Receiving notice from a regulator that there has been a professional conduct complaint against you can be overwhelming and stressful. Many lawyers’ minds jump to the worst-case scenario: Am I going to lose my licence? Fortunately, this is a rare outcome. But lesser penalties or remedial consequences can still affect your career, and even if the complaint is dismissed the process can be lengthy and challenging.

Most conduct complaints are resolved without proceeding to discipline at all.[1] This is the goal upon receiving a complaint, and it is often attainable. Your response—or lack thereof—plays an important role in determining . . . [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) : Le juge de la Cour supérieure n’a pas erré en concluant que l’infraction d’excès de vitesse est une infraction de responsabilité stricte.

Intitulé : Directeur des poursuites criminelles et pénales c. Dafinei, 2023 QCCA 1596
Juridiction : Cour d’appel (C.A.), Montréal
Décision de : Juges Geneviève Marcotte, . . . [more]

Some recent court decisions have focused more attention on double patenting in Canada. Double patenting occurs when someone obtains two patents for the same (“co-terminus”) or similar (“obvious-type”) inventions. If challenged, granted patent claims can be found invalid if they are found to be double patenting over another patent owned by the applicant.

The Supreme Court of Canada has cautioned that, “If a subsequent patent issues with identical claims, there is an improper extension of the monopoly.” Many of the decisions on double patenting, including this statement from the Supreme Court arise from disputes over “old Act” patents where the . . . [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.

Executions: 700 Years of Public Punishment in London. Edited by Jackie Keily. London: Philip Wilson, 2022. 144 p. Includes illustrations and index. ISBN 9781781301081 (softcover) $26.99.

Reviewed by Amy Kaufman
Head Law Librarian
Queen’s University

The death penalty may seem distant for many of us, with its last use in . . . [more]

My Dad, who passed away in 2006, had a collection of favorite sayings. At one point we packaged them up and listed the top 10 ala David Letterman. At the top of the list was the phrase “listen you might learn something”. Over the years I have begun to understand more deeply the wisdom of his words.

Listening well is a key competency for being a good human. It is especially important for those in leadership and in the conflict management disciplines, such as law, mediation, arbitration. There are probably thousands of books and articles written on what effective listening . . . [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, qui a déclaré l’appelant délinquant dangereux et a ordonné son incarcération pour une durée indéterminée, a erré dans son appréciation de la preuve relative aux facteurs aggravants contenus dans un rapport du service correctionnel; la tenue d’une nouvelle audience est ordonnée.

Intitulé . . . [more]

Dear Tri-Agency,

I was delighted to see your announcement last summer that the Tri-Agency, representing Canada’s major research funders (CHIR, NSERC, SSHRC), have decided to review your Open Access Policy on Publications. Your continuing efforts to increase the public’s ability to consult research and scholarship through this policy are admirable. Having seen your invitation for public input on the review process, I wanted to make a small contribution, as a professor of education who started a Public Knowledge Project 25 years ago to support public access to research, and as a school teacher before that . . . [more]

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]