Canada’s online legal magazine.

Canada’s Proposed Financial Crimes Agency: It’s About Time!

I have a vivid memory of being told I was callous for suggesting that an individual who was drafting a Statement of Claim to recover lost funds should instead report their losses to the authorities – they would likely never see their money again. To be fair (to me), they probably never did. That individual’s son convinced them to invest their savings, roughly $14,000, with his friend, a young 20-something crypto-investment “genius” who offered to use his know-how to make them rich, for free (no fees), while offering a 100% guarantee of returns. Sounds exciting! Except, that this situation resulted . . . [more]

Posted in: Practice of Law

It Depends on How You Ask the Question: The True Number of Unrepresented Accused in the Ontario Court of Justice

This paper is part of a larger, multi-year project looking at representation, efficiency and outcomes in Ontario’s provincial court[1]. As outlined in an earlier Slaw piece on this project (“Using Representation Pathways to Explore Court Data”, October 2025), several parts of this research are ongoing. The paper highlights the “representation pathways” idea, which is being explored as a methodological tool and as a way of better understanding the experience of accused persons in the provincial criminal court system.

The research is being carried out using an appearance-based database from the Ontario Court of Justice (OCJ). The data . . . [more]

Posted in: Justice Issues

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. Canadian occupational health & safety law 2. Employment & Human Rights Law in Canada 3. Legal Post Blog 4. Know How 5. ABlawg.ca

Canadian occupational health & safety law
Do you know what you don’t know? Workplace hazard disclosure and the limits of owner liability under the . . . [more]

Posted in: Monday’s Mix

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.

PROCÉDURE CIVILE : Bien que le droit d’être jugé dans un délai raisonnable prévu à l’article 11 b) de la Charte canadienne des droits et libertés s’applique à une personne accusée d’outrage au tribunal en matière civile, les principes établis dans l’arrêt R. c. Jordan (C.S. Can., 2016-07-08), 2016 CSC . . . [more]

Posted in: Summaries Sunday

Summaries Sunday: Supreme One-Liners

As a supplement to our Sunday Summary each month, Supreme Advocacy LLP in Ottawa presents Supreme One-Liners, a super-short descriptive guide to the most recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers its more comprehensive weekly electronic newsletter, Supreme Advocacy Letter, summarizing all Appeals, Oral Judgments and Leaves to Appeal granted.

Appeals

Constitutional Law/Courts: Review of Delegated Powers
Democracy Watch v. Canada (Attorney General), 2026 SCC 28 (41576)

Clarifications re courts’ jurisdiction as to legality of delegated power exercise.

Civil Litigation: Spoliation of Evidence
SS&C Technologies Canada Corp. v. Bank of New York Mellon Corp . . . [more]

Posted in: Summaries Sunday

The Hidden Economics of the Vanishing Apprenticeship

Two columns ago, I followed the money through a law firm’s student recruitment program and found nearly $500,000 a year in lawyer time and expenses before a single billable hour was worked. Last column, I followed that same money into the delegation of actual work and found that firms were quietly losing much of it back through vague instructions, overworked memos, and write-downs nobody quite wants to talk about.

This column follows that same money to where it gets spent – on the reps junior lawyers used to log before anyone trusted them with something that mattered. Those reps are . . . [more]

Posted in: Legal Education, Legal Marketing, Practice of Law

Again, Why? the Big Picture of the Alberta Regulated Professions Neutrality Act

In my previous column on the Alberta Regulated Professions Neutrality Act,[1] I focused on subtle details of the Act and the important implications of those details for how the Act worked and what it did.[2] In this column, I focus instead on the major flaw of the Act, which flaw is glaringly obvious but seems to have received relatively little attention and prompted relatively little pushback outside the legislative assembly.[3] Nothing in this column is revolutionary or imaginative or even particularly original. But it is worth emphasizing nonetheless. While the Act has implications for many regulated . . . [more]

Posted in: Legal Ethics

Tips Tuesday: Researching Indigenous Legal Orders 

Queen’s University Library has added a new chapter on “An Introduction to Researching Indigenous Legal Orders” to their Canadian Legal Research Manual.

The introduction to the chapter notes that it “provides a very brief introduction to researching Indigenous legal orders. It is not meant to be comprehensive, but rather a starting point primarily intended for non-Indigenous law students researching in an academic setting.”

It includes an overview of the terminology, an overview of sources of Indigenous law, a discussion of ethical considerations and limitations of resources, as well as a list of further reading. Suggested resources include . . . [more]

Posted in: Legal Information

Patent Publication Dates

Once a patent is granted, it can be asserted in litigation against an alleged infringer. One of the remedies that can be obtained is “reasonable compensation” for pre-grant infringement pursuant to section 55(2) of the Patent Act. While relief is often sought and granted for pre-grant infringement, the remedy has some subtleties, including those arising from changing practices at the Canadian Patent Office.

Section 55(2) of the Patent Act states the following:

55(2) A person is liable to pay reasonable compensation to a patentee and to all persons claiming under the patentee for any damage sustained by the patentee

. . . [more]
Posted in: Intellectual Property

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. Jumping off the Ivory Tower Podcast 2. Sunday Night Administrative Review 3. Librarian of Things 4. Law of Work 5. Blogue SOQUIJ

Jumping off the Ivory Tower Podcast
Can’t Buy My Silence

Our final episode for this season focuses on the campaign to ban the misuse of . . . [more]

Posted in: Monday’s Mix

The Lingua Franca of the Legal Profession

…All my notions – notions of good and evil, of pleasant and unpleasant, of funny and serious, of ugly and beautiful – are essentially middle-class notions; my taste in books and food and clothes, my sense of honour, my table manners, my turns of speech, my accent, even the characteristic movements of my body, are the products of a special kind of upbringing and a special niche about half-way up the social hierarchy.

-George Orwell, The Road to Wigan Pier

Many in the legal profession who came from a working- or middle-class background can relate intimately to Orwell’s account of . . . [more]

Posted in: Legal Education, Legal Ethics, Legal Information

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) : Dans une affaire de possession, d’accès et de distribution de pédopornographie, le juge de première instance a accordé un poids insuffisant aux caractéristiques personnelles de l’accusé, qui présente une déficience intellectuelle; il y a lieu de substituer à la peine prononcée une peine de 6 mois de . . . [more]

Posted in: Summaries Sunday

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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