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Pivoting From Print to Digital: Insights From the Canadian Law Library Review

While access to legal journals in printed form is still desired, many have transitioned to a purely digital format. But what exactly does moving from print to digital entail? To better understand this process, I asked Susan Barker, retired law librarian from the University of Toronto and current acting editor of the Canadian Law Library Review (CLLR), about her experience when the publication took the leap to online-only in 2015.

1. What were the motivations for CLLR to go purely digital?

When I came on board as editor in 2013, the decision to go digital had been tentatively made . . . [more]

The post Pivoting From Print to Digital: Insights From the Canadian Law Library Review 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. Teamsters Local Union 847 v Maple Leaf Sports and Entertainment, 2022 CanLII 544 (ON LA)

20. It seems to me that that by opposing the disclosure of vaccine status the Union is indeed challenging the vaccine mandate. I do not see how the Employer can enforce a vaccine mandate without requiring disclosure of an employeeas vaccine status. Without that information it . . . [more]

The post Wednesday: Whatas Hot on CanLII 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

Strictly Ballroom?
Neil Guthrie

Strictly Ballroom is the title of a 1992 movie by Baz Luhrmann. What has this to do with legal writing? The word strictly. Like all adverbs, strictly is weak, even when it is meant to sound tough. … . . . [more]

The post Tips Tuesday appeared first on Slaw.


Coaching Questions for January: Which Two Will You Choose?

Happy New Year! Welcome, 2022. Whether you are starting the New Year in a positive situation or find yourself facing many challenges, it can be helpful to remember there is always much within your ability to control and influence.

To help kickstart some reflection and to not overburden and overwhelm, what 2 questions would you ask yourself about what you want to give focus and attention to this year? To help you along, I have enlisted the help of my colleagues and fellow coaches at AMP (Associate Mentoring Plus).

Kathryn McNaughton,A AMP Director of Education and Coach

  • How
  • . . . [more]

    The post Coaching Questions for January: Which Two Will You Choose? appeared first on Slaw.


    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.A PierreRoy & AssociA(c)s 2.A Paw & Order 3.A Appointed podcast 4.A Legal Feeds 5. Le Blogue du CRL

    PierreRoy & AssociA(c)s
    Comment parler A votre partenaire de ses habitudes de dA(c)pense

    Imaginez : vous venez de rencontrer quelquaun qui est tout ce que vous avez toujours voulu . . . [more]

    The post Mondayas Mix appeared first on Slaw.


    Judicial Notice of COVID-19

    There is often far too much in dispute in litigation. Counsel are often encouraged for this reason to formulate agreed upon facts, narrow the issues, and focus the dispute as much as they can.

    Courts also assist with this process. One of the mechanisms for doing so is judicial notice, which was defined by the Supreme Court of Canada in R. v. FindA as follows,

    48 In this case, the appellant relies heavily on proof by judicial notice. Judicial notice dispenses with the need for proof of facts that are clearly uncontroversial or beyond reasonable dispute. Facts judicially noticed are

    . . . [more]

    The post Judicial Notice of COVID-19 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 : L’appel d’Ugo Fredette A l’encontre de 2A verdicts de meurtre au premier degrA(c) est rejetA(c); suivant les principes A(c)noncA(c)s dansA R. c. ThatcherA (C.S. Can., 1987-05-14), SOQUIJ AZ-87111031, J.E. 87-647, [1987] 1 R.C.S. 652, le jury n’avait pas A Aatre unanime en ce qui concerne les divers . . . [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.


    APECas Indigenous Peoples Economic and Trade Cooperation Arrangement (IPETCA)

    On December 10, 2021, New Zealandas Minister of Foreign Affairs and Associate Minister for MAori Development, Nanaia Mahuta, and Minister of Trade and Export Growth, Damien OaConnor, announced the successful conclusion of the Indigenous Peoples Economic and Trade Cooperation Arrangement (IPETCA) and invited other APEC economies to declare their intention to join.[1] Canadaas Minister of International Trade, Export Promotion, Small Business and Economic Development, Mary Ng, announced Canadaas endorsement of IPETCA on the same day.[2]

    The IPETCA represents to unique new step for Indigenous participation in the global economy. It is a trade arrangement collaboratively developed by New . . . [more]

    The post APECas Indigenous Peoples Economic and Trade Cooperation Arrangement (IPETCA) 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. Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65

    [1] This appeal and its companion cases (see Bell Canada v. Canada (Attorney General), 2019 SCC 66 (CanLII)), provide this Court with an opportunity to re-examine its approach to judicial review of administrative decisions.

    [2] In these reasons, we will address two key aspects of the current administrative law . . . [more]

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


    Open Science? France Has an Impressive Second Plan

    Recently, I had the pleasure of joining a half-dozen Canadian and U.S. open science advocates in an online meeting with Senator Laure Darcos of the French Parliament. In advance, we were provided with the Second French Plan for Open Science: Generalizing Open Science in France, 2021-2024, published in July 2021 (with the first French plan launched in 2018). During our meeting, more than one of us commented on how the Plan set a far more advanced and progressive national agenda than anything we could point to in our countries. At the conclusion Senator Darcos expressed surprise at this, saying . . . [more]

    The post Open Science? France Has an Impressive Second Plan appeared first on Slaw.


    The Divisional Courtas Decision in Ontario Teacher Candidatesa Council

    INTRODUCTION

    In its December 2021 decision in Ontario Teacher Candidates’ Council v. The Queen, the Divisional Court held that the standardized Mathematics Proficiency Test (aMPTa) the Education Quality and Accountability Office (EQAO) had developed and the Ontario government had implemented for prospective teachers was unconstitutional because it disadvantaged Black and Indigenous candidates.

    As a remedy, the Court allowed all candidates who had otherwise satisfied teacher qualification requirements to enter the profession.

    The Ontario Teacher Candidates’ Council (“the Council”) arose after the Ontario government made the MPT mandatory. (Neither the Divisional Court nor the Council’s webpage identifies who actually formed . . . [more]

    The post The Divisional Court’s Decision in Ontario Teacher Candidates’ Council appeared first on Slaw.


    Escalating Threats to Colombian Human Rights Advocates: The Day of the Endangered Lawyer, 24 January 2022

    Colombia has long been one of the most dangerous places in the world for human rights advocates, but the danger intensified in 2020 and 2021 with a surge of massacres and assassinations of human rights defenders and community leaders. The dire situation in Colombia has drawn the attention of the international coalition for the annual Day of the Endangered Lawyer marked each year on 24 January.

    This year, LRWC is working with the Law Society of Ontarioas Human Rights Committee and Human Rights Watch to organize an online event to discuss the situation of lawyers at risk in Colombia. The . . . [more]

    The post Escalating Threats to Colombian Human Rights Advocates: The Day of the Endangered Lawyer, 24 January 2022 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

    Neil Guthrie

    Commas can be confusing, and one of the most common misuses is this: Join partner, Eleni Papadopoulos for this informative seminar on a| Sometimes another comma will be placed after the personas name as well. … . . . [more]

    The post Tips Tuesday appeared first on Slaw.


    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. Canadian Combat Sports Law Blog 2.Employment & Human Rights Law in Canada 3. BC Provincial Court eNews 4.A Ontario Condo Law Blog 5.Dooreyas Workplace Law Blog

    Canadian Combat Sports Law Blog
    Study Looks At Boxer and MMA Fighter Brain Health By Weight Class

    Adding to . . . [more]

    The post Mondayas Mix appeared first on Slaw.


    Seize That Contraband Tobacco

    Tobacco is a heavily regulated product. It is regulated under the Tobacco Tax Act to reduce the flow of untaxed products into the contraband market, and this is achieved through requiring a registration certificate for production and sale.

    The Applicant in Sobczyk v. Ontario recently asked the Divisional Court to review the decision of the Ontario Ministry of Finance to refuse to issue a registration certificate for the 2021 calendar year. The Application for Judicial Review was dismissed, as the decision was found to be reasonable.

    The Applicant is a tobacco farmer who was issued certificates from 2013-2020 on an . . . [more]

    The post Seize That Contraband Tobacco 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 : L’accusA(c), qui a donnA(c) 1A seul coup de poing au visage de la victime lors d’une querelle dans un cinA(c)ma, est acquittA(c) relativement A 1A chef d’accusation d’homicide involontaire coupable; le tribunal a retenu la thA"se de la lA(c)gitime dA(c)fense puisque la victime a A(c)tA(c) l’instigatrice du . . . [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.


    Big New Ideas: The Best Gig for a Legal Marketer

    aAny idea can be a great idea if you think differently, dream big and commit to seeing it realized.a
    a Richard Branson

    I would consider myself an idea person. Itas not a gift. I see it as experience coupled with enthusiasm, curiosity, and most importantly, a complete understanding of how to execute. Surrounding yourself with other idea people and consistently exercising the muscle helps too. Given the nature of the role, legal marketers must be skilled at generating new ideas and supporting other ones across the firm. At Lenczner Slaght, our marketing team is fortunate to have more new ideas . . . [more]

    The post Big New Ideas: The Best Gig for a Legal Marketer appeared first on Slaw.


    New Report on Phase 1 of the Family Law Unbundled Legal Services Research Project

    My post in January 2021 introduced the Family Law Unbundled Legal Services Research Project funded by the Legal Aid BC / Law Foundation BC Legal Research Fund. In this post I am very pleased to advise that the report on Phase 1 of the project is now available here.

    Quoting from the Executive Summary:

    The Family Law Unbundled Legal Services Research Project (ULSRP) is an initiative designed to both evaluate the effectiveness of family unbundled legal services and to facilitate access to justice by enhancing the working relationships between the existing community of ULS providers and BC citizens most in

    . . . [more]

    The post New Report on Phase 1 of the Family Law Unbundled Legal Services Research Project 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

    A Bright-Line Test
    Neil Guthrie

    This phrase is frequently used by judges and lawyers: there are roughly 400 cases in CanLII which employ it. Notable among them is R v Neil, 2002 SCC 70, where Binnie J applies a bright-line test to identify lawyersa conflicts of interest. … . . . [more]

    The post Tips Tuesday appeared first on Slaw.


    Hooked on and Quitting Legal Information

    Simultaneously and in conjunction, Wolters Kluwer and Thomson Reuters have agreed to sell, in the case of the former, its legal information businesses in France and Spain, and in the latter, its Spanish legal information business, both to Karnov Group. There is change everywhere, as 2022 budget disciplines demand taking out the trash, and little is left in Europe in the hands of the giants.

    Conversely, the news that Wolters Kluwer had sold its US academic publishing assets was hardly a surprise. For several years it has been withdrawing from the provision of legal information content. Long gone, in . . . [more]

    The post Hooked on and Quitting Legal Information appeared first on Slaw.


    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.A Avoid a Claim 2. Global Workplace Insider 3.A Canadian Trade Law Blog 4. Canadian Securities Law 5. Attorney with a Life

    Avoid a Claim
    Ontario Business Registry (OBR) a MGCS Updates and Responses

    The OBA has shared information with respect to the new Ontario Business Registry. aThe . . . [more]

    The post Mondayas Mix appeared first on Slaw.


    Settlement of Civil Litigation Is Good

    Technology has not been the panacea to delays in the court system. Ontario has announced $72 million to tackle the backlog, but even then it will likely focus on criminal proceedings, while civil cases continue to languish.

    In Innocon Inc. v. Daro Flooring Constructions Inc., Justice Myers of the Ontario Superior Court of Justice indicated at para 80 that motions are being scheduled at least 8 months out in late 2021. Those delays are only expected to get longer in 2022.

    The only reasonable and client-focused response to this is for counsel to find practical and effective solutions. . . . [more]

    The post Settlement of Civil Litigation Is Good appeared first on Slaw.


    Summaries Sunday: Supreme Advocacy

    One Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. Itas a summary of all Appeals, Oral Judgments and Leaves to Appeal granted from November 18 a December 31, 2021 inclusive.

    Appeals

    Bankruptcy & Insolvency: Compensation/Set-off Between CCAA Debts
    MontrA(c)al (City) v. Deloitte Restructuring Inc., 2020 QCCA 438, 2021 SCC 53 (39186)

    This appeal raises an issue relating to compensation, or set off in a common law setting, between . . . [more]

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


    How Legal Scholarship Can Reveal the Difference Between the Law as Written and the Law as Applied

    Is there one piece of legal scholarship which you read years ago that sticks with you? For me it was an article about how a personas right to legal name changes can be hindered by clerks who may misstate the law or a personas options. The article is called Changing Name Changing: Framing Rules and the Future of Marital Names, and it was written by Elizabeth F. Emens and published in the University of Chicago Law Review in 2007.[1] I believe I read it around 2015, and I remember being fascinated by the concept of adesk-clerk law.a In . . . [more]

    The post How Legal Scholarship Can Reveal the Difference Between the Law as Written and the Law as Applied appeared first on Slaw.


    Court Orders Trial to Proceed Virtually Over Objections From Counsel

    In light of the Omicron variant, in-person civil jury trials have been suspended in Ontario. This has impacted many cases, which were slated for trial in January 2022. One of these cases was Fraser v Persaud. In Fraser v. Persaud, 2021 ONSC 8429, the motor vehicle accident case was at risk of not being heard in 2022 (7 years post-accident). Therefore, plaintiff counsel requested that the matter proceed virtually. Defence counsel objected to this request. They wanted to have the trial in-person. But, this could push the trial from January 2022 to January 2024.

    Justice Richetti ordered that . . . [more]

    The post Court Orders Trial to Proceed Virtually Over Objections From Counsel appeared first on Slaw.


    Patent Proceedings by the Numbers a Part 2

    Continuing my review of patent infringement proceedings in Federal Court, I will look at how cases actually move through the court. Focusing on patent infringement cases started in 2017, 2018 and 2019 (but excluding proceedings under the PM(NOC) regulations), for this group of about 140 cases, a statement of defence was only filed in about 75% of cases. In my last column (see How Long to Trial for Patent Proceedings?), my review suggested that about half of the cases were resolved in less than two years, typically by way of settlement or discontinuance.

    In the 75% of cases where . . . [more]

    The post Patent Proceedings by the Numbers a Part 2 appeared first on Slaw.


    Lawyers and the Self-Represented: Ethical Obligations in the Hearing Room

    The role of adjudicators in hearings with self-represented litigants (SRLs) has been discussed in many court decisions and articles. What is less explored is the role of opposing counsel. In this column I will discuss the possibly expanding role of opposing counsel in facilitating access to justice for SRLs. Although the adjudicator has the primary role in managing a hearing and in assisting the self-represented party, opposing counsel can play an important role. It is also important that adjudicators clearly communicate their expectations of the lawyer when a hearing includes an SRL.

    The Canadian Judicial Councilas Statement of Principles on . . . [more]

    The post Lawyers and the Self-Represented: Ethical Obligations in the Hearing Room 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

    Finding the History of a Section of the Canadian Criminal Code
    Susannah Tredwell

    Unfortunately there is no easy tool that will allow you easily track the changes to a specific section of the Criminal Code over the years, but the following two resources may be helpful: … . . . [more]

    The post Tips Tuesday appeared first on Slaw.


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