Posts filtered by tags: Ontario[x]


"Why is the sun red? Wildfire smoke from a continent away spreads to New York."

From the NYT:By late afternoon, the Air Quality Index for New York City had reached 170, well above average. The concentration of microscopic particulate pollution called PM2.5 was nine times above exposure recommendations from the World Health Organization. In a statement, the Department of Environmental Conservation noted that while it was not rare for traveling wildfire smoke to reach the New York region, the smoke usually stayed high in the atmosphere. But in this case, “data showed that th...
Tags: New York, Law, New York City, Fire, The Sun, World Health Organization, Madison, Ontario, Manitoba, Department of Environmental Conservation, Ann Althouse

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. Pourshian v. Walt Disney Company, 2021 ONSC 4840 (CanLII) [48] In my view, these are pleading issues that are not properly addressed on a jurisdiction motion. As held by the Court of Appeal in Rothmans, at para. 106, “the motion judge is not required to subject the pleadings to the scrut...
Tags: Law, Court, Walt Disney Company, Court of appeal, Johnson, Alberta, Ontario, Mohamed, Feeney, Canadian Natural Resources Limited, Idris, Unrau, Rothmans, Wednesday: What's Hot on CanLII, Ubah, Lymer

Cheesed Off Employee Loses Wrongful Dismissal Appeal

Written by Daniel Standing, LL.B., Editor, First Reference Dismissal for cause is frequently characterized as capital punishment in the employment realm. As a drastic solution, one would presume that an employer would only terminate a worker’s employment for good reason and with a firm sense of an employee’s wrongful conduct. A recent decision of the Manitoba Court of Appeal, McCallum v Saputo, 2021 MBCA 62 (CanLII), indicates that an employer’s position is not necessarily compromised if it fail...
Tags: UK, Law, Canada, Court of appeal, Employment law, Ontario, Manitoba, Winnipeg, Daniel, McCallum, Saputo, Substantive Law: Judicial Decisions, Case Comment, Substantive Law, Breach Of Contract, Suspected Wrongdoing

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. Libfeld v. Libfeld, 2021 ONSC 4670 (CanLII) [445] As noted above, s. 35(f) of the Partnerships Act allows for the dissolution of a partnership and s. 207 of the OBCA provides this Court with the jurisdiction to wind-up a company in various circumstances, including circumstances where it ...
Tags: Law, British Columbia, Ontario, Wednesday: What's Hot on CanLII, Yahey, OBCA, Libfeld, Adamson Barbecue Limited, Kimmel J, Ski Bromont

Bad Faith Abounds at Landlord Tenants Tribunal

Over 6 months after many landlords in Ontario claimed that some tenants were using the pandemic as an excuse to pay rent, it’s becoming increasingly clear that many landlords themselves are using these circumstances to violate the Residential Tenancies Act, 2006. The Landlord Tenant Board (LTB) has been described as “chaos,” as early as late 2020, and the circumstances since that time have not improved. The province’s Digital First Strategy was intended to save money and improve efficiencies, an...
Tags: Landlord, Law, Toronto, Ontario, Board, Legislature, Riddell, Hamilton Spectator, Justice Issues, Substantive Law: Judicial Decisions, Divisional Court, Huynh, LTB, Landlord Tenants Tribunal, Caryma Sa

A Very Special Clarification From Ontario’s Law Society Tribunal: Lawyers Can Advertise That They “Specialize” Without Being a “Specialist”

Rule 4.3-1 of Ontario’s Rules of Professional Conduct states “A lawyer shall not advertise that the lawyer is a specialist in a specific field unless the lawyer has been so certified by the Law Society.” Similar rules are in place in other jurisdictions, although the precise language varies.[1] The reason for the rule is straightforward. The LSO has a Certified Specialist program, intended to assist the public in determining which lawyers “have met established standards of experience and knowled...
Tags: Law, New Brunswick, British Columbia, Legal Ethics, Ontario, Rothman, LSO, Law Society of Ontario, Appeal Panel, LSO Tribunal, Law Society Tribunal Appeal Panel, Society of Ontario, ONLSTA, Rothman 2019 ONLSTH, Rothman 2021 ONLSTA

Calculations of the Pandemic Limitations in Ontario

When the COVID-19 pandemic first hit Ontario, the provincial government made a special order on March 20, 2020 under s. 7.1(2) of the Emergency Management and Civil Protection Act, creating a suspension of limitations under O. Reg. 73/20, Limitation periods 1. Any provision of any statute, regulation, rule, by-law or order of the Government of Ontario establishing any limitation period shall be suspended, and the suspension shall be retroactive to Monday, March 16, 2020.  Period o...
Tags: Law, Ontario, Federal Court, Joseph, Ontario Court of Appeal, R, Dawson, Boswell, McAuley, Substantive Law: Judicial Decisions, Human Rights Tribunal of Ontario, Government of Ontario, Local Planning Appeal Tribunal, Canada Post Corporation, Pentney, Salvati

Return to Work: Psychological Barriers to Reorganization

As the rate of COVID-19 vaccination increases in Ontario, many companies are asking their employees to return to the office in person. As a result, the “return to work” planning has sparked many discussions about improving the workplace. For example, “Six Steps to Make Your Legal Workplace Equitable” published in May 2021. Despite the proliferation of helpful articles on improving our workplaces, we still face barriers to adoption. In the book The Behaviorally Informed Organization, there is an ...
Tags: Law, Miscellaneous, Ontario, Kelly Peters, Risk Aversion, Knowledge Gap, Shannon O Malley, Returning To Work, Ambiguity Aversion, Group Think, Law Of The Instrument, Psychological Barriers To Reorganization, Skill Gap, Status Quo Bias

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. Susan On The Soapbox 2. Eloise Gratton 3. Lawyer Life Podcast 4. Attorney with a Life 5. Ontario Condo Law Blog Susan On The Soapbox Kenney and the Autocrat’s Handbook The Alberta ...
Tags: Law, Canada, New York Times, Alvin, Ontario, Mike, Darlene, Adam Grant, Jason Kenney, Monday’s Mix, SoapBox, Éloïse Gratton, Alberta Legislature, Ontario Condo Law, Soapbox Kenney, Eloise Gratton Mon TEDx

A Taxonomy of Judicial Technological Competence

Earlier this month, the Canadian Judicial Council published updated ethics guidance for federally appointed judges. The new Ethical Principles for Judges substantially revises a 1998 document of the same name. Among the revisions is a caution that judges must be technologically competent. The section addressing judicial diligence and competence includes the following statement: 3.C.5 Judges should develop and maintain proficiency with technology relevant to the nature and performance of their ju...
Tags: Facebook, New York, Law, Canada, United States, Wisconsin, Legal Ethics, LexisNexis, Ontario, Bob Ambrogi, CJC, Canadian Judicial Council, Law Commission of Ontario, American Bar Association House of Delegates, Jena McGill, National Centre for State Courts

Determining Judicial Ethical Conduct: Not So Straightforward? Part I

INTRODUCTION Time was the community or advocacy activity of lawyers with judicial aspirations centred around fundraising and other activities related to participation in our major political parties. Eventually, some of these lawyers found themselves rewarded with a judicial appointment. They cut their ties, as far as anyone knew, with their favoured party. It was not difficult to end their pre-judicial activity and remove themselves from community involvement. More recently, however, with the ne...
Tags: Facebook, Law, Toronto, Canada, Coalition, Tetley, Ethics Committee, Black, Ontario, Parliament Hill, Board, Trudeau, Roberts, Governance Committee, Queen s University, McLeod

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. Legal Writers Collective 2. Jumping off the Ivory Tower Podcast 3. Lawyered Podcast 4. The Trauma-Informed Lawyer 5. Family Health Law Blog Legal Writers Collective R v Campbell, 2...
Tags: Law, Canada, Ontario, Campbell, Andrew Campbell, Buller, Monday’s Mix, ODSP, COVID, Trauma Informed Lawyer, Family Health Law Blog Legal Writers Collective R, Michelle Alton June, Michelle Alton, Marion Buller

Representation Orders in Small Claims

In Ontario, Small Claims Court’s monetary jurisdiction increased from $25,000 to $35,000 on Jan. 1, 2020. This has allows far more claims to be heard in this venue, with its streamlined processes and less procedural delays. Even prior to the pandemic, the Small Claims Court handled more than half of all of Ontario’s civil disputes. Wrongful dismissal claims in particular have been effectively advanced in this venue, especially during the pandemic, and for those looking to avoid the cost conseque...
Tags: Law, Court of appeal, Small Claims Court, Ontario, Lawrence, Burley, Ontario Court of Appeal, RLA, Formosa, Riddell, Apple Canada Inc, International Brotherhood of Electrical Workers, Substantive Law: Judicial Decisions, Divisional Court, Ontario Small Claims Court, Hotel Restaurant

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. Working Families Ontario v. Ontario, 2021 ONSC 4076 (CanLII) [63] It is with the minimal impairment portion of the Oakes test that the rubber of Bill 254 hits the slippery road of justification, causing the EFA vehicle to skid off course. [64] The government’s own evidence demonstrates ...
Tags: Law, Court, Bill, Ross, Ontario, Donovan, Oakes, R, Coates, SCC, EFA, Daigneault, Wednesday: What's Hot on CanLII, SCR, Sherman Estate, Working Families Ontario

Rainbow Cupcakes at the Office for Pride: That’s So Sweet – and Sort of Strange?

This submission comes from WeirFoulds LLP Law Library Manager Nairne Holtz, who is a member of the firm’s EDI (equality, diversity, inclusion) committee. When Nairne was asked to write a piece in support of legal history and Pride month in Ontario, the end product turned out to be more of a personal account. In the spirit of Canadian legal storytelling, and in support of Pride, Slaw is happy to be able to share Nairne’s story. __ I met my wife at work, a Bay Street law firm, in 1996. You ...
Tags: Supreme Court, Law, Miscellaneous, Toronto, Canada, Vancouver, Montreal, University of Toronto, EDI, Ontario, Billy, Bay Street, Gay Village, Practice Of Law, WeirFoulds LLP, Bruce McArthur

Notwithstanding in Ontario, Yet Again

Nearly three years ago, I wrote here that the use of s. 33 in Ontario constituted “UnChartered waters.” Given the successful appeal in that case, the use of the clause ultimately wasn’t necessary. However, I was fortunate to appear as an intervener before the Court to note that the potential use of the notwithstanding clause would presumably appear in circumstances that were pressing and substantial, and asked the Court to carefully scrutinize any such rationale as a result. That decision is sti...
Tags: Law, Court, Vienna, Canada, United States, United Kingdom, House, States, Bill, Parliament, Quebec, Alberta, Ontario, Legislature, Ontario Superior Court of Justice, Charlottetown

Standards, Rules, and Law’s Quest for Certainty

Law should be drafted in a way that prevents litigation. Statutes, regulations, and precedents should ideally let people predict the decisions that legal authorities would make, if presented with certain facts. If the “shadow of the law” is sharp and clear, then people can avoid and resolve disputes instead of spending time and money litigating over them. Often, however, it is difficult to create law that both keeps people out of court, and ensures that the resolutions they reach out of court ar...
Tags: Law, Tribunal, Legal Ethics, Ontario, Columbia Civil Resolution Tribunal BCCRT, John Braithwaite

Costs in International Arbitration: What’s “Reasonable?”

In a previous column, I looked at some principles behind awards of legal costs and expenses in Canadian domestic arbitration. In international arbitration the general rule is that the unsuccessful party pays the successful party’s costs. The question, usually, is how much? The high cost of international commercial arbitration is the main source of complaint by users of the system, according to a series of surveys by Queen Mary University of London between 2013 and 2018. Costs have continued to i...
Tags: Law, Canada, British Columbia, Tribunal, Columbia, Ontario, Mohamed, Queen Mary University of London, Cairo University, Respondent, UNCITRAL, Dispute Resolution, Abdel Wahab, Kluwer Law International, Jean Engelmayer Kalicki, Mohamed Abdel Raouf

Crown Immunity Means Tough Luck for the Police: A Good Call?

In Ontario (Attorney General) v. Clark (“Clark“), the majority (8 judges) of the Supreme Court of Canada held that Crown immunity precludes claims based on misfeasance in public office. Justice Côté dissented. Here I consider the policy underpinnings and ramifications of the two opinions. Clark addressed only the question of whether the claim at issue, brought by police officers against the Crown attorneys in two cases in which the officers were involved, constituted a recognized cause of action...
Tags: Supreme Court, Law, Court, Toronto, Canada, United States, Court of appeal, PSU, British Columbia, Ontario, Moss, Henry, Watts, Clark, Blair, Abella

LinkedIn Is Not Facebook

You’ll see it every few weeks on LinkedIn. Somebody somewhere is complaining that LinkedIn is not Facebook. They’re usually complaining about it on LinkedIn, and the comments on these posts bear an earie resemblance to social media platforms that are not LinkedIn. Joshua Titsworth says that despite being founded in 2002, the site has gone through significant changes since that time, The truth about LinkedIn is that despite its intended use, it has always been a form of social media… Given th...
Tags: Facebook, Microsoft, Law, Toronto, Linkedin, New York Times, Ontario, Roth, Law Society, LSO, Leach, Hamza, Substantive Law: Judicial Decisions, Law Society of Ontario, Heeney, Rocheleau

Experienced Plaintiff Wins Wrongful Dismissal Suit to Some Extent

Written by Daniel Standing LL.B., Editor, First Reference Inc. Employees who are unjustly dismissed cannot simply sit back, relax and wait for their payday in court. They have a duty to mitigate their losses by taking reasonable steps to find work elsewhere. In Wilson v Pomerleau Inc., 2021 BCSC 388 (CanLII), the plaintiff learned this the hard way, seeing his damages reduced on account of his lax approach to mitigating his losses. Background Richard Wilson was an experienced estimator in Bri...
Tags: Law, Employment law, Globe, British Columbia, Columbia, Ontario, Wilson, Daniel, Richard Wilson, Substantive Law: Judicial Decisions, Case Comment, Bardal, Substantive Law, Pomerleau, Wrongful dismissal, British Columbia Employment Standards Act

How Far Can We Go Before the Constitutional Bargain Is Undermined?

The Quebec Government’s An Act respecting French, the official and common language of Québec (Bill 96), has generated considerable controversy over whether a province is able to make significant constitutional changes to its status and the use of the French and English languages unilaterally. It also raises the question of whether, if enacted and the constitution is amended, it will undermine the very architecture of the 1867 constitutional “deal” that united the original four members of confede...
Tags: Google, Supreme Court, Law, Senate, Court, Canada, New Brunswick, House, House Of Commons, Cambridge, Newfoundland, Nova Scotia, Victoria, Bill, Parliament, Oklahoma

How Open Is an Open Court Online?

In 2015, Shauna Hall-Coates wrote in the Dalhousie Journal of Legal Studies, Walk into any courtroom today, critics venture, and it will look stunningly similar to those of the past; the judge will be sitting behind the bench, the jury in its box, and the witness on the stand.1 As everyone settles into his or her place selected by centuries of ritual and status quo, the courtroom may even appear as a sanctuary from the trappings of digital technology, so doggedly pursued outside its walls. This ...
Tags: Law, Virginia, Court, Canada, New Brunswick, Bill, Parliament, Department Of Justice, Quebec, Alberta, Sierra Club, Hills, Ontario, Wilson, National Assembly, Mills

The Employer Post-Dismissal Release Repudiated Contract

Written by Lewis Waring, Paralegal, Student-at-Law, Editor, First Reference Inc. In Peretta v Rand v Technology Corporation (“Perretta”), an employer repudiated an employment contract by insisting that a new term be added after the contract had already come into effect. The reason that the employer’s insistence on adding a new term resulted in the repudiation of the contract was that the new term was so important that the employer’s attempt to force the employee to agree to it showed an intenti...
Tags: Law, Employment law, Small Claims Court, Rand, Ontario, Perretta, Substantive Law: Judicial Decisions, Substantive Law: Legislation, Case Comment, Substantive Law, Employment Contract, Common law reasonable notice, Termination Notice, Ontario Employment Standards Act 2000, Lewis Waring, Full and final release

Forum Non Conveniens Online

Like it or hate it, virtual hearings are with us in some part indefinitely. With virtual witnesses, and all of the parties attending remotely, there’s certainly some savings in travel expenses. But what about complex trials, and where trial fairness may be significantly impaired through an online format alone? Can a forum non conveniens argument be raised in this context? A party who is outside of Ontario can move under R 17.02 Rules of Civil Procedure staying the proceeding, including if the co...
Tags: Law, Canada, Amsterdam, Ontario, Morgan, Van, Brown, Lloyd, Supreme Court of Canada, Cote, Uber Technologies Inc, Ontario Court of Appeal, Wellman, SCC, Heller, American Arbitration Association

Benchmarking the Ontario Court System

Systems and entities can be evaluated by measuring inputs against outputs, and then benchmarked against peers to rank relative performance. This simplistic measurement tool may not indicate optimal performance (as a whole sector could be functioning poorly) but it can be helpful generally to identify the best and worst performing entities within a given peer group. It can likewise prove useful to identify areas in need of improvement, and when tracked over time, can identify trends in performanc...
Tags: Florida, New York, Law, Wikipedia, US, Toronto, Tesla, Fiat, Judiciary, Jordan, New York State, Ottawa, Ontario, Louis, Magna Carta, LSO

Solving the Associate Retention Challenge With Developmental Networks

As a coach, I am intensely interested in how we – professionals in the legal sector – can help retain young lawyers in the profession. The young lawyers I speak with have a healthy perspective. They have the types of strengths and interests that align well with a career in law. They are interested in building meaningful and rewarding careers that also leave room for a life outside of law. I believe they are vital to helping transform the practice of law for the better. And we need to retain them...
Tags: Google, Law, AMP, Ontario, Mentor, Host, Higgins, Hsu, Jordan Furlong, Practice Of Law, Kram, Jean Wallace, Law Fiona Kay, Key University of California Davis, Greta Hsu, CBA Young Lawyers Section CBA

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.The Trauma-Informed Lawyer 2. Little Legal Summaries 3. Wise Law Blog 4. The Every Lawyer 5. SOQUIJ | Le Blogue The Trauma-Informed Lawyer The Trauma-Informed Lawyer hosted by Myrna...
Tags: Law, Canada, United Nations, Ontario, Supreme Court of Canada, Bashir, the Globe, Myrna, Monday’s Mix, Canadian Bar Association, SOQUIJ, Thibault, Vaillant, Court Of Appeal For Ontario, UNDRIP, Myrna McCallum

The Impact of COVID-19 on Legal Services in Ontario

Can you spare 10 minutes to help researchers understand the impact of the COVID-19 pandemic on access to legal services and its effects on the legal profession in Ontario? A team at the Lincoln Alexander School of Law at Ryerson University is studying how the pandemic has affected legal clinics, law associations, law firms (lawyers, practitioners, paralegals, etc.), and other legal entities. The purpose of the study is to assess the impact of the COVID-19 pandemic on access to legal services and...
Tags: Law, Announcements, Ontario, Ryerson University, Practice Of Law, Lincoln Alexander School of Law, Avner Levin, Asher Alkoby

Regulating Artificial Intelligence and Automated Decision-Making

The Law Commission of Ontario has been reviewing the principles and impact of artificial intelligence (AI) in the Canadian justice system for some years. Its three points of focus have been on the use of AI in criminal justice, in civil justice and in government. A in late 2020 on criminal justice aspects. It was described in here. The second report is on government uses, under the title . As with the criminal paper, there is a helpful as well. Regulating AI presents a lot of challe...
Tags: Law, Eu, Canada, Commission, European Commission, Legal Technology, Ontario, Adm, Law Commission, LSO, Law Commission of Ontario, LCO, Teresa Scassa, Expert Group on Artificial Intelligence, Ontario Public Service

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