectations as little as possible. The challenge is to judge how far it is appropriate to . . . [more]

As of today I am retiring as publisher, editor, and manager of Slaw. I have asked Steve Matthews, the innovative and talented President of Stem Legal, who has been with Slaw since the beginning, to take over as publisher of Slaw; and I’m thankful indeed that he has agreed. Steve is in charge here now.

This is something of a wrench for me. I started Slaw nine years ago and have managed it since that time; I’ve written more than 2,500 entries and another 500 or so as Administrator. I’ve seen it grow from a crew of half a dozen . . . [more]

I’m wearing my risk management hat this week, while attending the American Bar Association’s conference on legal malpractice. Though one might argue if I did my job well, there’d be no need for it, the unfortunate reality is that legal malpractice claims continue to be filed across Canada. In keeping with the theme of my week, following is a repost of a recent article I wrote for the Canadian Lawyers Insurance Association Loss Prevention Bulletin on a consistent source of claims against lawyers – the missed limitation date.

Two years ago, just after Christmas, there was a small fire 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. Reference re Senate Reform 2014 SCC 32
   

   [1] The Senate is one of Canada’s foundational political institutions. It lies at the heart of the agreements that gave birth to the Canadian federation. Yet from its first sittings, voices have called for reform of the Senate and even, on occasion, for its outright abolition.

   [2] The Government of Canada now asks this Court, under

You or your client may come across a patent or patent application and be aware of prior art or have other reasons to believe it is invalid. The patent may have shown up in a patent search, such as a freedom to operate search or be listed in a demand letter sent by the competitor.

Depending on the situation, the competitive situation, and the budget, there are several ways to challenge the validity of a Canadian patent application or issued patent. I recommend involving a patent agent and/or patent lawyer to assist with determining which, if any, option is best . . . [more]

Tax season brings the financial aspects of our careers into stark focus. Ledgers of our spending habits laid out in black and white. Nice and not-so-nice surprises in discussions with our accountants. Writing cheques to the Receiver General (what fun!).

In this vein, the topic of financial literacy sometimes crops up in the practice management discussions I have with young lawyers. The cost of living in Vancouver being what it is, student loan payments, social pressures to “keep up” with peers…it all adds up. Sometimes, it reaches a breaking point.

I recently sat down with an inspiring young professional who . . . [more]

I recently retold a story about a colleague of mine, who back in the very early 2000s asked me to investigate whether there was a satellite image of a particular point of interest to our file. It was certainly the coolest research I had done at that point – finding a source of satellite images to prove or disprove the location of an object…new and very interesting stuff at that time. Given the period in time when this task occurred, the point in my recent story telling was how lawyers that I work with are creative in their use of . . . [more]