Systemic racism is a reality in Canada. At many junctures in life, a person’s access to opportunities and fair treatment will be affected by their race, skin colour, or indigineity. The legal profession, in order to do its essential work in our society, must recognize and confront systemic racism.

So far, most formal efforts to do so have focused on racism’s effect on lawyers, law students, and others who work in the law. (See for example the action plans from the law societies of BC and Ontario, as well as Alberta’s “My Experience” project). These are worthy . . . [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.

DROITS ET LIBERTÉS : Un homme âgé dont le fils a retiré plus de 100 000 $ de ses comptes bancaires n’a pas été victime d’exploitation financière puisque ces retraits, qui étaient conformes à la volonté qu’il avait exprimée avant d’avoir des troubles cognitifs, ne l’ont pas placé dans une . . . [more]

Last October, I was appointed a director on the board of Canada Legal Information Institute (CanLII). Becoming a director on the board of CanLII is a dream come true for me. It represents not only a personal achievement but also an opportunity to give back to a cause I deeply believe in – free access to legal information. I’ll share my journey and the reasons behind my decision to join CanLII’s board as a director.

A Quest for Access to Legal Information

My journey into the world of legal information access began during my time as a law student in . . . [more]

Written by Daniel Standing, LL.B., content editor, First Reference Inc.

You only get one shot. One chance. A single try. No matter how you say it, in 2023 HRTO 1610 (CanLII), the Human Rights Tribunal of Ontario delivered this message to a would-be complainant, dismissing his claim. . . . [more]

In a recent edition of my Substack newsletter, I made eight predictions about what the legal sector would look like in ten years’ time. The eighth entry on that list was titled “Unfulfilled Justice”:

Universal access to justice is still a distant dream. Regulatory change has made it easier for people to become lawyers and para-professionals, so the supply side of the market is growing. But the demand side still suffers from a lack of civic education around legal rights and remedies, and legal institutions (especially the courts) have held out against change.

That last parenthetical observation about the . . . [more]

In Ahluwalia v. Ahluwalia, 2023 ONCA 476, the Ontario Court of Appeal overturned part of the groundbreaking decision of Justice Mandhane in establishing the tort of family violence. Justice Benotto writing for the Ontario Court of Appeal explained that existing torts adequately address the issue of damages for family harm and that Parliament has not shown an intention to create a new cause of action.

When amending the Divorce Act, Parliament could have revised the legislation to create a new tort, but they did not. Instead Parliament made provisions for fines and contempt orders to address harm suffered . . . [more]

At the beginning of each month, we tell you which three English-language cases and French-language cases have been the most viewed* on CanLII in the previous month and we give you a small sense of what the cases are about.

For this past month, the three most-consulted English-language decisions were:

1. Jessica McGaw v. Sobeys Capital Inc, 2023 ONSC 6279

[7] While this witness was on the stand, counsel for the Plaintiff searched called up on their computer images of Charles Manson and then huddled together and laughed between themselves. Evidently, counsel were of the view the witness bore some . . . [more]

It has been challenging times for law students these last several years. The current 3L cohort began their studies in the midst of an unprecedented global pandemic and has been attending law school in times of economic uncertainty, technological change and heated world conflicts. Recently, students have been struggling with processing the crisis in the Middle East including the deadly and horrific terror attacks of Hamas on Israeli civilians, its hostage taking, the ensuing devastating Israeli military action and the death of too many Palestinians. Our student communities are suffering. So many of them have friends, relatives and loved ones . . . [more]

Ever have those days where you need a smile? Allow me to introduce you to the Smile File. Throughout our careers we may receive letters of encouragement from peers or mentors; well wishes from clients or appreciation about a job well done; experience career milestones; or receive other electronic or written communications that make us smile. Take these communications, letters, well wishes, and milestones and put them into a file folder that you keep – either electronically or in a drawer – and pull them out on those days that you need a smile. On those days, you’ll be able . . . [more]

This year, I checked an item from my bucket list. I went to Monaco to attend the Formula 1 Grand Prix. For race fans, Monaco does not typically offer the best racing on the calendar (fortunately, this year, it had an exciting ending), but there is an allure that has pulled fans to the Mediterranean for the last 80 years. I bookended the summer with a trip to the Brighton Speedway in eastern Ontario to take in an evening of dirt track racing, including the ever-popular min-van race. You could say the very opposite of Formula 1.

At one extreme, . . . [more]