Disputed territories is a term that comes and goes, depending on who is doing the disputing and whether the claims can be attached to other geopolitical trends or issues. Personally, I’m currently working on the concept as part of my research for my upcoming book, Legal and Government Research on US and Canadian Territories. Territories are incredibly different from one another and they continue to develop in multiple shapes and forms. For a long time, the term “territory” has become a useful bucket where national governments, the law, media, academia and national narratives lock these places in an attempt . . . [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. South West Terminal Ltd. v Achter Land, 2023 SKKB 116

[40] Counsel for Achter remonstrates that allowing a simple 👍 emoji to signify identity and acceptance would open up the flood gates to allow all sorts of cases coming forward asking for interpretations as to what various different . . . [more]

To be a victim is one thing. To be a survivor is quite another. In a world where violence against women and intimate partner violence (IPV) runs rampant and unabated, victims are everywhere, seen and unseen. But survivors — those who have endured, who continue to endure, who persevere against adversity — they are everywhere too. They too are unseen, their stories and lives hidden beneath the scars they carry and the pain in their hearts. Their voices, their words, and their lives have informed everything I am about to tell you. These survivors are those who have survived intimate . . . [more]

As new technologies change how we create content, they also change how we absorb information. While content marketing is a significant tool to build relationships and create an online presence, what technology has changed, and we need to be in front of, is the way audiences consume content and the value that is added. More so than ever, clients expect more dynamic forms of communication that deliver meaningful interactions.

How we generate and share content has evolved from the early days of writing articles for newsletters and magazines to interactive publications with podcasts, webinars, live-streaming events, and virtual reality experiences. . . . [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’appel d’un jugement de la Cour du Québec ayant déclaré les 2 appelants coupables de voies de fait simples, de voies de fait causant des lésions corporelles et de voies de fait graves à l’endroit de 6 victimes dans le contexte d’une série d’incidents violents survenus dans . . . [more]

By Daniel Standing, LL.B., Editor at First Reference Inc.

In 2023 ONCA 364, the Court of Appeal for Ontario has written the latest chapter in an ongoing legal saga about whether the ground of discrimination of “citizenship” is distinct from the concept of “permanent residence.” In the jurisprudential sense though, it is a first chapter, since this is the first time the interpretation of discrimination in employment on the basis of citizenship has come before the Court. . . . [more]

When Everyone in the Legal World Knows Your Name

We are sure that New York lawyers Steven Schwartz and Peter LoDuca are not especially happy to have become famous by way of failing to vet the accuracy of ChatGPT which made up cases and citations that become a part of the brief they submitted to New York Federal Judge P. Kevin Castel.

The lawyers’ client, Roberto Mata, sued the airline Avianca, claiming he was injured when a metal serving cart struck his knee on a flight to Kennedy International Airport in 2019.

When Avianca requested that Judge Castel toss out . . . [more]

Dear Reader: The following column contains references to popular music of the mid-1990s. To heighten your reading experience, we recommend you familiarize yourself with the lead single from Alanis Morissette’s Jagged Little Pill album, along with the catalog of “Weird” Al Yankovic. It also would not hurt to hear Warren G’s Regulate, an anthem of the G-Funk era. But for that of Yankovic, the music referenced contains explicit lyrics and deals with mature subject matter that may not be suitable for everyone. Listener discretion is advised.

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It was the summer of 2022. Social media was abuzz.

An Alanis Morissette . . . [more]

By reviving the long-defunct “King’s Counsel” designation in his province, Ontario Attorney General Doug Downey has succeeded in taking what should have been a good news story and turning it into a scandal.  

The first hint of a possible issue was the making of the announcement by press release on Friday, June 30^th just prior to the Canada Day long weekend. This is a time to bury news, not to make news. In the parlance of the much-beloved political classic The West Wing, this practice is referred to as “take out the trash day”.

In the . . . [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.

FAILLITE ET INSOLVABILITÉ : La règle anti-privation, dont l’existence dans les provinces de common law a été confirmée par la Cour suprême du Canada dans Chandos Construction Ltd. c. Restructuration Deloitte Inc. (C.S. Can., 2020-10-02), 2020 CSC 25, SOQUIJ AZ-51712024, 2020EXP-2239, trouve également application au Québec.

Intitulé : Syndic de . . . [more]

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

Don’t steal. Don’t steal. Don’t steal. It’s a short but super-important mantra that every employee with access to their employer’s money (and those who don’t) should live by. 2023 BCSC 892 (CanLII) illustrates the anti-theft message in a hyperbolic way. To quickly illustrate: the opening three sentences of this article were 882 reminders short for the employee in this case. It seems she was a compulsive thief over her six-year tenure, to the tune of over $1.9 million. It’s hard to say if the defendant will ever see the money it’s . . . [more]