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Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Condo Adviser 2. Family LLB 3. Vancouver Immigration Law Blog 4. BC Injury Law Blog 5. First Reference Condo Adviser Must Condos Making Renovations Implement Accessibility Measures? Stayin...
Tags: Monday’s Mix

The Pillars Of Gun Confiscations

From someone who has studied it. “Registration is a pillar of gun control and has been in 150 countries for a century and a half,” he said. “The first pillar is licensing … then you register the object … and then you make it clear that ownership of a firearm is a conditional privilege, which can be taken away.” He said all three pillars were absent in the US, in NZ two pillars existed – strong licensing and a definite rejection of the right to bear arms. “The middle pillar, the third leg on the ...
Tags: Gun Control

LEED Credit is Designed to Eliminate Illegal Wood in Buildings

The U.S. Green Building Council is being applauded for the release last week of the new pilot credit intended “to reduce the risk that illegally sourced, harvested or traded wood products are used in building.” The LEED BD+C: New Construction v4 MRpc127 – Timber Traceability pilot credit “is designed to up efforts to eliminate the use of illegal wood in buildings.” There may be no single subject matter more discussed with over the more than 20 year history of LEED than forest product certificati...
Tags: Green Building, LEED, Illegal Wood, Lacey Act, LEED pilot credit, MRpc127, SFI, Timber Traceability

Summaries Sunday: SOQUIJ

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. TRAVAIL : Le salarié ne peut poursuivre son syndicat en dommages-intérêts pour manquement au devoir de représentation devant le tribunal de droit commun; rien ne permet de s’écarter du principe s...
Tags: Summaries Sunday

Summaries Sunday: OnPoint Legal Research

One Sunday each month OnPoint Legal Research provides Slaw with an extended summary of, and counsel’s commentary on, an important case from the British Columbia, Alberta, or Ontario court of appeal. Envirocon Environmental Services, ULC v. Suen, 2019 BCCA 46 AREAS OF LAW: Human rights law; Adverse effect discrimination; Judicial review; Standard of review ~It is not adverse effect discrimination for an employer to require an employee to be away from his family for work, where the employee has ...
Tags: Summaries Sunday

Crime and punishment roundup

Bloodstain analysis convinced a jury Julie Rea killed her 10-year-old son. It took four years for her to be acquitted on retrial, and another four to be exonerated. Has anything been learned? [Pamela Colloff, ProPublica] Forensics’ alternative-facts problem [Radley Balko] The chemists and the coverup: inside the Massachusetts drug lab scandal [Shawn Musgrave, Reason, earlier here, here, here, etc.] “I would say, you know, as a parting gift, if you’d like to throw in some iPhones every year, w...
Tags: Uncategorized, Canada, Crime And Punishment, Florida, Forensics, Louisiana, Prisoners, Prosecution, Sanctions

Federal Budget 2019 Employment and Payroll Related Measures

On March 19, 2019, the federal government tabled its election budget, the 2019-20 budget. The budget expects a deficit of $14.9 billion for fiscal 2018-2019 and forecasts deficits of $19.8 billion for 2019-2020 and $19.7 billion for fiscal 2020-2021. The budget does not include any personal or corporate tax rate changes; however, the budget does include measures of interest to employers and payroll (some paraphrase included): 1. Employment Insurance premium reduction Budget 2019 will reduce th...
Tags: Law, Miscellaneous, Canada, ITA, Federal Budget, CPP, CRA, Practice Of Law, Substantive Law: Legislation, Practice of Law: Practice Management, Substantive Law, Election Budget, New Canada, VLPA, Canada Workers Benefit, Canada pension plan benefits

Thursday Thinkpiece: Canadian Legal Professionals’ Information Activities–What Do They Do, and How Do They Tweet?

Periodically on Thursdays, we present a significant excerpt, usually 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. Canadian Legal Professionals’ Information Activities: What Do They Do, and How Do They Tweet? In Canadian Law Library Review 43:4 Hannah Steeves, Instruction & Reference Librarian at Sir James Dunn Law Lib...
Tags: Facebook, Twitter, Law, US, Canada, United States, Newfoundland, Quebec, Columbia, LexisNexis, Ontario, Nunavut, John Smith, Twitter Twitter, Leckie, International Bar Association IBA

The Road to Automated & Connected Cars Is Not a Straight One

It seems that everyone is doing studies or adopting positions on automated/connected cars these days. That is understandable given the potential ramifications on subjects including safety, ability to function in adverse weather, infrastructure, traffic, public transit, cybersecurity, data volumes, privacy, liability, insurance, ethics, and jobs. Level 5 (fully autonomous) self driving cars may not arrive for many years. Depending on who you ask, they are somewhere between a couple of years and a...
Tags: Technology, Law, Senate, Miscellaneous, Canada, Transport Canada, Safety Framework for Automated, Canadian Transport Ministers

CUSMA/USMCA: The Poison Pills Revisited – a Scorecard

On November 30th, 2018, 16 months after the start of negotiations, the leaders of Canada, Mexico and the United States signed the Canada United States-Mexico-Agreement (“CUSMA”) or the United States-Mexico-Canada Agreement (“USMCA”)[1]. Signed on the margins of the G-20 Summit in Buenos Aires, the agreement is made up of 34 chapters and a dozen side letters. Ironically, it does not include the word “trade” in its title. CUSMA/USMCA = NAFTA-Minus In our previous article we addressed the contin...
Tags: New York, Law, Congress, Mexico, Canada, United States, House Of Representatives, Wisconsin, WTO, Buenos Aires, Administrative Law, Nafta, United States Mexico, FTA, Canada Mexico, Ceta

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Lash Condo Law 2. Employment & Human Rights Law in Canada 3. SOQUIJ | Le Blogue 4. IP Osgoode 5. Timely Disclosure Lash Condo Law Condo Corporation Not Responsible for Parking Garage Vanda...
Tags: Law, Canada, Hillary Clinton, Cela, Monday’s Mix, SOQUIJ, Le Tribunal, Mtcc, Le Blogue, Timely Disclosure Lash Condo Law Condo Corporation, Friedich

No Tort of Harassment for You!

The common law in Ontario has proven relatively adept at developing new torts, in particular in the area of privacy law, to change and adapt to relatively stagnant or unsatisfactory statutory developments. Although the tort of intimidation has long been recognized as giving rise to a cause of action, as affirmed in cases such as Tran v. University of Western Ontario, the status of the tort of harassment has been much more divided. The Supreme Court of Canada affirmed in the 1981 decision of Sene...
Tags: Law, Canada, Court of appeal, Parliament, Conservative Party, Ontario, Aurora, RCMP, Supreme Court of Canada, Newmarket, Royal Canadian Mounted Police RCMP, Ontario Court of Appeal, Merrifield, Tran, University of Western Ontario, Superior Court of Justice

Summaries Sunday: SOQUIJ

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. TRANSPORT ET AFFRÈTEMENT : Air Canada a commis une faute contractuelle en exigeant que les personnes handicapées ou obèses qui devaient voyager avec un accompagnateur ou qui nécessitaient un deux...
Tags: Law, Air Canada, Canada, Quebec, Westjet, Hislop, Chabot, Summaries Sunday, SOQUIJ, Québec Department of Justice, Juge Catherine La Rosa Date, Norman Succession de c Air Canada Office, Air Canada Constater, R C S, Air Canada Même

What Should LSBC’s Futures Task Force and LSO’s Technology Task Force Do?

The Law Society of British Columbia’s E-Brief for January 2019 states that LSBC has established a Futures Task Force: “… to look at the future of the legal profession and legal regulation in British Columbia. The task force is expected to identify anticipated changes that may improve or disrupt the future market for legal services, consider and evaluate the factors and forces driving those changes, as well as make recommendations to the Benchers regarding the implications and how the Law Society...
Tags: Facebook, Justice, Law, California, Toronto, Canada, British Columbia, University of Toronto, Cabinet, Liz, Ontario, Mark Zukerberg, Grant Thornton, Law Society, LSO, R

Acko, a digital insurance provider in India, raises another $65M at a $300M valuation

Acko — a startup out of India that has taken on the country’s antiquated insurance industry with a digital-first product for drivers and others in transportation-related scenarios (for example, cancelled ticket insurance) — has raised more funding as it passes 20 million customers on its books. The company has closed a Series C of $65 million from a list of investors that includes not just the co-founder and former CEO of Flipkart, but also its arch-rival, Amazon — speaking to the opportunity in...
Tags: Amazon, TC, Transportation, Ecommerce, Asia, India, Insurance, Tech, Canada, Flipkart, Binny Bansal, Amazon Amazon, Varun, Bansal, Acko, Dua

Bill C-75 Goes to the Senate, Still Threatens Student Legal Clinics

Bill C-75, the Criminal Code amendment statute, passed the House of Commons in late 2018, and has received first reading in the Senate. The bill could wipe out the criminal law practices in student legal clinics in most provinces across Canada. For decades now, student legal clinics across Canada have been representing low income persons for summary conviction criminal offences. These clients are not eligible for legal aid, and would be unrepresented except for the work done by law students to a...
Tags: Justice, Law, Senate, Canada, House Of Commons, Bill, Legal Education, Senate Legal and Constitutional Affairs Committee, Sen Serge Joyal

Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about. For this last week: 1. Bowman v. Martineau, 2019 ONSC 1468 [213] I reject the diminution in value approach for the following reasons. This approach fails to take into account the purpose of damages in a tort claim – to ensure that “the damages awarded to a plaintiff should put him or her in the same position a...
Tags: Law, Canada, Jordan, RCMP, Bowman, Cantwell, R, Martineau, Wednesday: What's Hot on CanLII

"The MLB Coach Who Played Only T-Ball — Jonathan Erlichman hasn't played baseball since the age of 5."

From the Wall Street Journal.Tampa Bay Rays outfielder Tommy Pham wanted help with his defensive positioning one day earlier in spring training, so he sought guidance from... a 28-year-old with a math degree from Princeton whose entire playing career consists of T-ball in Canada at the age of 5....Some teams even have a numbers guru travel with the team as a member of the front office. But those people wear polo shirts and khaki pants and watch games from a box high above the field. [Jonathan] E...
Tags: Math, Law, Canada, Mlb, Baseball, Princeton, Pham, Tommy Pham, Ann Althouse, Jonathan Erlichman, Wall Street Journal Tampa Bay Rays, Jonathan -RSB- Erlichman

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. BC Injury Law Blog 2. PierreRoy & Associés 3. Eva Chan 4. Susan On The Soapbox 5. Lash Condo Law BC Injury Law Blog $170,000 Non-Pecuniary Assessment for Hip Injury, PTSD, TOS and Chronic ...
Tags: Law, Canada, Justin Trudeau, Ontario, Susan, Cunningham, Jody Wilson Raybould, Jason Kenney, Monday’s Mix, Verhoeven, Firman, BC Supreme Court Vancouver Registry, PierreRoy Associés, Eva Chan, Asadi, Imaginez

BDS and Terrorism Sympathies as Fair Comment

When the Ontario’s Libel and Slander Act was amended in 2015 under the Protection of Public Participation Act, the explicit purpose of implementing the 2010 recommendations by the Anti-SLAPP Advisory Panel. Since that time, the interpretation of these provisions continue to evolve. This past week, the Ontario Court of Appeal released its decision in Lascaris v. B’nai Brith Canada, overturning the decision of the Superior Court of Justice that had granted the anti-SLAPP motion under s. 137.1(3) o...
Tags: Law, Israel, Canada, Middle East, Palestine, Court of appeal, Smith, Grant, Ontario, Bds, Levant, Superior Court, Ontario Court of Appeal, Ontario Superior Court of Justice, St Germain, Awan

Patently-O Bits and Bytes by Juvan Bonni

Recent Headlines in the IP World: Corey M. Horowitz: Network-1 Receives New Patent from U.S. Patent Office (Source: Barbara Shecter: Huawei to Boost Research and Development Spending in Canada, Even if Government Blocks its 5G Tech (Source: Financial Post) Sebastian Blanco: NIO Aiming to Innovate with Battery Cooling, Patent Applications Suggest (Source: Green Car Reports) Adi Robertson: Facebook Filed a Patent Application for a ‘Civil’ Political Debate Forum (Source: The Ve...
Tags: Facebook, Law, Canada, Huawei, Forbes, Daniel, Bakersfield, Financial Post, Adi Robertson, Daniel Nazer, Sebastian Blanco, Bits and Bytes, Juvan Bonni, USPTO Commentary and Journal Articles, Corey M Horowitz, Barbara Shecter

Summaries Sunday: SOQUIJ

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. ACTION COLLECTIVE (RECOURS COLLECTIF) : Sauf en ce qui a trait au calcul des intérêts et de l’indemnité additionnelle, la Cour d’appel confirme le jugement de première instance dans l’action coll...
Tags: Law, Canada, MTI, Colucci, Cela, Letourneau, Blais, Brian Riordan, Summaries Sunday, SOQUIJ, Québec Department of Justice, R J Reynolds Tobacco Company, Cour, Rothmans Benson Hedges Inc, Imperial Tobacco Canada, Imperial Tobacco Canada Ltd

“Family Justice in Canada Is at a Breaking Point” Redux*

The fees charged by many family law lawyers are out of reach for even middle-income Canadians and, in some underserved areas of the country, there aren’t enough family law lawyers to meet the needs of even those who can afford their services. As a result, an enormous number of people are entering the court system without the benefit of counsel, some by choice but most by necessity. However, the court system is difficult to navigate, even for those with an advanced education. Further layers of co...
Tags: Law, Canada, Nova Scotia, Bill, British Columbia, Alberta, CBA, Columbia, Ontario, Peters, McCarthy Tetrault, Justice Issues, Canadian Research Institute for Law, National Self, Julie Macfarlane, Law Society of British Columbia

'Beggars in our own land': Canada's First Nation housing crisis

In January, an isolated reserve declared a state of emergency over dangerously poor housing conditions. A resident has now died – what will it take for meaningful change?A caravan of trucks carrying material for new homes is currently winding through northern Ontario, on its way to a remote Indigenous community. The trip along a seasonal winter road is a slow one, passing over frozen lakes and muskeg, and involves cutting down trees along the way for the vehicles and their trailers. Members of t...
Tags: Housing, Americas, Communities, Society, Cities, Canada, Indigenous Peoples, Ontario, Nashie Oombash

Misconduct in Canada Gets Attorney Disbarred In Michigan

A Michigan Tri-County Hearing Panel ordered an attorney's disbarment Based on respondent's default, and the evidence presented at the hearing. the hearing panel found that respondent committed professional misconduct when he committed numerous violations of Ontario's Law Society Act and... [Author: Legal Profession Prof]
Tags: Law, Canada, Michigan, Ontario, Legal Profession Prof, Bar Discipline & Process, Michigan Tri County Hearing Panel

Employer and Employee Disagree About Right to Disconnect

In France, the right to disconnect was made law on January 1, 2017, “requiring employers to have clear policies in place regarding when employees engage in workplace communication outside of the office and when on vacation.” This law is because of a French Supreme Court Case in 2001 that “held that “the employee is under no obligation either to accept working at home or to bring there his files and working tools”. In 2004, this principle was confirmed again by the French Supreme Court which adde...
Tags: Technology, Law, France, Canada, Work-life balance, Bill, Employment law, Quebec, Overtime, National Assembly, Robert Half Technology, Practice Of Law, Technology: Internet, Substantive Law: Legislation, Technology: Office Technology, Practice of Law: Practice Management

Women in law: a legal timeline

In celebration of International Women’s Day, explore our interactive timeline detailing women’s legal landmarks throughout history. Covering from 1835, when married women’s property laws began to be reformed in America, through to future considerations on how the English judiciary system can continue to improve diversity, delve into the key milestones of women’s legal history. In addition, discover the global female pioneers of the legal profession, such as Arabella Mansfield, who was the first ...
Tags: Books, Featured, Law, America, Canada, Feminism, Multimedia, International Women's Day, Timeline, Oxford University Press, Women's History Month, Timelines, Arabella Mansfield, Women in History, Oxford Public International Law, Clara Brett Martin

Morning Docket: 03.07.19

* Paul Manafort sweating today as he only has a few more hours to commit more crimes. [NY Times] * Wilbur Ross broke the law and violated the Constitution over census question. [Washington Post] * As a change of pace from the daily updates on the criminal activity of those in Trump's orbit, Canada's government is embroiled in a corruption scandal too. But it's a polite scandal. [CBC] * Driverless vehicles are going to revolutionize everything -- including the law. [Legaltech News] * A wide-r...
Tags: Crime, Supreme Court, Law, Washington Post, Fox, Canada, Fox News, Justin Trudeau, Cbc, Trump, Ny Times, Jimmy, FSU, Morning Docket, Wilbur Ross, Dan Markel

March 6 roundup

A longtime progressive objects to the diversity pledge (applying to personal and professional lives alike) soon to be expected of Ontario lawyers and paralegals as a condition of their licenses [Murray Klippenstein with Bruce Pardy, Quillette] More on Cato’s First Amendment challenge to SEC gag-order settlements [Cato Daily Podcast with Clark Neily, Robert McNamara, and Caleb Brown] “Federal judge sanctions lead lawyer in Roundup trial for opening statement ‘misconduct'” [Debra Cassens Weiss...
Tags: Law, Uncategorized, Copyright, Canada, SEC, Securities And Exchange Commission, Ontario, Cato, Ninth Circuit, Sotomayor, CALEB BROWN, Eugene Volokh, Stephen Reinhardt, Paul Levy, Matthew Feeney, Cassens Weiss ABA Journal

The SNC-Lavalin Controversy in IV? Acts: A Play About the Rule of Law

Former attorney general Jody Wilson-Raybould’s resistance to the pressure by various actors to instruct the director of public prosecutions to offer to negotiate a remediation agreement (the Canadian name for a deferred prosecution agreement) with SNC-Lavalin and her testimony before the House Judiciary Committee have been explained in different ways: respect for the rule of law and the role of the attorney general, a lack of pragmatism or political experience, too much sense of self, a desire f...
Tags: London, Law, Miscellaneous, Canada, Globe, Quebec, Ottawa, Trudeau, Dpp, DPA, Supreme Court of Canada, Seamus O Regan, Regan, AG, House Judiciary Committee, Treasury Board

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