PANAL (DROIT) : La juge de premiA"re instance n’a pas errA(c) en condamnant l’accusA(c)e, une fraudeuse qui avait usurpA(c) l’identitA(c) d’une autre personne, A une peine de 18A mois d’emprisonnement; l’accusA(c)e ne convainc pas la Cour que les accrocs procA(c)duraux liA(c)s aux dA(c)clarations des victimes lui ont causA(c) un prA(c)judice . . . [more]
The post Summaries Sunday: SOQUIJ appeared first on Slaw.
Each Friday, we share the latest job listings from Slaw Jobs, which features employment opportunities from across the country. Find out more about these positions by following the links below, or learn how you can use Slaw JobsA to gain valuable exposure for your job ads, while supporting the great Canadian legal commentary at Slaw.ca.
Current postings on Slaw Jobs:
. . . [more]
The post Friday Jobs Roundup appeared first on Slaw.
Many law firms are successful by accident.
Anyone who knows anything about traditional law firm structures knows they are perilously fragile. It doesnat take much to bring them down.
Up until this latest debacleathe 2024 collapse of Minden GrossaCanadaas highest-profile law firm failures were Heenan Blaikie in 2014, Goodman and Carr in 2007, and Holden Day Wilson in 1996.
Canadian law firms are not alone in this plight. For exampleaand this is only a small samplingalawyer exits and merger failure brought down U.S.-based Stroock & Stroock & Lavan at the end . . . [more]
The post Law Firm Failures a the New Normal? appeared first on Slaw.
When a party fails to abide by an interlocutory court order, there can be several consequences. For instance in Ontario, Rule 60.12 of the Rules of Civil Procedure states that “…the court may, in addition to any other sanction provided by these rules, (a) stay the partyas proceeding; (b) dismiss the partyas proceeding or strike out the partyas defence; or (c) make such other order as is just.”
In the recent case, Buduchnist Credit Union Limited v. 2321197 Ontario Inc., 2024 ONCA 57 at para 53, the Ontario Court of Appeal reaffirms that the court’s discretion to respond . . . [more]
The post Dealing With a Breach of a Court Order appeared first on Slaw.
Everyone is the poet of their memories. … But like the best poems, they’re also never really finished because they gain new meaning as time reveals them in different lights.
Richard Hell
The resolution of disputes does not always depend on the memories of parties or witnesses, but when credibility is at issue the memories of actions can be a critical part of resolving disputes. The more we learn about how memories are formed, and more importantly, how they are retained, the more we should have real concerns about the ability of decision-makers to assess credibility of testimony of events . . . [more]
The post Delays in Access to Justice and Memories appeared first on Slaw.
It stated that if you wake up with the sun, you are still asleep. However if you awaken the sun, then you are truly awake.
I had to read it a few times to actually understand itas meaning, but then I realized that what this means, is that the way our day develops is completely up to us.
If we set an intention for the day to unfold in a calm and peaceful manner, knowing that we are fully capable of dealing with whatever challenges may arise, . . . [more]
The post Awakening the Sun appeared first on Slaw.
One way of forcing Google to return only the words you are searching for is to put quotation marks around the words or phrases you want. Another way is to use Googleas verbatim option.
To use the verbatim option, go to the Tools option on the Google search page. Click on All Results and then select Verbatim. . . . [more]
The post Tips Tuesday: Use the Verbatim Option in Google appeared first on Slaw.
This week the randomly selected blogs are 1.A Global Workplace Insider 2. Vancouver Immigration Law Blog 3. Le Blogue du CRL 4.A Canadian Appeals Monitor 5. The Treasureras Blog
Global Workplace Insider
La Cour suprAame du Canada tranche : les cadres ne pourront se syndiquer au QuA(c)bec
Le 19 avril dernier, la Cour suprAame du . . . [more]
The post Mondayas Mix appeared first on Slaw.
PANAL (DROIT) : L’appel de la dA(c)claration de dA(c)linquant dangereux prononcA(c)e A l’endroit de l’accusA(c) est rejetA(c), et ce, bien que le juge de premiA"re instance ait mal A(c)noncA(c) l’A(c)tat du droit et que la structure du jugement de dA(c)termination de la peine soit critiquable; la Cour n’y voit aucune . . . [more]
The post Summaries Sunday: SOQUIJ appeared first on Slaw.
Big Data. Edited by Benoit Leclerc & Jesse Cale. Abingdon: Routledge, 2020. 148 p. Includes illustrations, bibliographic references, and index. Criminology at the Edge series. ISBN 9781138492783 (hardcover) $136.00; ISBN 9781032336992 (softcover) $42.36; ISBN 9781351029704 (eBook) $42.36.
Reviewed by Matthew Renaud
Law Librarian,
E.K. Williams Law Library, University of Manitoba . . . [more]
The post Book Review: Big Data appeared first on Slaw.
The British Columbia legal professionas leading organizations (the Law Society, the Canadian Bar Associationas BC branch, and the Trial Lawyersa Association of BC) strongly oppose Bill 21, with the . . . [more]
The post Governance Reform and Lawyer Independence in Canadian Legal Regulation: Examining British Columbiaas Bill 21 appeared first on Slaw.
Through technology, counsel can now utilize a variety of demonstrative aids . . . [more]
The post Effective Use of Visual Aids in Mediation appeared first on Slaw.
We have both written previously on myths and stereotypes about intimate partner violence (IPV), one of the most common of which is that women make false or exaggerated claims of violence to gain an advantage in family law disputes (see here and here). In KMN v SZM, 2024 BCCA 70 (CanLII), the British Columbia Court of Appeal (BCCA) recognized the existence of this myth and the need for courts to avoid making assumptions that perpetuate it, holding that it is . . . [more]
The post BC Court of Appeal Recognizes the Myth of False Allegations of Intimate Partner Violence appeared first on Slaw.
This week the randomly selected blogs are 1.A Dooreyas Workplace Law Blog 2. Lash Condo Law 3. Canadian Appeals Monitor 4. Family LLB 5. Avoid a Claim
Dooreyas Workplace Law Blog
SCC: Exclusion of Managers from Labour Legislation Not a Charter Violation
The Supreme Court of Canada released a much anticipated but under the radar . . . [more]
The post Mondayas Mix appeared first on Slaw.
PANAL (DROIT) : La juge de premiA"re instance n’a pas errA(c) en dA(c)terminant que la caractA(c)ristique dominante de la poupA(c)e en silicone que possA(c)dait l’accusA(c) est une reprA(c)sentation des organes sexuels et de la rA(c)gion anale d’une enfant dans un but sexuel, ce qui constitue du matA(c)riel de pornographie juvA(c)nile . . . [more]
The post Summaries Sunday: SOQUIJ appeared first on Slaw.
Because McMurtry . . . [more]
The post Remembering Attorney General Roy McMurtry appeared first on Slaw.
Current postings on Slaw Jobs:
. . . [more]
The post Friday Jobs Roundup appeared first on Slaw.
INTRODUCTION
Webber Academy (or athe schoola), a private educational institution in Alberta, defined itself as non-denominational: it did not engage in any overt religious practice (with one possible and qualified exception). Yet, after two Alberta Human Rights Commission (AHRC) decisions, two Queenas Bench (as it then was) (QB) judgements, two Court of Appeal (CA) rulings and two denial of leaves to appeal by the Supreme Court of Canada (SCC), it was held to have discriminated without justification against two Muslim students whom it prohibited from engaging, on school property, in overt prayers. How did this happen? And what does it . . . [more]
The post The Lack of Protection for Non-Denominational Identity: The Webber Academy Case appeared first on Slaw.
Written by Daniel Standing, LL.B., Content Editor, First Reference Inc.
The Supreme Court of British Columbia rendered a decision (2024 BCSC 55 (CanLII)) on judicial review which looked at the employer’s choice to implement a COVID-19 vaccination policy, and whether, under the Labour Relations Code, it was obligated to enter into discussions with the union first. The case provides employers with insight into the difficulty of overturning a tribunal’s decision.
Background
The workplace was a provincially run rapid transit company. The Court considered a union’s petition for judicial review of a decision by the British Columbia Labour . . . [more]
The post Missing Discussions at Center of Union COVID Dispute appeared first on Slaw.
While weare all aware that there are substantive differences between Canadian law and the law of other jurisdictions, itas much easier to forget that the practice of law varies just as much from nation to nation. Thereas more than one way to do almost anything, and the Canadian legal system is founded on a very specific set of choices, norms, and traditions.
Upon arriving in Canada from her native Australia, and despite her . . . [more]
The post Thursday Thinkpiece: Internationally-Trained Lawyers Need More Than Just NCA Exams appeared first on Slaw.
The Facts
The Calgary City Police were investigating fraud in online liquor sales and came across a payment processor who processed the suspect transactions. . . . [more]
The post R. v. Bykovets: SCC Recognized Privacy Rights for IP Addresses appeared first on Slaw.
The post Sharenthood: Turning Childhood Into Lucrative Content appeared first on Slaw.
PANAL (DROIT) : Dans le cadre de l’affaire du meurtre de Guylaine Potvin, le tribunal dA(c)clare recevable le tA(c)moignage d’une biologiste judiciaire A titre de tA(c)moin expert concernant l’utilisation du nouvel outil d’enquAate dA(c)signA(c) comme le A<
IntitulA(c) :A R. c. Grenon, 2024 QCCS 551
Juridiction . . . [more]
The post Summaries Sunday: SOQUIJ appeared first on Slaw.
Written by Christina Catenacci, BA, LLB, LLM, PhD, Content Editor, First Reference Inc.
In January 2024, a British Columbia labour arbitrator had no hesitation concluding that an employee, who was the grievor accusing a female colleague of sexual harassment in this case, was actually the one who was sexually harassing the female colleague. Simply put, the arbitrator found that the grievor’s evidence was not credible, the female colleague’s account was credible and consistent with the evidence, and the female colleague did not do what the employee accused her of. As a result, the labour arbitrator agreed with the employer that . . . [more]
The post Blaming Victim of Sexual Harassment Not a Good Defence appeared first on Slaw.
The post Democratizing Justice, Whose Problem Is It? appeared first on Slaw.
The post What if Access to Justice Was Never Going to Lead to Poverty Alleviation? appeared first on Slaw.
Afsana Gibson-Chowdhury is the founder of Gibson Chowdhury, Clear Collaborative Mediation and a renowned advocate for equity, diversity and inclusion among legal, dispute resolution and . . . [more]
The post The Court of Owlsa| and Other Things That Mean Different Things to Different People appeared first on Slaw.
Last week, I was asked to provide a peer-review of an article submission to a law journal.
After reviewing it thoroughly, I began to suspect that at least some of the content may have been AI-generated.
What Gives?
First off, there were at least two citations that led to dead ends. By now we all know this is a dead give away.
Second, there was little to no language linking paragraphs together. So there might have been two or three paragraphs written on a distinctive topic, but no language to alert the reader that a new topic was about to . . . [more]
The post Anticipating AI-Generated Law Journal Submissions appeared first on Slaw.
This week the randomly selected blogs are 1.A PierreRoy & AssociA(c)s 2. IFLS at Osgoode 3. Employment & Human Rights Law in Canada 4. Barry Sookmant 5. Meurrens on Immigration
PierreRoy & AssociA(c)s
ResponsabilitA(c)s daadministrateurs daentreprise : ce que vous devez savoir
Si vous Aates laadministrateur daune entreprise aux prises avec des difficultA(c)s financiA"res, vous . . . [more]
The post Mondayas Mix appeared first on Slaw.
PANAL (DROIT) : Dans une affaire de violence conjugale et postconjugale, la juge de premiA"re instance a commis 2A erreurs de principe en omettant d’A(c)valuer correctement le risque que l’imposition d’une peine avec sursis A l’accusA(c) poserait pour la collectivitA(c); une peine d’emprisonnement de 6A mois est substituA(c)e aux 10A . . . [more]
The post Summaries Sunday: SOQUIJ appeared first on Slaw.
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