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Canada’s Law Societies Need a National Civil Service

This post summarizes a full-text article with the same title on the SSRN, and refers to Fasken InHouse.

The Law Society of Ontario (LSO) is to have a bencher[1] election on April 30, 2019. We should vote only for those candidates that present solutions to the access to justice-unaffordable legal services problem (the “A2J problem”). Governments are now reacting without law societies.

Benchers have to be something more than the present part-time amateurs who bring to the job only the expertise of a lawyer to deal with major problems that are not legal problems, e.g., the . . . [more]

Posted in: Practice of Law

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. McGoey (Re), 2019 ONSC 80

[25] Mr. Phinney has definitively identified the typeface used in the Ledge Lodge document, dated January 4, 1995, as set in a font called Cambria. As of January 4, 1995, however, the Cambria typeface had not yet been created. It was designed for Microsoft beginning in 2002 and did not reach the general public until January . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Doctors’ Refusal to Refer Patients for Treatment They Refuse to Provide on Religious Grounds

The importance of religion in Canada is reflected in the Canadian Charter of Rights and Freedoms, both in section 2(a)’s guarantee of “freedom of conscience and religion” and in the inclusion of “religion” as a protected ground under section 15’s equality provision. As all guarantees, these are subject to section 1’s justification for limiting rights, which are “subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society”. And as do other rights, those related to religious belief may come into tension with other rights and guarantees.

In January 2018, . . . [more]

Posted in: Case Comment

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

Further Confusing Pairs
Neil Guthrie

I forget where we are in the series. Part 8? Anyway… Avert/advert: One averts one’s gaze from something unpleasant; one adverts (turns one’s attention) to other matters. The two have been confused since the Middle Ages. …


Create Your Own Personal Pension Plan
Jackie Porter

2019 is here and rather than lament about funds you already spent in 2018, now . . . [more]

Posted in: Tips Tuesday

Call for Submissions – McGill GLSA Conference, Western Journal of Legal Studies

Two student-led organizations recently contacted me with their Call for Submissions announcements. While we don’t wish Slaw to become a hub for press releases, I do generally like to help out student groups. Hopefully Slaw readers will also find these interesting.

The first is McGill’s 2019 Annual Law Graduate Conference, scheduled for May 8-9, 2019 in Montreal. The theme of this year’s conference: “Law: Proactive or Reactive”; and the call for submissions can be found on the event website at: https://www.mcgill.ca/agcl/

Any questions, contact the GLSA committee by email at gradlawconference.law@mcgill.ca.

Secondly, the Western Journal of Legal . . . [more]

Posted in: Announcements

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.?Double Aspect 2. Robeside Assistance 3.?ABlawg.ca 4. Thoughtful Legal Management 5. IP Osgoode

Double Aspect
Romancing the Law

I had the pleasure of attending last weekend’s Runnymede Society conference in Toronto. As always, the conference was a welcome opportunity to meet with old friends and new,

. . . [more]
Posted in: Monday’s Mix

TORY the Robot and Other Highlights From the IALL Conference in Luxembourg

The IALL conference is one of my favorite meetings to attend. The International Association of Law Libraries’ 37th Annual Course on International Law and Legal Information took place in Luxembourg, from Sunday, September 30, to Wednesday, October 3. I’d never been to Luxembourg before, but will make up any excuse to go again! The theme was “Law in Luxembourg – Where Local Tradition Meets European and International Innovation.” The programme for the 2018 IALL meeting was wonderful as usual – educational, enlightening, and entertaining. I met a robot, TORY! I encourage everyone, even though you do not specialize in . . . [more]

Posted in: Legal Information

Court of Appeal Materials on Greenhouse Gas Challenge

On Sept. 14, 2018, the Government of Ontario announced a challenge to the federal government’s?Greenhouse Gas Pollution Pricing Act, which will have significant economic and environmental implications, irrespective of how it is decided.?A statement of particulars was required by this date, and the province specified that the Act creates an unconstitutional tax because it is?ultra vires?of the federal government, and contravenes s. 53 of the Constitution Act, 1867. The full arguments are available here.

Given the broad public interest, the Court of Appeal ordered that?any?province or territory may intervene as a . . . [more]

Posted in: Justice Issues

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.

FAMILLE?: Le juge de première instance a commis une erreur révisable en refusant de rétracter le jugement ayant prononcé la déchéance de l’autorité parentale du père car, d’une part, le délai de 48?mois établi par la jurisprudence pour conclure à un abandon n’a pas été dépassé et, d’autre . . . [more]

Posted in: Summaries Sunday

Friday Roundup: Slaw Jobs

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 tỷ lệ cá cược bóng đá trực tuyến www.nbcflooring.com.

Current postings on Slaw Jobs (newest first):

. . . [more]
Posted in: Friday Jobs Roundup

Don’t Be That Guy

The ex-CEO of General Electric for a time had an empty corporate jet follow his own corporate jet “just in case.”

But it was a paragraph in his explanation letter that I found most instructive:

“Given my responsibilities as C.E.O. of a 300,000-employee global company, I just did not have time to personally direct the day-to-day operations of the corporate air team. I had every right to expect that it was professionally run. Other than to say ‘Hello,’ I never spoke to the leader of corporate air in 16 years.” [emphasis mine]

Now GE has lots of money invested . . . [more]

Posted in: Practice of Law

Thursday Thinkpiece: The Elephant in the Courtroom

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.

Understanding Justice Needs: The Elephant in the Courtroom

Hague Institute for Innovation of Law (HiiL) | November 2018

Excerpt: Project Introduction & Chapter 6: Enabling the Justice Sector Transition

Project Introduction

For the first time, we quantify and pinpoint the yearly need for fair solutions. In this report, we estimate that each . . . [more]

Posted in: Thursday Thinkpiece