Canada’s online legal magazine.

New Blog Provides “Informed” Legal Commentary

Are you frustrated with the media and pundits providing an incomplete picture of a legal issue? A new law blog seeks to provide a more in-depth perspective on Canadian Legal Ease. The about page states,

This site intends to help fill that gap by providing a forum to provide the public with timely, informed commentary on legal issues currently facing Canada and Canadians.

The opening post this week is from Osgoode Hall Law School Professor Kent McNeil, who says Idle No More Deserves Our Thanks,

A major concern of the Idle No More movement is Bill C-45,

. . . [more]
Posted in: Legal Information

Summaries Sunday

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 are in Jury background checks, Impaired driving , Family law settlements, Mandatory retirement, & Standing:
Posted in: Summaries Sunday

Career Planning – Choose Your Own Adventure

There’s something about the end of the year that provokes reflection and goal-setting. In the past few weeks, I have met with several of my staff to discuss next steps in their careers. In most situations, making the move into the next level of professional practice requires some learning. Managers can be a great sounding board and advocate for staff looking for new experiences. These questions came up again and again in my conversations with staff, and may be a useful frame for other managers and employees as they work together to develop a career strategy.

What is your goal? . . . [more]

Posted in: Legal Information

The Friday Fillip: The View From Above

Height is a thing with humans. You can see it in the various English phrases that capture a de haut en bas relationship: we “look down on” lesser people, and may well be given “oversight” over them, and if things are truly insignificant to us we are likely to “overlook” them. But this fillip isn’t really an essay on wordplay. Rather, it’s a sort of overview of the prospect from the gods.

Let’s start with maps, that most common of views from above. It takes an act of imagination to position yourself in the bosom of the clouds and . . . [more]

Posted in: The Friday Fillip

Let the Students Lead Us

I’ve been teaching at University of Ottawa Law School’s compressed January term, which means a 3 hour class every day. It’s given me a sneak peek at the future lawyers of this country – and I like what I see.

If my class is indicative of the rest of the second and third year law students in Canada, they are bright, eager – and anxious.

Bright and eager is to be expected given that they’re beginning a new challenging career – the anxiety however is troubling.

There is concern over articling positions for those staying in Ontario – no surprise . . . [more]

Posted in: Education & Training, Education & Training: Law Schools, Miscellaneous, Practice of Law

CBC Interview on Courts and Tweets

In last week’s episode of Spark, CBC Radio’s show on digital culture, host Nora Young interviewed Patrick Cormier, CEO of the Canadian Centre for Court Technology (CCCT), about social media in the courtroom. The Cormier interview is at the beginning of the show and lasts about 12 minutes.

The discussion covered the wide range of rules and practices in Canada, the different considerations surrounding the use of social media by reporters, court personnel, lawyers and jurors, as well as the CCCT’s Draft National Guidelines Regarding the Use of Electronic Communication Devices in Court Proceedings (Twitter, blogging etc.).

As one . . . [more]

Posted in: Technology

Resolutions to Better Document Your Files

You can still find yourself being sued for malpractice, even if you have done everything correctly. A well-documented file can help to explain what work was done or to justify an account and can be a lifesaver when it comes to defending a malpractice claim. A good paper trail can help show what work was done on a file long after your direct and specific memories of the file have faded. Here are some resolutions you can make to help you keep a better-documented file:

  • I will document the important conversations and communications on my files: It is just
. . . [more]
Posted in: Reading: Recommended

Possibility of Temporary Layoffs Must Be Included in Employment Contract

The Ontario Superior Court of Justice just confirmed that when an employer attempted to temporarily lay off an employee of 12 years, it actually terminated her because the temporary layoff was made without providing consideration to the employee and was not a possibility included in the employment contract.
Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions

Thursday Thinkpiece: British Psychological Society on Autobiographical Memory

Each Thursday we present a significant excerpt 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.

GUIDELINES ON MEMORY AND THE LAW: Recommendations from the Scientific Study of Human Memory
by The British Psychological Society

Guidelines on Memory and the Law: Recommendations from the Scientific Study of Human Memory. Leicester: Author, 2010

Excerpt: pages 10 – 12

3.i AUTOBIOGRAPHICAL MEMORY

In general the type of memory we are concerned with . . . [more]

Posted in: Thursday Thinkpiece

McJustice – Who’s Lovin’ It?

This column is an unintended and rather abstract follow-up to my last column entitled “Self-Represented Litigants Are Not Things” on the need for reformers to better consider the unique “real life” perspectives of lay litigants when redesigning justice system rules and processes. (It also marks the first time that I have written a column using the first person singular— a monumental occasion for me in overcoming anal retentive tendencies and long-misplaced notions of “proper” writing style.)

My involvement in the upcoming Vilardell v. Dunham appeal and extended reflection on the difficult task of facilitating fair and efficient resolutions to messy . . . [more]

Posted in: Justice Issues

No, You Can’t Sell Those Pictures You Found on Twitter

No, you can’t sell those pictures you found on Twitter. But their owner also can’t enjoy an absurd windfall if you do.

Three years ago we saw heartbreaking images of a devastating earthquake in Haiti. Photographer Daniel Morel saw the devastation firsthand. As it is his work to do, he captured photos of what he saw. He also shared his images via Twitter. As it turned out, it seems much of what the world saw in the early aftermath were those pictures taken by Mr. Morel. We saw them not, however, through any arrangements made by Mr. Morel.

Agence France . . . [more]

Posted in: Case Comment, Substantive Law: Judicial Decisions, Technology: Internet

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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