Written by Daniel Standing, LL.B., Content Editor, First Reference Inc.

In 2023 CanLII 111663 (BC LA), a British Columbia successive employer learned that it couldn’t take over with a totally clean slate. It ran into a roadblock when it tried to implement its plan to fire some incapacitated workers who were unlikely to ever return. While legal, perhaps, it ran up against the principle of estoppel, making it unfair to proceed as it wished. The case is a cautionary tale to unionized employers looking to change course on important issues. . . . [more]

In my last column I focused on the legal framework for addressing backlogs and delays in administrative tribunals. Before I start to explore the adjudicator’s toolkit for reducing backlogs and delays, I thought it might be worthwhile to start with what the parties and their representatives can and should do to assist in this rather large challenge.

There is some truth to the perception that one of the parties to a dispute either wants delay or is ambivalent about it. However, that is not always the case. Sometimes resolving a dispute – whether you win or lose – is good . . . [more]

One of the problems with generative AI is that there are so many possibilities and inconclusive data. How often does it hallucinate? Each system claims certain odds, but who is certain? I’ve been mulling over a few hypotheticals where AI has a defined failure rate and the harms are clear and predictable. Of course there are dangers to generative AI beyond the hallucination rate, but I’d like to ignore all of that to puzzle over three variables: time, harm, and benefit.

Assume there are 100 private-school students and twice a year they write a term paper independently. This year a . . . [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): La juge de première instance n’a commis aucune erreur en déclarant l’appelante coupable d’avoir harcelé son dentiste, à l’égard duquel celle-ci avait développé une obsession.

Intitulé : Landry c. R., 2023 QCCS 4381
Juridiction : Cour supérieure (C.S.), Montréal
Décision de : Juge France Charbonneau
Date : 8 . . . [more]

Sweet and Maxwell, part of Thomson Reuters and based in England, was founded in 1799; in 2024, 225 years of its existence can be marked and celebrated. For those with an interest in such matters, the book, “Then and Now” was published for its 175th birthday in 1974 and in 1999, 200 years saw the publication of “Now and Then” (not The Beatles’ version). Its present focus is, no doubt, on the future.

Perhaps two and a quarter centuries might not be considered to be sufficiently eye-catching to make it noteworthy, but I would disagree. In a . . . [more]

Written by Daniel Standing, LL.B., Content Editor, First Reference Inc.

A decision of the Ontario Grievance Settlement Board, 2023 CanLII 115148 (ON GSB), confirms that dishonesty, attempts to shift blame and a lack of remorse are not a winning combination of factors for an employee seeking to overturn a disciplinary measure. In this case, the employee went AWOL for personal reasons, giving the employer a clear path to just cause for imposing discipline. . . . [more]

One of those old truisms that floats around, no less accurate for its long tenure: everybody likes buying stuff, nobody likes being sold to.

It’s a seeming paradox – you’d think that buying and selling would be a perfect match. Except that lots of the time, the selling being done is terrible and gets in the way of what would otherwise be a pleasant buying process. See also, buying literally everything online so you don’t have to interact with a salesperson.

Stuff happens in our brains when we shift into sales mode: the other person (the prospect… how’s that . . . [more]

The buried children have been haunting me. It’s difficult to celebrate the turning of the year while thousands of children remain lost in the rubble of humanitarian catastrophes caused by disasters, political turmoil, and armed conflicts around the world.

In 2023, apocalyptic stories of children and families lost through earthquakes, landslides, wildfires, atrocities, and war crimes filled the news. The Middle East and Ukraine dominated headlines while Afghanistan, Myanmar, and other places were pushed from attention.

An insistent question began to intrude. “What if it was your kids under the rubble?” In late November 2023 this . . . [more]

One Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all Appeals, Oral Judgments and Leaves to Appeal granted from October 27 – November 16, 2023 inclusive.

Oral Judgment

Criminal Law: Assault; Defence
R. v. Lindsay, 2022 ABCA 424; 2023 SCC 33 (40569)

Jamal J.: “We are all of the view that the appeal should be dismissed. We do not accept the appellant’s submission that . . . [more]

I’ve been fortunate in my career to be part of new innovative projects and to help expand the scope of longstanding organizations. My most recent role is Policy and Communications Advisor with the Canadian Lawyers Insurance Association (CLIA). Never heard of CLIA? For an organization that has been around for 35 years, we have an image problem. Or perhaps a lack of image problem. Many of the lawyers we insure have never heard of us.

CLIA is a reciprocal insurance exchange formed in 1988 as a direct response to a need for more effective professional liability coverage for Canadian . . . [more]