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FCA Would Allow Reverse Class Action Suit for Copyright Infringement

Owners of copyright in movies struggle with large numbers of infringements in which unauthorized copies of their works are uploaded to peer to peer file sharing services such as BitTorrent.[1]

The Federal Court of Appeal has noted that a solution to mass-copyright infringement is for a single creator to pursue a large number of infringers.[2]

Despite the limitations of the Copyright Act for individual non-commercial infringements[3] and the limitations under current copyright law on authorization, the Federal Court of Appeal was prepared to allow a reverse class-action to proceed in which a plaintiff claims numerous parties conducted . . . [more]

The post FCA Would Allow Reverse Class Action Suit for Copyright Infringement 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.


Listening to the Client

In over 30 years of working with law firms on improving productivity and profitability, Iave seen countless marketplace surveys on the incredible value of client feedback mechanisms. In many instances itas been labelled as one of the fastest and most effective ways to boost firm revenue. So, youad think that law firms would be all over this business practice as a standard operating procedure. Buta|not so much. Two decades ago, law firm management expert Jim Durham conducted a survey of 100 MPs to see how many of their firms had client feedback programs. Around 20% of them did (or were . . . [more]

The post Listening to the Client appeared first on Slaw.


Memoirs of an Unwitting SRL

[Jeff Rose-Martland is a writer and SRL from St. Johnas, Newfoundland, and member of NSRLPas Advisory Board.]

Envision a self-represented litigant. Did you get a picture of someone in court, poorly dressed, who doesnat know what they are doing? I see that, and I am an SRL. The more-accurate mental image of a person at their dining table struggling with legal documents until the wee hours rarely comes to mind. Possibly because itas draining to even consider, let alone do. In point of fact, a courtroom may not even be involved; there are a variety of circumstances that will turn . . . [more]

The post Memoirs of an Unwitting SRL 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. Canadian Thermo Windows Inc. v. Seangio, 2021 ONSC 6555

[74] The whole point of s. 137.1 is to prevent a plaintiff from inflicting substantial costs on defendants in order to chill their participation in expressions on matter of public interest. Without the stay under s. 137.1 (5), the full panoply of expensive procedural steps under the Rules of Civil Procedure would . . . [more]

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


Tracking International Current Events: Social Media Focus on Nicaragua and Haiti

Information on social media platforms can be an incredible source to keep track of rapidly evolving situations throughout the world. Particularly, when national governments control and manipulate all sources of information, social media can truly become the only unbiased and trustworthy source, especially for those of us following a situation from the outside. As a law librarian, I must also warn of the pitfalls of not properly vetting and evaluating both the source and information found on social media platforms. Making sure that the information you read and the sources you follow on social media are both reliable and legitimate . . . [more]

The post Tracking International Current Events: Social Media Focus on Nicaragua and Haiti 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

Keep Your Legal Research Up to Date With Alerts on Lexbox
Alex Tsang

For legal professionals working with a high volume of cases, it can be difficult to stay up to date with legal research for all of them. However, with the alert feature on Lexbox, itas easy to keep track of changes to legal information on CanLII that is relevant to your field of work . . . [more]

The post Tips Tuesday appeared first on Slaw.


Nothing Less Than Great: Reforming Canadaas Universities (How Do Law Schools Fare?)

INTRODUCTION

Law schools have a mixed relationship with the universities of which they are a part. Subject to the universities’ rules, law schools nevertheless also give the impression of having an “independent” status. In Nothing Less than Great: Reforming Canada’s Universities (“Nothing Less than Great“) (University of Toronto Press, 2021), Harvey P. Weingarten assesses the state of universities across (mostly) English-speaking Canada and makes general recommendations for reform. While he refers to law schools only in passing, much of what he has to say is relevant to the landscape of Ontario law schools and legal education. Here I . . . [more]

The post Nothing Less Than Great: Reforming Canada’s Universities (How Do Law Schools Fare?) 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. Crossroad Family Law Blog 3. Library Boy 4. Welcome to the Food Court 5. Civil Resolution Tribunal blog

Avoid a Claim
When You Get a Call About a Will You Drafteda| What Is Your Next Step?

Youare sitting at your desk on a . . . [more]

The post Mondayas Mix appeared first on Slaw.


Persistent Discord Within an Administrative Body

Members of the public who are uninitiated with the legal system in Canada are often confused when they encounter administrative law for the first time. The widely-recognized strengths of administrative tribunals, their flexibility and expediency, is often only possible because they discard some elements of formality and rigid procedure.

The relationship between reviewing courts and administrative tribunals is also constantly evolving. The Supreme Court of Canada in National Corn Growers Assn. v. Canada (Import Tribunal) resisted in 1990 an approach where courts would substitute the opinion over that of an administrative tribunal’s interpretation of a legislative provision, preferring greater curial . . . [more]

The post Persistent Discord Within an Administrative Body 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) : Le tribunal rejette la requAate de l’accusA(c) visant la constitution d’un jury adA(c)quatement vaccinA(c) contre la COVID-19.

IntitulA(c) :A R. c. Bissonnette, 2021 QCCS 3856
Juridiction :A Cour supA(c)rieure (C.S.), MontrA(c)al
DA(c)cision de :A Juge Mario LongprA(c)
Date :A 13 septembre 2021

RA(c)sumA(c)

PANAL (DROIT) a procA(c)dure . . . [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.


University of Windsor Leddy Library Creates Story Map on Missing Children of Indian Residential Schools

I am always on the lookout for innovative ways that libraries have found to create great stories about complex legal or historical issues that have many moving parts.

This one is quite remarkable: the Leddy Library at the University of Windsor has created a site that tells the story of the Missing Children of Indian Residential Schools using maps.

This intereactive visual representation of the residential school locations across Canada uses data from the Truth and Reconciliation Commission report to document the experience:

“The recent discoveries of more than 1,700 unmarked graves at the sites of former residential schools in

. . . [more]

The post University of Windsor Leddy Library Creates Story Map on Missing Children of Indian Residential Schools appeared first on Slaw.


Thursday Thinkpiece: No Legal Way OutaR v Ryan, Domestic Abuse, and the Defence of Duress

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 siteas contact form.

No Legal Way Out: R v Ryan, Domestic Abuse, and the Defence of Duress

Author: Nadia Verrelli and Lori Chambers
Publisher: UBC Press
Series: Landmark Cases in Canadian Law
Page Count: 208
Publication Date: August 2021
Regular Price: $27.95 (paperback) | Series subscriber price: $22.00

Excerpt: From the Introduction. . . . [more]

The post Thursday Thinkpiece: No Legal Way Out–R v Ryan, Domestic Abuse, and the Defence of Duress appeared first on Slaw.


Building Up the Rule of Law in Ontario- Ministerial Zoning Orders and the Ford Government

aShould they really be allowed to put up that building there?!a Land development is controversial, especially in areas that are growing quickly. As someone who is running for office in one such area, I have heard quite a bit about these issues from voters.

The issues are seldom black and white. Land-owners tout the economic and social benefits of building more of the homes and workplaces that the market demands. Local residents respond with their own compelling arguments, often involving the preservation of neighbourhood character, and avoiding undue strain on infrastructure and local services. In some cases, a proposal . . . [more]

The post Building Up the Rule of Law in Ontario- Ministerial Zoning Orders and the Ford Government appeared first on Slaw.


When Can a Court Motion Be Considered aMadea?

InA Canadian Thermo Windows Inc. v. Seangio, 2021 ONSC 6555, Justice Myers addresses the issue of procedure for starting a motion. In Canadian Thermo, the plaintiffs sued the defendants for defamation. The defendants sought the dismissal of the claim, under the Anti-SLAPP provisions of section 137.1 of the Courts of Justice Act.

The defendants served a notice of motion for a long motion. The notice of motion did not indicate a date for a hearing. This was in contravention of subsection 137.2(3) of the Courts of Justice Act. Subsection 137.2(3)A states that for an anti-SLAPP motion, . . . [more]

The post When Can a Court Motion Be Considered “Made”? 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. Toronto (City) v. Ontario (Attorney General), 2021 SCC 34

[1] While cast as a claim of right under s. 2(b) of the Canadian Charter of Rights and Freedoms, this appeal, fundamentally, concerns the exercise of provincial legislative authority over municipalities. The issue, simply put, is whether and how the Constitution of Canada restrains a provincial legislature from changing the conditions . . . [more]

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


Lawyer Competence vs. Lawyer Competitiveness

If youave been following my work over at Law21, youall know that Iave been immersed lately in lawyer competence: what its components are, what its less obvious elements include, and how we can go about building it. Iave been fortunate to work with some Canadian law societies in making recommendations and helping develop frameworks to govern and guide developments in this area.

Whenever we talk about lawyer competence, we need to work out exactly what the threshold or minimum standard of that competence should be. One line of thinking in this regard is that the minimum standard . . . [more]

The post Lawyer Competence vs. Lawyer Competitiveness appeared first on Slaw.


Nominate Your Favourite New Read

CALL/ACBD is accepting nominations for the 2022 Hugh Lawford Award for Excellence in Legal Publishing.

The Canadian Association of Law Libraries has long had an annual award for excellent legal publishing. Some years ago, we renamed the award we present after Queens University Professor Hugh Lawford (1933-2009) to recognize his contributions to legal publishing in Canada. As a group of legal information specialists, our work depends on being able to access and share high-quality legal knowledge.

We value innovation and this award is open to legal content in all information formats. Slaw.ca was recognized with this award in 2009.

The . . . [more]

The post Nominate Your Favourite New Read appeared first on Slaw.


Taking Your Oral Advocacy Skills to the Next Level

To be an effective advocate, you must not only be highly skilled in specific and substantive areas of the law, but you must also ensure that you are able to advocate your case competently and confidently. You must also be adept at making sound, strategic decisions and are able to think on your feet when called upon. These skills are not perfected overnight.

Over 40 years, Osgoode has trained more than 4,500 Canadian litigators on essential oral advocacy skills in our Intensive Trial Advocacy Workshop (ITAW). However, effective oral advocacy is a skill that requires constant refinement and practice and . . . [more]

The post Taking Your Oral Advocacy Skills to the Next Level appeared first on Slaw.


Are Hybrid in-Person and Virtual ADR Proceedings the New Normal?

As we (fingers crossed) emerge from the COVID pandemic over the coming months, one of the things we will ponder is how much we want go back to in-person mediation, arbitration and other proceedings.

There will always be many advantage to meeting face-to-face. The personal connection does help facilitate discussion and settlement of disputes. It is also an advantage for adjudicators to see and hear counsel and witnesses in the flesh.

But online tools have improved a lot in the past 18 months. So has our comfort level using those tools, many of which have been around much longer. How . . . [more]

The post Are Hybrid in-Person and Virtual ADR Proceedings the New Normal? 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 Blackas Law Dictionary Online
Susannah Tredwell

One resource that users may not be aware is available in Westlaw Canadaas LawSource module is Blackas Law Dictionary, possibly because it is the only ainternationala piece of content included in the module. … . . . [more]

The post Tips Tuesday appeared first on Slaw.


Tips to Improve Your Business Development Writing

Persuasion and law go hand in hand with the use of language that is often very complex. Writing has long been a go-to option lawyers use to build their personal brands. Some of their writing is meant to be consumed by other lawyers while other content is written for client and business development purposes. Writing for a file, however, is very different than writing for business development. Below are nine tips for improving business development writing. Understanding these tipsaand the differences in writing stylesawill make writing for business development much easier.

  • Have a purpose: Create content that is useful and
  • . . . [more]

    The post Tips to Improve Your Business Development Writing 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 Barry Sookman 2.A Chief Justiceas Blog 3. The Docket 4.A BC Injury Law Blog 5. Canadian occupational health & safety law

    Barry Sookman
    Copyright, AI and IOT: my submission to the consultation

    The copyright consultation raises important issues. The government should be cautious before making any amendments . . . [more]

    The post Mondayas Mix appeared first on Slaw.


    Virtual Examinations Are Here to Stay

    Examinations for discovery are a regular feature of civil proceedings. Litigators are deeply accustomed to the facilities, court reporters, and transcripts necessary to provide this important procedural step.

    One significant feature of these in-person proceedings that everyone misses is the bountiful food offerings that these facilities offer. An hor d’oeuvre or sip from a coffee is often one of the best ways to avoid interrupting, and let something that is non-essential slide.

    All of these trimmings are gone in the virtual context, with discoveries continuing throughout the pandemic through virtual conferencing. That doesn’t mean that everyone is comfortable with the . . . [more]

    The post Virtual Examinations Are Here to Stay 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’argent liquide volA(c) constitue un A<> au sens de l’article 462.37A (3) C.Cr.; il est donc inexact de soutenir que seule l’impossibilitA(c) de confisquer un bien tangible permettrait de recourir A l’amende de remplacement d’une ordonnance de confiscation des produits de la criminalitA(c).

    IntitulA(c) :A Badaro c. . . . [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.


    The Tax Courtas Muslim Screening Policy That Canadians Almost Didnat Hear About

    I never thought Iad be writing a Slaw column about why a Canadian court shouldnat try to identify lawyers and litigants who could be athought of as beinga Muslim with the goal of trying to prevent those identified from appearing before a particular judge. Yet here we are.

    Background

    Recently it was reported that the Tax Court adopted a two-part screening initiative in relation to one of its judges, Justice David Spiro:

  • All files assigned to Justice Spiro were to be reviewed to try to ensure that he would not adjudicate a matter that had any parties, agents or lawyers
  • . . . [more]

    The post The Tax Courtas Muslim Screening Policy That Canadians Almost Didnat Hear About appeared first on Slaw.


    Dating App Profile Lands UBC Employee in Hot Water

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

    Employers are legislatively prohibited from discriminating against their employees based on their sexual orientation any other listed or similar ground of discrimination. When a university discovered that an academic advisor’s profile on a gay male dating app ran afoul of its conflict of interest policy, it fired him. The employee claimed the dismissal was discriminatory and based on his sexual orientation. He submitted a complaint to the British Columbia Human Rights Tribunal whose decision was later reviewed by the British Columbia Supreme Court. Was Conklin v University of British Columbia, . . . [more]

    The post Dating App Profile Lands UBC Employee in Hot Water appeared first on Slaw.


    Keyword Selected: school

    UC San Diego enrollment hits nearly 43,000, shattering record

    The boom is contributing to a campus housing shortage and overcrowding.


    Another blow to UC admissions tests: Nix the SAT alternative exam, faculty recommend

    An alternative test would perpetuate racial and economic disparities while adding only 'modest' value in predicting college success, a faculty group has recommended.


    97% of LAUSD teachers, administrators meet COVID-19 vaccination deadline

    Teachers and other staff had through Friday to obtain their first shot. Otherwise, they can't return to campus on Monday.


    L.A., San Diego school districts are sued over student vaccination mandate

    As expected, the state's two largest school systems face litigation over requiring COVID vaccinations as a condition for attending in-person classes.


    USC to apologize for WWII actions that derailed education of Japanese American students

    In a policy reversal, USC will apologize to former Japanese American students and offer them honorary degrees posthumously eight decades after impeding their efforts to complete their education.


    More California colleges remove SAT, ACT requirements during application process

    Some colleges said the pandemic played a role in making tests optional in admissions applications.


    Op-Ed: Did the vandals who scrawled an anti-Israel slogan in UCLA's Bunche Hall know the history?

    Bunche Hall's namesake, Angeleno and UCLA grad Ralph J. Bunche, was the first Black person to receive a Nobel Peace Prize, for bringing about an armistice in Palestine.


    Facing major campus disruption and firings, LAUSD extends staff COVID-vaccine deadline

    Employees had faced termination if not fully immunized againt COVID-19 by Oct. 15. But they'll still need their shots.


    California becomes first state to require ethnic studies for high school graduation

    Gov. Gavin Newsom signs an ethnic studies bill that represents a compromise between supporters and critics, but some in both camps remain dissatisfied.


    San Jose State president to resign after investigation into athlete sex abuse allegations

    Mary Papazian announced her resignation after the Justice Department's findings that the university violated Title IX over sexual abuse allegations against a former athletic trainer.


    New laws make it easier for community college students to transfer to 4-year universities

    The education package signed by Gov. Newsom includes legislation that will help community college students transfer into four-year universities.


    Who can opt out of school COVID vaccine mandate? California lawmakers eye crackdown

    Lawmakers are expressing concerns that allowing broad exemptions in the mandate will undermine the state's effort to protect schools.


    Parents sue state alleging Black and Latinx students are harmed by disciplinary practices

    School districts are not required to publicly report transfers, which some say are used to discipline students.


    'Educators beware!' TikTok challenge to slap a teacher prompts urgent warning

    California education leaders say the challenge follows a trend that encouraged school vandalism last month.


    'The mood is grim': Death threats, violence, intimidation mark another pandemic school year

    Schools have become the battleground in the cultural war over COVID-19.


    Get on up for Boseman Scholars: Netflix, Howard create Chadwick Boseman scholarship

    Meet Howard University's Boseman Scholars, whose tuition is covered thanks to a $5.4-million inaugural donation by Netflix in Chadwick Boseman's honor.


    L.A. community college and K-12 students can ride Metro trains and buses free. Here's how.

    L.A. community college and K-12 students in participating districts can ride Metro trains and buses for free under a new program starting this month.


    California school COVID vaccine mandate: What to know

    The mandate would take effect for grades 7 through 12 the semester after the FDA's full approval of the vaccine for children 12 and older.


    What we know about vaccine safety for schoolchildren as California sets mandate

    Public health officials have said that the vaccine is safe for children and that getting them inoculated would help speed up herd immunity.


    Newsom orders COVID vaccines for eligible students, the first state mandate for K-12A schools

    The COVID vaccine mandate would apply to students 12 and older after they become eligible for a fully approved vaccine.


    UC could add 20,000 seats for students by 2030 to meet surging enrollment demand

    The University of California is planning to increase enrollment, potentially by 20,000 students, by 2030 as it launches a comprehensive effort to meet surging demands for seats.


    O.C. school district investigates poster that seemingly mocks Latino students

    A screenshot of a social media post shows a student at Yorba Linda High holding up a poster that says, "ur dad is my GARDENER," seemingly meant to mock Latino students at Esperanza High in Anaheim.


    Man is shot by school police in South L.A. after allegedly harassing students

    The shooting happened off campus after the man allegedly confronted officers with pepper spray and a knife.


    San Diego Unified, state's 2nd largest district, mandates vaccination for students, staff

    Hundreds protested before the San Diego Unified School Board voted to require school employees and students 16 and older to be fully vaccinated.


    As deadlines approach, thousands of L.A. school employees, students remain unvaccinated

    Thousands of district employees who refuse COVID vaccinations could lose their jobs; tens of thousands of students could be shut out from school activities.


    San Diego Unified may mandate COVID vaccines by Dec. 20 for staff and eligible students

    The district's proposal would make full COVID vaccination mandatory for students when the vaccine is fully approved by the FDA for their age group.


    Long Beach school safety officer shoots, critically injures 18-year-old

    The officer fired at a car about a block from campus as it sped away, striking a young woman inside, authorities said.


    Online threat of violence shuts down San Francisco State; person of interest detained

    A person of interest was detained after a violent threat made on social media to San Francisco State that prompted cancellation of in-person classes and a partial-day lockdown of students who live on campus, officials said.


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