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Mondayas Mix

Each Monday we present brief excerpts of recent posts from five of Canadaas awardA-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 Defence Toolkit 2. Durant Barristers Blog 3. David Whelan 4.A Canadian Appeals Monitor 5. Avoid a Claim

The Defence Toolkit
The Defence Toolkit a May 14, 2022

This weekas top three summaries:A R v Barrett,A 2022 ONCA 355: #provocation,A R v Brown, 2022 SCC 18: #automatism, . . . [more]

The post Mondayas Mix appeared first on Slaw.


How Successful Law Firms Really Work

A book has come along that every lawyer who wishes to run a firm at its peak should not only have on his/her shelf but it should be well-thumbed, stained from coffee spills, its cover torn from constant use and sits on the corner of their desk within arm's reach for quick reference. I am speaking of "How Successful Law Firms Really Work" by David L. Ginsberg and Robert A. Feisee, published by the American Bar Association, Law Practice Division

The post How Successful Law Firms Really Work appeared first on Slaw.


The Milgaard Storyas Importance for the Presumption of Innocence

David Milgaard is reported to have passed away this weekend at the age of 69. He spent 23 years in prison for a rape and murder he did not commit.

Milgaard was convicted in 1970, and spent the ages of 16 to 39 in prison, following the discovery of a nurse’s body in the snowbank. His appeal to the Saskatchewan Court of Appeal was dismissed the following year, and the Supreme Court of Canada refused him leave to appeal. That same year, a pattern of sexual assaults committed by Larry Fisher came to light, which matched the offence in question. . . . [more]

The post The Milgaard Story’s Importance for the Presumption of Innocence appeared first on Slaw.


Summaries Sunday: SOQUIJ

Every week we present the summary of a decision handed down by a QuA(c)bec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the QuA(c)bec Department of Justice and collects, analyzes, enriches, and disseminates legal information in QuA(c)bec.

PANAL (DROIT)A : Atant d’avis qu’il incombe aux tribunaux d’utiliser les moyens fournis par le Parlement afin de s’attaquer au mal sociA(c)tal qu’est la conduite avec les facultA(c)s affaiblies, le tribunal impose une peine d’emprisonnement de 16A ans A un accusA(c) impliquA(c) dans une collision ayant causA(c) la mort de . . . [more]

The post Summaries Sunday: SOQUIJ appeared first on Slaw.


Friday Jobs Roundup

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 Jobs 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.


Use It or Lose It: Trademark Management

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

Businesses that have a registered mark, name or symbol have to properly manage it if they seek to maintain their brand image as a source of economic value and stability. The value of proper trademark management is the key takeaway in the recent Federal Court decision Milano Pizza Ltd. v 6034799 Canada Inc, 2022 FC 425. In that decision, poor trademark management came back to haunt the plaintiff’s pizzeria.

Background

The claim at the heart of the case was brought forward by the Ottawa-based Milano Pizzeria, which sought to protect . . . [more]

The post Use It or Lose It: Trademark Management appeared first on Slaw.


Book Review: Cross-Examination: The Pinpoint Method

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.

Cross-Examination: The Pinpoint Method. By Kyla Lee. Toronto: LexisNexis, 2021. 135 p. Includes table of contents and index. ISBN 9780433514329 (softcover) $150.00.

Reviewed byA Joanna Kozakiewicz
Reference Librarian
City of Toronto, Legal Services Division
InA CLLR 47:1

Cross-Examination: The Pinpoint Method, written by criminal defense lawyer Kyla Lee, is . . . [more]

The post Book Review: Cross-Examination: The Pinpoint Method appeared first on Slaw.


Indemnity Claims in Federal Court IP Disputes

As a statutory court, the Federal Court only has the jurisdiction provided to it under federal legislation, which includes shared and exclusive jurisdiction in the area of intellectual property. In 2020, the Federal Court of Appeal concluded that the court has jurisdiction to handle contractual issues touching on intellectual property. A recent reported decision has applied this to indemnity claims against third parties.

When determining liability for infringement of patent, trademark and copyright, the intention of the defendant is typically not relevant. A party that uses an infringing product may still be liable for patent infringement even if they merely . . . [more]

The post Indemnity Claims in Federal Court IP Disputes appeared first on Slaw.


And Now the Driverless Keyboard

We appear to have crossed another great divide in artificial intelligence. It is not just the constant shuffle of driverless cars in my Silicon Valley neighborhood on their endless driving lessons. Nor is it the machine learning gains in diagnostic accuracy that exceed those so expertly trained in radiology and dermatology. Those are visual advances in machine learning. This time itas language.

Steven Johnson, in a marvelously well-done article in the New York Times Magazine, sets out what machine learning is making of writing. It is the driverless car equivalent of the keyboard. Just feed in your destination and it . . . [more]

The post And Now the Driverless Keyboard appeared first on Slaw.


Wednesday: Whatas 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. Brahma v. HR Services, 2022 ONSC 2645

[44] The Plaintiffas breach of the deemed undertaking rule does not, in my view, automatically attract an award of elevated costs. It turns on the particular facts of each case. The Plaintiffas counsel was unaware that any information was provided to his counterparts in the Florida action. The evidence before me regarding the breach is . . . [more]

The post Wednesday: Whatas Hot on CanLII appeared first on Slaw.


Loose-Leaf Legal Publications: A Dialogue

[What follows is an imagined dialogue between a lawyer and a librarian, regarding a fictional loose-leaf publication]

Lawyer: Iad like to see what you have in the library on the crime of jabberwock-slaying, please.

Librarian (without consulting the catalog): Yes, the seminal treatise on the topic is Carroll on Jabberwocks, shelved under call numbera| you know what, Iall just grab it off the shelf for you.

Lawyer: Thanks, Iave never really understood what call numbers are, anyway.

[Librarian returns carrying four heavy, ugly binders]

Lawyer: So, which one should I use?

Librarian: Well, you just . . . [more]

The post Loose-Leaf Legal Publications: A Dialogue appeared first on Slaw.


Tips Tuesday

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on practice, research, writing and technology.

Research & Writing

Re: Re
Neil Guthrie

Someone recently made this comment on LinkedIn: Iam so excited re: the below. (The colon may or may not have been there.) Why not Iam so excited about this instead of the commenteras mish-mash of somewhat immature enthusiasm and the lawyer jargon of re and the below? … . . . [more]

The post Tips Tuesday appeared first on Slaw.


Are the Courts Slip-Sliding Away?

Attribution 2.0 Generic (CC BY 2.0)

a<< Slip sliding away, slip sliding away
You know the nearer your destination, the more you’re slip sliding away…A a<<

Lyrics, Music and Recorded by Paul Simon.

Something extraordinary is taking place in Ontario.

Family law lawyer Russell Alexander of Russell Alexander Collaborative Family Law Lawyers of Toronto and six other locations in Ontario, Canada has started an online petition on Change.org entitled: “Petition to Amend the Requirement For In Person Court Attendances.”

What are they petitioning for, you ask? Good question:

“We, the undersigned lawyers and paralegals who practise family law, hereby petition . . . [more]

The post Are the Courts Slip-Sliding Away? appeared first on Slaw.


Direct Democracy Ends Up in Court

A provincial election is currently scheduled in Ontario for June 2, 2022. The process for this date is set under the Election Act, where the the Lieutenant Governor in Council proclaims a date for an election on a Wednesday.

Although this date was was generally anticipated, there are often a number of legal issues that emerge prior, during and following an election. In this election, just days after the election date was proclaimed, an individual sought to reserve the name Direct Democracy Party of Canada with Elections Ontario.

The process for registration is governed by s. 10 of the . . . [more]

The post Direct Democracy Ends Up in Court appeared first on Slaw.


Summaries Sunday: SOQUIJ

Every week we present the summary of a decision handed down by a QuA(c)bec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the QuA(c)bec Department of Justice and collects, analyzes, enriches, and disseminates legal information in QuA(c)bec.

MUNICIPAL (DROIT)A : L’adoption du rA"glement 2326, lequel limite la distribution des imprimA(c)s publicitaires, dont le Publisac, sur le territoire de la Ville de Mirabel aux citoyens qui apposeront dorA(c)navant un autocollant vert sur leur porte d’entrA(c)e ou leur boA(r)te aux lettres afin de signifier leur intention de les recevoir, . . . [more]

The post Summaries Sunday: SOQUIJ appeared first on Slaw.


Friday Jobs Roundup

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 Jobs 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.


Making the Shift From People-Pleasing to Altruism

Are you a people pleaser?

Do you agree to things before you’ve had a chance even to think it over?

Do you find yourself overcommitted and taking care of so much business for others that you have no time left for yourself?

Altruism is the instinct to help others and is a significant value. When I ask lawyers what they like most about their work, the answer will often touch on how they help. Helping people out can be intrinsically rewarding. It feels good.

People-pleasing is the dark side of altruism. It is saying ‘yes’ and doing things out of . . . [more]

The post Making the Shift From People-Pleasing to Altruism appeared first on Slaw.


Bad Optics: Looking Beyond First Impressions in Discrimination Cases

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

When an employee who is off work due to a disability is terminated, there are typically red flags signaling a potential situation of discrimination. The Canadian Human Rights Tribunal’s decision in Fick v Loomis Express, 2022 CHRT 2 (CanLII) confirms that it is not always as it seems. Despite bad first appearances, the employer’s actions can be found legitimate, countering a claim of discrimination.

Background

Warren Fick worked as a delivery driver for Loomis Express in Slave Lake, Alberta. He did so without incident from 1997 until 2006, when he had . . . [more]

The post Bad Optics: Looking Beyond First Impressions in Discrimination Cases appeared first on Slaw.


The Litigator and Mental Health a a Must Read Article by Chief Justice Strathy of Ontario

In “The Litigator and Mental Health“, Chief Justice Strathy writes about mental health in our profession and what we can do to improve it. Unfortunately, practicing law can be damaging to one’s mental health. In fact, there is a strong correlation between traditional markers of success in the law and depression in lawyers.

One of the recommendations, Justice Strathy makes is eradicating the myth of the “fearless gladiator”. The fearless gladiator powers through long work hours with pride, never breaking emotionally, never taking time off, focuses exclusively on work, and has a stay-at-home spouse to take care of . . . [more]

The post The Litigator and Mental Health – a Must Read Article by Chief Justice Strathy of Ontario appeared first on Slaw.


Wednesday: Whatas 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. Render v. ThyssenKrupp Elevator (Canada) Limited, 2022 ONCA 310

[78] In my view, the appellant is entitled to receive his proved statutory benefits unless that entitlement is precluded by the wording of ss. 2(1)3 and 9(1)6. ESA entitlements are statutory and disentitlement cannot be achieved by agreement, unless to provide for a greater benefit to the employee: ESA, s. 5(1). . . . [more]

The post Wednesday: Whatas Hot on CanLII appeared first on Slaw.


Diversity and Private Sector Neutrals: A Call for Action

The point of making ADR more diverse a| is that this element of the legal system remains out of touch with the reality of society, the wider workforce, and the legal profession.

Ontario Bar Association Working Group on Neutral Diversity, aNeutral Diversity in Ontarioa, March 2022

We have two systems of justice in Canada – the public system of courts and tribunals – and the private system of ADR (mediation and arbitration). The focus of my previous columns has been mostly on the former. In this column I want to turn the focus to the private ADR system.

There are . . . [more]

The post Diversity and Private Sector Neutrals: A Call for Action appeared first on Slaw.


Tips Tuesday

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on practice, research, writing and technology.

Research & Writing

Esports
Neil Guthrie

This is now a thing, as they say. Iam not entirely sure what it all involves, but then Iam not that keen on the non-electronic version of sports. My interest in esports is orthographical, naturally. Why no hyphen (e-sports)? … . . . [more]

The post Tips Tuesday appeared first on Slaw.


You Say You Want an Evolution

I understand that, despite the incessant reports about the amount of investment money being directed at legal technology, it is difficult to sell it to lawyers and their firms. No doubt, there are as many reasons and opinions as there are lawyers, though Hugh Logue, author of Automating Legal Services: Justice through Technology, suggests that afresh strategies are desperately needed as outdated market assumptions, inflexible sales structures, and sledgehammer products prevent the legal solution market leaders from reaching the lucrative small law marketa; some might question just how lucrative that market is. Equally, it is . . . [more]

The post You Say You Want an Evolution appeared first on Slaw.


Importance of Right to Counsel

TheA Charter‘s right to counsel under s. 10(b) is an often misunderstood and confused right by many members of the public. This confusion likely emerges from unintentional analogies to the commonly cited American case Miranda v. Arizona, 86 S. Ct. 1602 (1966) in television and movies.

The Court did adopt elements that mirroredA MirandaA rights in the early Charter case of R. v. Brydges, 1990 CanLII 123 (SCC). The Court found that s. 10(b) meant that police have a duty to informed individuals who are detained or arrested of their right to retain and instruct counsel, and . . . [more]

The post Importance of Right to Counsel appeared first on Slaw.


Summaries Sunday: SOQUIJ

Every week we present the summary of a decision handed down by a QuA(c)bec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the QuA(c)bec Department of Justice and collects, analyzes, enriches, and disseminates legal information in QuA(c)bec.

PANAL (DROIT)A : La preuve permettait au juge de conclure que l’appelant avait tirA(c) profit des vulnA(c)rabilitA(c)s psychologiques de la plaignante et de sa dA(c)pendance A la cocaA-ne pour la recruter, qu’il avait exercA(c) une emprise sur la vie de celle-ci et qu’elle A(c)tait dans une situation d’exploitation, et ce, . . . [more]

The post Summaries Sunday: SOQUIJ appeared first on Slaw.


Friday Jobs Roundup

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 Jobs 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.


Alberta Court Subtracts CERB From Dismissal Notice

Written by Lewis Waring, Paralegal, Student-at-Law (third year), Editor, First Reference Inc.

In Oostlander v Cervus Equipment Corporation (aOostlandera), the Alberta Court of Queen’s Bench subtracted an employee’s payments under the Canada Emergency Response Benefit (CERB) program from their entitlement to reasonable notice following their wrongful dismissal. While the 36-year employee’s entitlement to damages after receiving one month of notice was not in question, the Albertan court’s decision to subtract the amount they had received under the CERB program represents a regional answer to an evolving question throughout the country. Whether this Western approach to CERB will emerge into a . . . [more]

The post Alberta Court Subtracts CERB From Dismissal Notice appeared first on Slaw.


Donat Dabble in Family Law: A Lesson in Negligence

Family law has always had a reputation for being soft law, the area that lady lawyers practice, and a pink ghetto. Family law is not easy. There are upwards of 70 pieces of family law related legislation across Canada, to say nothing of the rules of court and process related legislation and skills, financial complexities, and family violence concerns. When no-fault divorce was introduced in 1968[1], lawyers did not specialize in family law. According to Constance Backhouse amost male lawyers eschewed divorce as odious, describing it as more asocial worka than areal law,a and expressing reluctance to . . . [more]

The post Donat Dabble in Family Law: A Lesson in Negligence appeared first on Slaw.


Keyword Selected: casino

The best times to book flights, cruises, hotel rooms, rental cars and campsites

It's time to ditch outdated advice on when to book if you want to save on your vacation. These days, it's about being super flexible or resourceful.

Palms Las Vegas reopening after more than two years in the dark with new offerings

Palms, a Las Vegas resort casino near the Strip, will reopen to the public April 27 after being closed more than two years amid the COVID-19 pandemic.

Will hotels keep flexible booking post-COVID? Or will they start charging for breakfast?

Now that COVID-19 appears to be on its way out, hotels are making a few more adjustments in time for the busy summer season a for better or worse.

Extreme hotel makeovers, COVID edition

Many hotels completed upgrades while occupancy dropped during the COVID-19 pandemic. See some of the most striking makeovers.

How to find a hotel with COVID testing and quarantine facilities wherever you travel

Many Americans fly out for their vacations without giving much thought to testing or quarantine facilities at their destination. Don't be one of them.

The top 5 US hotels in 2022, according to US News & World Report

U.S. News & World Report evaluated more than 35,000 hotels and resorts for its 2022 best hotel rankings.

Using a travel agent will make your 2022 vacations much more enjoyable. Here's why.

You don't need a travel agent to research COVID regulations or cancel and reschedule your plans. But aren't there other things you'd rather be doing?

Yes, you can get a refund on a nonrefundable hotel room. Here's how to do it.

If you're stuck with a nonrefundable hotel room, don't worry. There are ways to get your money back.

Need to cancel an Airbnb or Vrbo at the last minute because of COVID? How to get a refund

Airbnb and Vrbo let their hosts determine their refund policies, so travelers should be aware that canceling a booking can be costly.

You're already paying resort fees: These hotels offer you a bang for your buck

Because your hotel resort fees aren't optional, be sure you're reaping your money's worth.

Club Med to open first new US location in over 20 years, a five-star ski resort in Utah

It will be a five-star resort with ski-in/ski-out access to surrounding slopes, and it'll be close to Salt Lake City.

Marriott agrees to include resort fees in upfront pricing after reaching settlement with Pennsylvania AG

Total stay prices will be shown on the first page of Marriott's booking website, and changes are set to be implementedA within the next nine months.

Adventurer, beware: Why are these abandoned resorts so thrilling?

Resorts in the Poconos have attracted everything from fetish parties to domestic terrorists and curious tourists. See how they fell into disrepair.

Yes, you can still redeem your travel vouchers. Here's how to do it.

You don't have to lose your travel credit. Here are a few expert tips that will help you keep your credits and travel in the future.

How to get freebies during your next hotel stay: A list of free amenities for guests, from bikes to beers

It turns out hotels offer a lot more than just free mini bottles of shampoo.

Spooky places you can rent for Halloween: Spend the night in Salem or the 'Scream' house

Answer the 'Scream' house phone for yourself or stay a few blocks from where the Salem Witch trial executions took place.

Want your hotel room cleaned every day? It's time to reset your expectations

The absence of daily housekeeping will beA a permanent change at some hotel properties, according to hospitality experts.

Think resort fees are too high? A lawsuit claims the fees made Marriott tens of millions.

Marriott made approximately $17 million from resort fees in 2019, according to a recently unsealed District of Columbia Attorney General's lawsuit.

This 3,000-room Las Vegas hotel was sold in a $5.65B deal, to be operated by MGM Resorts

The owner of the Cosmopolitan of Las Vegas is selling the 3,000-room hotel in a $5.65 billion deal with a partnership that plans to contract with MGM Resorts International.

Why travelers may have to settle for alternative vacations: 'It's slim pickings right now'

Travelers mayA face higher average daily room rates and more competition when booking in key markets this holiday season.

Eco-friendly hotels? Marriott announces plan to reach net-zero emissions by 2050

The hotel company says its eco-friendly changes, in demand by travelers, could include renewable energy usage, design changes and other upgrades.

Hilton, Hyatt and Marriott get flexible with rewards programs: Here are the updates in loyalty memberships

Various hotels chains are extending flexible benefits programs for rewards members, acknowledging that the pandemic's impact on travel is not over.

Luxurious hotel spas around the world

Nothing relaxes quite like a proper spa treatment, and theses luxury resorts are making a splash with stunning settings and intricate treatments.

TWA hotel opens at JFK Airport

The much-anticipated hotel is anchored around the landmark TWA Flight Center at JFK Airport in New York.

Photo tour: Iconic Sky Bar, glass bridge and more at Bangkok hotel

Lebua at State Tower in Bangkok has earned plenty of accolades for its attention-grabbing series of bars and restaurants on its highest level.

TripAdvisor: The best hotels in the US and around the world

TripAdvisor has named the winners of its Travelers' Choice awards for hotels worldwide. The US has the greatest number of hotel winners with 165.

The best times to book flights, cruises, hotel rooms, rental cars and campsites

It's time to ditch outdated advice on when to book if you want to save on your vacation. These days, it's about being super flexible or resourceful.

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