Focus On



Thursday, November 14, 2019 @ 12:41 PM

The tricky question of what counts as employee mitigation | Stuart Rudner

It is well established that a dismissed employee has a duty to mitigate their damages by making reasonable efforts to find new employment. Recent jurisprudence confirms that this means the dismissed employee must look for and accept comparable employment, which makes sense; a former CEO should not be required to accept a job as a cashier as part of their duty to mitigate. ... [read more]

Tuesday, November 12, 2019 @ 11:18 AM

New SCC clerkship interview process: Equity and sound public administration | Lawrence David

Cambridge doctoral student Paul Warchuk messaged me this morning with the following news: ... [read more]

Monday, November 11, 2019 @ 12:00 PM

Fixing British Columbia’s time machine | Marcel Strigberger

The time has come the walrus said to speak of many things. What time you ask? Daylight saving time (DST), in British Columbia of course.  ... [read more]

Monday, November 11, 2019 @ 10:41 AM

Access to Justice: A2J Week about innovation, collaboration, action | Beverley McLachlin

The end of October marked the celebration of Access to Justice Week in three Canadian provinces — Saskatchewan, Ontario and British Columbia. I was pleased to be able to join Ontario’s justice sector leaders for part of their deliberations on the future of access to justice in Ontario and to follow the activities in the other provinces, albeit from a distance. ... [read more]

Friday, November 08, 2019 @ 8:23 AM

New class action legal clinic is access to justice in action | Jacqueline Palef

In Fontaine v. Canada (Attorney General) 2016 ONCA 241, Chief Justice George Strathy reiterated the court’s responsibility under class action legislation to promote access to justice and to protect the interests of class members. The University of Windsor’s Faculty of Law has launched what is believed to be the first-ever legal clinic dedicated to class actions in North America and whose goal is to do just that. The Class Actions Clinic will certaintly be something members of the class actions bar should familiarize themselves with, and where appropriate, direct prospective or current class members to the clinic’s services. ... [read more]

Thursday, November 07, 2019 @ 2:09 PM

Otter vs. Fish, Vancouver animal law lawyer wades in | Victoria Shroff

In late autumn 2018, when the now legendary Vancouver river otter (Ro for short) was captured on film gleefully swimming around in the Sun Yat Sen Garden pond, with koi sashimi on his breath and not a care in the world, he captured our collective imaginations. ... [read more]

Tuesday, November 05, 2019 @ 12:45 PM

Breakthrough Innovation: New models for practice of law | Kurt Sandstrom

With the exception of technology, the basic model of the practice of law has not changed in any drastic way over the last 30 years, likely longer. While there are pockets of innovation, for the most part, a client usually seeks out a legal professional according to a set number of already established “problem areas” in which lawyers advertise their assistance: wills, estates, personal injury, family law, etc. However, it is very clear from statistics that the vast majority of people’s legal problems cannot be served through this model.  ... [read more]

Monday, November 04, 2019 @ 12:06 PM

Interveners in SCC Uber appeal offer minimal intervention solutions | Barry Leon

On Nov. 6 when the Supreme Court of Canada hears the appeal in Uber v. Heller 2019 ONCA 1, some 18 interveners will be on hand to assist the court. ... [read more]

Monday, November 04, 2019 @ 10:44 AM

#MeToo at two: Has anything changed? | Janice Rubin

A few weeks ago, I was part of a panel on TVO. The discussion centred on what had changed in the two years since the #MeToo movement had begun. Much to my surprise, I seemed to be the sole voice on the panel who thought that the needle on the sexual harassment dial had moved at all. ... [read more]

Thursday, October 31, 2019 @ 1:35 PM

Increasing access to justice through lawyer education | Pamela Cross

As I mentioned in my remarks when I received the Guthrie Award recently, there has been little attention paid to ensuring that lawyers — particularly family law lawyers — are educated about the issue of family violence. This creates a significant barrier to access to justice for families where violence has been a factor. ... [read more]