The use of demonstrative or visual aids at mediation is more widely accepted by lawyers and mediators since the legal profession began its rapid embrace of technology. Arguably, the pandemic accelerated this implementation. The technology adoption started with the exchange of electronic mediation briefs, improved access to scanned documents, and the use of video software, like Zoom and Teams. Now, counsel more commonly use Power Point or slides and electronic documentation in their introductory remarks, and present demonstrative aids in their Mediation Briefs to bolster arguments by visual c ..read more

Case Commented On: KMN v SZM, 2024 BCCA 70 (CanLII), overturning 2023 BCSC 940 (CanLII) We have both written previously on myths and stereotypes about intimate partner violence (IPV), one of the most common of which is that women make false or exaggerated claims of violence to gain an advantage in family law disputes (see here and here). In KMN v SZM, 2024 BCCA 70 (CanLII), the British Columbia Court of Appeal (BCCA) recognized the existence of this myth and the need for courts to avoid making assumptions that perpetuate it, holding that it is erroneous to do so unless there is an evidentiary ..read more

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. Doorey’s Workplace Law Blog 2. Lash Condo Law 3. Canadian Appeals Monitor 4. Family LLB 5. Avoid a Claim Doorey’s Workplace Law Blog SCC: Exclusion of Managers from Labour Legislation Not a Charter Violation The Supreme Court of Canada released a much anticipated but under the radar ..read more

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. PÉNAL (DROIT) : La juge de première instance n’a pas erré en déterminant que la caractéristique dominante de la poupée en silicone que possédait l’accusé est une représentation des organes sexuels et de la région anale d’une enfant dans un but sexuel, ce qui constitue du matériel de pornograph ..read more

The Hon. Roy McMurtry had a stellar career, serving as Chief Justice of Ontario, Canadian High Commissioner to the United Kingdom, Commissioner of the Canadian Football League, and Attorney General of Ontario. When he passed away in March, many of the tributes rightly focussed on the critical role he played in reaching “the kitchen accord” which led to the patriation of the Constitution with the enactment of the Charter of Rights and Freedoms, section 35 and the notwithstanding clause. Other tributes noted his participation in the landmark case of Halpern v. Canada (2003), which legalized sam ..read more

Written by Daniel Standing, LL.B., Content Editor, First Reference Inc. The Supreme Court of British Columbia rendered a decision (2024 BCSC 55 (CanLII)) on judicial review which looked at the employer’s choice to implement a COVID-19 vaccination policy, and whether, under the Labour Relations Code, it was obligated to enter into discussions with the union first. The case provides employers with insight into the difficulty of overturning a tribunal’s decision. Background The workplace was a provincially run rapid transit company. The Court considered a union’s petition for judicial review of a ..read more

For those of us raised in Canada and who studied law here, it can be easy to forget that the way we practise law is very… Canadian. While we’re all aware that there are substantive differences between Canadian law and the law of other jurisdictions, it’s much easier to forget that the practice of law varies just as much from nation to nation. There’s more than one way to do almost anything, and the Canadian legal system is founded on a very specific set of choices, norms, and traditions. Upon arriving in Canada from her native Australia, and despite her background as an academic from another ..read more

In R. v. Spencer[1] the Supreme Court of Canada held that a reasonable expectation of privacy attaches to subscriber information — the name, address, and contact information — associated with an individual Internet Protocol (IP) address. In R. v. Bykovets[2], the majority found that reasonable expectation of privacy extends to the numbers which make up an Internet protocol address even though those numbers might be changed at random by an Internet service provider. The Facts The Calgary City Police were investigating fraud in online liquor sales and came across a payment processor who process ..read more

In the 1920s, Jackie Coogan became one of Hollywood’s first child stars after playing the titular role of “The Kid” alongside Charlie Chaplin. Having starred in several box office successes, Coogan’s childhood career had earned him an estimated $4 million (roughly $62 million today). When Coogan tried to access his earnings in his 20’s, however, he discovered that his mother had spent nearly his entire fortune. In response to public outcry, California passed the Coogan Act, which aimed to safeguard a portion of child actors’ earnings until they reached adulthood and to protect them from abuse ..read more

Democratization means making something, usually a public good, accessible to everyone. The democratization of technology related to the internet or the democratization of health care are examples. As digital technologies become more widely adopted in areas touching peoples’ daily lives such as making appointments, applications for employment, being informed about changes in conditions of services or bargains available in the marketplace the reasons for making enabling technologies accessible to everyone become increasingly obvious. In a nation with a long-standing system of publicly funded he ..read more