Current postings on Slaw Jobs:

• Litigation Lawyer (Full-time) | Halifax, NS
  (Gerald Walsh Associates)
• Policy Counsel (Permanent, Full-time) | Ottawa, ON
  (Federation of Law Societies of Canada)
• Board Member (Full-time) | Halifax, NS
  (Nova Scotia Utility and Review Board)
• Barrister & Solicitor (Full-time) | Edmonton,

. . . [more]

The post Friday Jobs Roundup appeared first on Slaw.

Four years ago, I wrote about the use of discovery evidence in criminal matters (linked: here). Today (June 30, 2022), the Supreme Court of Canada has provided greater guidance on this question, specifically in the context of sexual assault cases.

In R v. JJ, 2022 SCC 28, Justice Wagner and Justice Moldaver writing for the Majority upheld sectionsA 278.92 to 278.94 of the Criminal Code, excerpted in part below.

 

Sections 278.92 to 278.94 were meant to remove barriers that deterred complainants from coming forward. Mainly by restricting defence counsel’s use of the complainant’s personal records (e.g. medical . . . [more]

The post Can Discovery Evidence Be Used in a Criminal Case, More Guidance From R v JJ, 2022 SCC 28 appeared first on Slaw.

But what is it?

…It is now recognized. But it is not quite accepted. It fits no antique mould. Not knowing just what it includes, the legal profession has never felt quite at ease with it nor quite known how to handle it.

Albert Abel, aThe Dramatis Personae of Administrative Lawa, 1972

“Administrative law is not for sissies — so you should lean back, clutch the sides of your chairs, and steel yourselves for a pretty dull lecture. There will be a quiz afterwards.”

Justice Antonin Scalia, aJudicial Deference to . . . [more]

The post The State of Administrative Law Teaching: A Review of Administrative Law in Context appeared first on Slaw.

For this last week, the most-consulted three English-language decisions were:

1. FCA Canada Inc. v Unifor, Locals 195, 444, 1285, 2022 CanLII 52913 (ON LA)

92. I observe that there is no arighta to remain unvaccinated and remain in active employment. The right is one of personal autonomy and bodily integrity, in this circumstance, having the choice to remain unvaccinated. Exercising that choice . . . [more]

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

The post Should There Be a Different Code of Conduct for Family Lawyers? appeared first on Slaw.

Research & Writing

TL;DR
Neil Guthrie

Translation: atoo long; didnat reada. This is the verdict, Aaron Orendorff argues, on most work-related writing. Orendorff, a writer and editor, suggested a while back in the New York Times that your work colleagues really donat want to read anything you write in a professional setting. … . . . [more]

The post Tips Tuesday appeared first on Slaw.

The post An Open-Access Teaching Q&A With UBC Law Professor Samuel Beswick, Editor of Tort Law: Cases and Commentaries appeared first on Slaw.

PANAL (DROIT): Les directives du juge de premiA"re instance pouvaient amener le jury A comprendre qu’il ne lui A(c)tait possible d’acquitter l’appelant que s’il retenait le tA(c)moignage du tA(c)moin de la dA(c)fense, alors que l’appelant avait droit A l’acquittement si ce tA(c)moignage soulevait un doute raisonnable; cette erreur de droit . . . [more]

The post Summaries Sunday: SOQUIJ appeared first on Slaw.

Current postings on Slaw Jobs:

• Policy Counsel (Permanent, Full-time) | Ottawa, ON
  (Federation of Law Societies of Canada)
• Board Member (Full-time) | Halifax, NS
  (Nova Scotia Utility and Review Board)
• Barrister & Solicitor (Full-time) | Edmonton, AB
  (Municipal, Education and Service Alberta – Legal Services

. . . [more]

The post Friday Jobs Roundup appeared first on Slaw.

In a recent case, the employer dismissed the employee when she did not return to the workplace following an allegedly unauthorized medical absence. However, the employer had improperly denied the fact that the employer’s medical absence was tied to her suffering from an adjustment disorder with associated anxiety and depression, a disability that had been diagnosed by a medical professional.

As a result, the labour arbitrator in the case found that the employer had unjustly dismissed the employee by discriminating against her disability. The arbitrator ordered the employee to be reinstated to her position, and to be compensated for the . . . [more]

The post LTD Rejection and Flawed Medical Note Not Grounds to Deny Employee Disability appeared first on Slaw.

The Divorce Actathe federal legislation that governs divorce in Canadaa has been the subject of increased attention because of significant amendments made in 2021. On Slaw, for example, Deanne Sowter published two thoughtful columns addressing what these amendments mean for family law lawyers (see here and here). Not having practiced or taught family law, I wasnat familiar with the details of the legislation, but was interested in the impacts of the 2021 amendments on lawyers. Before I could consider . . . [more]

The post A Family Lawyeras Duty to Discuss Reconciliation With Clients: Time for Change? appeared first on Slaw.

For this last week, the most-consulted three English-language decisions were:

1. R v Ayyazi, 2022 ABQB 412 (CanLII)

[17] In the previously part of his Decision, I noted the well-established law that in Alberta, employing Strawman Theory immediately creates a presumption against the OPCA litigant that this act was done for illegal, bad faith, and ulterior purposes to defeat legal authority. That resulting . . . [more]

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

The next CALL/ACBD webinar will occur on June 28th from 1-2:30pm EST. It will be presented by David Ireland (Associate Professor and Director of Clinics for the Faculty of Law at the University of Manitoba), Freya Kodar (Professor and faculty member Faculty of Law, University of Victoria ), Dr. Laverne Jacobs (Faculty of Law, University of Windsor) and Dr. Richard Jochelson (Dean of Law for the Faculty of Law, University of Manitoba).

This webinar will explore the ways in which persons with disabilities interact with the law in Canada. This will be done through an examination of barriers regularly faced . . . [more]

The post CALL Webinar: Law and Disability in Canada appeared first on Slaw.

So, if you are feeling burnt out, having a hard time focusing, or just want to take a quick break, my gift . . . [more]

The post Suggested Pairing: Coffee & Crossword appeared first on Slaw.

Research & Writing

Problem Verbs (And Gerunds)
Neil Guthrie

Problematic because they are newfangled and ugly. Error: Seen in a recent lawyer blog post: The court errored when a| Nope. It erred or made an error. To paraphrase the poet, to err is human; to error is unforgivable. … . . . [more]

The post Tips Tuesday appeared first on Slaw.

The University of Toronto Bora Laskin Law Library, in partnership with Professor Angela Fernandez and Animal Law Research Associate Sam Skinner, is proud to announce the launch of the Animal Law Research Guide, a resource for those researching Canadian animal law. The Animal Law Research Guide seeks to provide a collection of secondary sources as well as primary legislation in the field of animal law.

While the Animal Law Research Guide provides a collection of Canadian animal law resources, the Brooks Animal Law Digest Canada Edition provides up-to-date information on developments in Canadian animal law. Published twice . . . [more]

The post New Animal Law Research Guide From the University of Torontoas Bora Laskin Law Library appeared first on Slaw.

This week the randomly selected blogs are 1.A BC Estate Litigation Blog 2.A IP Osgoode 3. Le Blogue du CRL 4. Know How 5. Double Aspect

BC Estate Litigation Blog
B.C. Case Comment: Applications for Standing to Bring Claims on Behalf of Estate Against Executor

What happens if you are a beneficiary and you believe . . . [more]

The post Mondayas Mix appeared first on Slaw.

Oral Judgments

Criminal Law: Delay
R. v. Safdar, 2021 ONCA 207; 2022 SCC 21 (39629)

Brown J.: “The appellant, Syed Adeel Safdar, was tried for offences related to the abuse of his wife. At the conclusion of evidence . . . [more]

The post Summaries Sunday: Supreme Advocacy appeared first on Slaw.

PANAL (DROIT): Les appels de Tony Accurso sont rejetA(c)s; la Cour confirme les dA(c)clarations de culpabilitA(c) rA(c)sultant de la participation de l’appelant A un systA"me de collusion et de corruption au sein de la Ville de Laval ainsi que les peines d’emprisonnement respectives de 30 et 48A mois prononcA(c)es en . . . [more]

The post Summaries Sunday: SOQUIJ appeared first on Slaw.

I have been told the CBA Immigration section is the most active of all the sections within the CBA. For years, the highlight for this section has been the CBA Immigration Law Conference where we regularly see 400 to 500 practitioners descent into a Canadian city to discuss recent policy & program updates from IRCC & CBSA. We review significant caselaw and hear from the lawyers who argued those cases, including lawyers from the Department of Justice who offer their perspective, and we opine (sometimes with vigor) on all the changes we would like adopted. I have been attending these . . . [more]

The post In-Person Conferences: Will You Show Up? appeared first on Slaw.

You arenat alone. We all question our decisions from time to time.

A career in law isnat one thing. Itas not one skill set. Itas not one specialization. This diversity of options and trajectories can make it such a valuable career choice and a challenging one.

Finding the legal career that fits you may take some effort. It can mean making several transitions. What’s important to know is that this is a process of learning about yourself and, in turn, learning about what will . . . [more]

The post Donat Let These Ten Stumbling Blocks Push You Out of Law appeared first on Slaw.

Current postings on Slaw Jobs:

• Barrister & Solicitor (Full-time) | Edmonton, AB
  (Municipal, Education and Service Alberta – Legal Services Division)
• Director of Litigation Practice (Full-time) | Hybrid work available in offices located in Vancouver, Toronto, Ottawa, Calgary, and Nova Scotia
  (Ecojustice)
• Civil Litigation Lawyer

. . . [more]

The post Friday Jobs Roundup appeared first on Slaw.

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

Sick leave abuse is notoriously hard to catch. As a form of workplace fraud, one such incident can rupture the trust at the centre of even a long-standing employment relationship, prompting the employer to emphasize deterrence over rehabilitation when it imposes discipline. An Ontario arbitrator recently considered the plight of an employee who wrongfully entered a pandemic leave program that was designed to help facilitate isolating at home when required. When his ulterior motives came to light, even his long period of service could not tip the scales in favour of . . . [more]

The post Biting the Hand That Feeds: The Problem of Sick Leave Abuse appeared first on Slaw.

“A lean compromise is better than a fat lawsuit”. – George Herbert

In Dalquee v Gandhi, 2022 ONSC 3521, the defendant brought a motion to strike the claim of the plaintiffs, without leave to amend. The relief was granted in part. The claim was struck. However, Justice Myers granted leave to the plaintiffs to deliver a fresh as amended statement of claim.

In reaching his decision, Justice Myers noted factors to consider when bringing a motion:

• Civil litigation is about money. It is expensive and fraught with risk.
• If the plaintiffs chose to draft the claim on

. . . [more]

The post Factors to Consider When Bringing Your Next Civil Motion appeared first on Slaw.

For this last week, the most-consulted three English-language decisions were:

1. Public Health Sudbury & Districts v Ontario Nursesa Association, 2022 CanLII 48440 (ON LA)

44. The impact of this decision is that the grievor must demonstrate that she has a practice or belief, that has a nexus with her creed, that calls for a particular line of conduct, here the decision to . . . [more]

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

Litigants represented by lawyers have little-to-no worries regarding these procedural tools. Their . . . [more]

The post Expanding Online Access to Procedural Resources for Self-Represented Litigants appeared first on Slaw.

The post Is the Arctic Council Completely Frozen? appeared first on Slaw.