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. Singh et. al. v Braich, 2023 ONSC 5053

[1] This motion is about an examination for discovery gone wrong.

[…]

[3] The defendant brings this motion to compel the plaintiff to answer questions that plaintiff’s counsel objected to. The defendant relies on Rule 34.14 of the Rules of Civil . . . [more]

How does a Court assess a class action claim against a high-tech giant where the evidence is that the plaintiff reaffirmed the conditions of use numerous times in making her transactions in the world following the Supreme Court of Canada’s seminal case in Uber Technologies Inc. v. Heller, 2020 SCC 16, [2020] 2 S.C.R. 118.

In Heller, the Supreme Court found a compulsory arbitration clause in a contract of adhesion was unconscionable and unenforceable. The facts in that case would have required Heller to expend a year’s earnings to dispute the service agreement with Uber.

After Heller, . . . [more]

Last year, I submitted a report to the Law Society of British Columbia concerning the lawyer development and licensing system in that province. The report made only one recommendation — that BC create and adopt an entry-level lawyer competence framework as the basis for a new licensure system — which the law society’s Benchers accepted.

But my report also included a range of what I called “suggestions” — actions that I thought were worthwhile and beneficial, but that didn’t rise to the level of full “recommendations” that the Benchers would have to approve or reject. My goal was to encourage . . . [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) : L’appelante, qui, au terme d’un procès devant jury, a été déclarée coupable de meurtre au second degré pour avoir donné un coup de couteau mortel à la victime, échoue à démontrer que le verdict serait déraisonnable ou que le juge de première instance aurait dû accueillir sa . . . [more]

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

An injured employee may see the employer’s accident-reporting forms and processes as a waste of time and secondary to their seeking medical treatment, but the collection of such information is critical to the employer keeping its safe workplace obligations. When a British Columbia employee knowingly ignores the accident-reporting rules and puts up barriers to the employer finding out what happened, discipline is not far off, as the employee learned in 2023 CarswellBC 2094. . . . [more]

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Every Cyclist’s Guide to Canadian Law. By Christopher Waters. 2nd ed. Toronto: Irwin Law, 2022. xiv, 231 p. Includes table of legislation, table of abbreviations, endnotes, and index. ISBN 9781552216453 (softcover) $35.00; ISBN 9781552216460 (PDF) $35.00. <irwinlaw.com>.

Reviewed by Yolanda Koscielski
Librarian for Criminology, Philosophy & Psychology
Simon Fraser University . . . [more]

Six months ago, I wrote a column about ChatGPT and other tools using large language models (“LLMs”). My aim there was to introduce this technology to readers and briefly outline intersections with legal ethics and access to justice issues. This column provides an update on this topic, including a deeper dive into legal ethics considerations.

I. What are we talking about?

My previous column included a basic overview about how ChatGPT and other tools built on LLMs work. I reshare the following two quotes as a starting point here:

A basic explanation of how ChatGPT works:

“It is trained on

Cyberinsurance Sticker Shock

We’ve been watching cyberinsurance get more and more expensive over the years. Perhaps in the wake of the extraordinary number of data breaches in 2023 (both small and large organizations), it is no wonder that a recent survey showed that respondents report an increase in insurance rates of 50-100% upon initial application or renewal.

Ouch. You must also prepare yourself for an ordeal of six months or more to obtain or renew cyberinsurance.

The August 2023 report from Delinea caused a lot of eyebrows to go up. Almost 80% of survey respondents have used their cyber insurance . . . [more]

A desire to redo my living room has caused me to become addicted to reality TV programs involving design. And to prove that you can learn about business from virtually anywhere, here is an important lesson I learned from “Making the Cut” (if you can believe it).

“Making the Cut” is a clothing design contest that begins with a number of accomplished, talented designers and through competition, whittles them down to two or three finalists. These compete in a full runway show where they must present an entire collection, this last task generally undertaken in a three-day period.

Judges can . . . [more]

I recently started my own practice. There’s a lot to do and a lot to think about—but seeing as I practice in the area of professional responsibility, one of my foremost concerns was ensuring my new firm would comply with Law Society requirements.

From my recent experience, here are five things to think about from an ethics and professionalism perspective if you are opening your own firm or solo practice:

1. Transferring clients: If you are leaving a firm, discuss which (if any) clients you wish to bring with you as soon as possible. Importantly, you cannot unilaterally decide that