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Articles by Gordon LaFortune
Monday’s Mix - Slaw
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. FACL BC Podcast 2. First Reference 3. The Court 4. Family LLB 5.
2024 New Year Update on US Legal Research
Posted in: 2024 is off to a good start with several online U.S. legal information stories from the Law Library of Congress. On January 18th, 2024 The Law Library of Congress In Custodia Legis blog posted a blog post by Jennifer Davis on the Anniversary of the Indian Self-Determination and Education Assistance Act. ““Felix Cohen noted that, “[f]rom the earliest years of the Republic the Indian tribes have been recognized as “distinct, independent political communities’” (Cohen 1941, 122).
Book Review: The Law of Affidavits
Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law. The Law of Affidavits. By John Douglas Shields. Toronto: LexisNexis Canada, 2023. 255 p. Includes bibliographic references, table of cases, and index. ISBN 9780433525004 (softcover) $140.00.
Ontario Human Rights Tribunal Keeps Gate Closed to Individual Respondent
In a succinct interim decision, 2024 HRTO 225 (CanLII), the Human Rights Tribunal of Ontario (Tribunal) explained when it might grant an application to expand the list of respondents to a human rights complaint. It’s not as simple as one might think. In this case, the complainant sought to add a former employer as a respondent in his individual, personal capacity, to her sex discrimination complaint. The targeted individual was a majority shareholder and director of the employer.
Russia’s Rule of Law(lessness) Threatens Advocates Worldwide: A Canadian Case Study
Posted in: Russia’s persecution of thousands of independent journalists, human rights defenders, anti-war dissenters, and opposition politicians in Russia is well known, especially the arbitrary detention and death of Alexei Navalny. Less well known are Russia’s threats and judicial harassment of people living in other countries – including Canada – for sharing views that dissent from official Russian narratives.
A Second CUSMA Panel on Canada’s Supply Management Regime
Posted in: Over the last three years we have followed Canada’s ongoing battle to protect and reserve it supply management system for dairy and poultry products in place and negotiated for since the original GATT negotiations concluded in 1947.
Not a Good Year for Research Integrity
Last year a disheartening record was set for research integrity in scholarly publishing. In 2023, over 10,000 research articles were stamped “retracted” reducing them to ghost research. The previous year the number was short of 6,000, itself a retraction record. Clearly something is amiss in the quiet halls of academe.
Pronunciation of Names at Hearings: Best Practices for Tribunals
“There are few things more important than one’s name. It reflects one’s identity, individuality and human dignity.” Adam Dodek, “Mispronouncing names isn’t okay, and it has nothing to do with being ‘woke’” There’s a movement underway in the legal community to focus attention on the proper pronunciation of names in legal settings. There is a growing recognition that the proper pronunciation of names shows respect and is more inclusive.
Two WSIA Actions Dismissed with Many Lessons Learned
The Ontario Superior Court of Justice just dismissed two actions regarding claims under the Workplace Safety and Insurance Act. The Court confirmed the decision of the Vice-Chair of the Workplace Safety and Insurance Appeals Tribunal, and similarly concluded that D lost her right of action under the Workplace Safety and Insurance Act. Additionally, D’s family member also lost her right of action under the Family Law Act, as this claim was derivative in nature and dependent on D’s claim.
5 Ways Lawyers Can Stop Avoiding Conflict
“You’re a lawyer — you must like arguing!” While this may be true for some lawyers, when it comes to conflict with their closest colleagues, many would rather avoid the pain and discomfort. Although interpersonal conflict is often thought of as a battle between two people, I have learned that conflict is about tension between people when they differ in beliefs, behaviours, opinions, or values.
Monday’s Mix - Slaw
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. Administrative Law Matters 2. Le Blogue du CRL 3. Legal Feeds 4. The Court 5.
Business Justifications Shield Employer in Reprisal Complaint
Under Ontario’s occupational health and safety legislation’s reprisal provisions, the employer in 2023 CanLII 73671 was able to show that its actions weren’t motivated by any ill-will toward the employee for filing a harassment complaint against her manager. The case offers a reminder to employers of the value of maintaining evidence that can show a chronology of key events.
Tribunals: A “People-Centered” Framework
As Noel Semple, wrote earlier this year here on Slaw, each year, over 100,000 Ontarians seek justice from Tribunals Ontario which, as he points out, is far more people than will start civil lawsuits in the Superior Court of Justice each year.
The Problem with Associate Fee Splits
Compensation is a reflection of value, but also has the purpose of motivating workers. Where compensation is a fee split, make sure that your offer is accomplishing both of these objectives. I work predominantly with small to medium-sized law firms in Canada, so my comments here reflect that particular marketplace.
Canada’s Supply Management System Part V
In our July 2022 update on the Canada- U.S. Canada-U.S.-Mexico Agreement (CUSMA) dispute over Canada’s supply management system for dairy products,[1] we referred to “new front” in the “dairy wars.“ New Zealand launched a complaint against Canada pursuant to the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP),[i] taking issue with its lack of “promised access” to its otherwise restricted dairy market.[ii] New Zealand considers the manner in which Canada is implementing its...
Thursday Thinkpiece: Forcese on National Security Accountability in Canada
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 site’s contact form. Fundamentals of National Security Accountability in Canada Author: Craig Forcese Publisher: Irwin Law Inc.
Wednesday: What’s Hot on CanLII? – June 2023 - Slaw
At the beginning of each month, we tell you which three English-language cases and French-language cases have been the most viewed* on CanLII in the previous month and we give you a small sense of what the cases are about. For this past month, the three most-consulted English-language decisions were: 1. Canadian Council for Refugees v. Canada (Citizenship and Immigration), 2023 SCC 17 [10] From this perspective, and notwithstanding the findings of the Federal Court judge that the s.
Statutory Publication Metaphor: Robin Hood
Posted in: One of the most difficult parts of statutory research for beginners is learning that statutes are published in two formats: chronological laws and codified laws. In the US, federal legislation is first published as a slip opinion and then bound into a volume of the Statutes at Large. These documents are useful for a researcher who wants to answer questions about intent or statutory language, as you want to see the entire law as it appeared when it was passed.
CBA Demarch on Proposed Sanctions Legislation Underscores Trade Bar’s Frustration with Canada’s Overall Management of its Russia Sanctions Program
Posted in: On May 12, 2023, in response to the Government of Canada’s proposed amendments to the Special Economic Measures Act (SEMA) and the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) (Magnitsky Act) in Bill C-47, the Budget Implementation Act 2023, No. 1 (Bill C-47),[1] the International Law Section of the Canadian Bar Association (CBA Section) has filed a submission with the Parliamentary Standing Committee on Finance.[2] Bill C-47 is intended to make...
How well is Chief Justice Morawetz Overseeing Ontario Superior Court Operations?
Posted in: As Chief Justice Morawetz enters his 5th year as head of the Ontario Superior Court, it is both appropriate and necessary (given the court’s acknowledged culture of complacency) to ask “how well is he overseeing court operations?” Answering this question with the tools and data presently available is challenging, as Ontario lacks a history of accountability (or transparency) from either the judiciary or the court itself.
Don't Sacrifice Health for Wealth
Posted in: Many of us have traded away our health for wealth. The consequence is an early death and, perhaps worse, painful old age. I have noticed, now in my second decade of dastardly discourse, how my colleagues and I have slowed even as coffers grow. Formerly spry squash players, dashing around the court, now stand as tree trunks, whirling branches for arms without legs. A hike to the Banff tea house requires more respite than remembered.
Time for Campaign Finance Reform for LSO Elections?
Posted in: Introduction The recent Bencher election for the Law Society of Ontario (the “LSO”) was a heated and political affair. Candidates presented themselves for election, publicized platform commitments, communicated with electors by email and pamphlet, and even, controversially, organized themselves into competing slates. It had the look and feel of the kind of election we are all familiar with for federal, provincial, or municipal office.
Another One on AI: Teaching Legal Citation with ChatGPT
Posted in: Many important questions on the use of generative AI for legal research remain unanswered.
"Split the Pie" - A Tasty Take on Negotiation - Slaw
Negotiation is the most common form of dispute resolution. I recently heard that about 50,000 actions are started in the Ontario Superior Court of Justice each year. About 2,000 cases go to trial. The rest are resolved some other way – mainly negotiated settlements. I don’t know how accurate those numbers are, but that’s an awful lot of negotiation. The difficulty, in many cases, is that parties (and counsel) don’t really understand what they’re negotiating about. It’s not the merits of the dispute.
Tips Tuesday - Slaw
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. Confusion Neil Guthrie Oh, words. So useful, but so easily confused. Back story/background. Recently overheard in the hallway: That’s the back story to the file. Well, not quite. A back story is the fabricated biography that a spy is given as a cover, especially for the purposes of a future interrogation by someone hostile. …
Supply Management and CUSMA, Part IV: A Rematch and a New Challenger…A Never-ending Story
Posted in: This March, we reviewed the ruling in the Canada United States Mexico Agreement (CUSMA) challenge of Canada’s Dairy Tariff Rate Quotas (TRQs)[1]. The Panel found that Canada’s practice of reserving 85-100% of dairy TRQs for processors violated Article 3.A.2.11(b) of CUSMA. Citing the principle of “judicial economy,”[2] the panel members left it for the two sides to work out a solution without applying the strict guidelines the United States was seeking.
Tips Tuesday - Slaw
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 Read the Contract Susannah Tredwell As law librarians we should all know the value of reading a contract before we sign it. And yet… For librarians, some specific clauses in contracts to take note of are: Renewal of the contract – does the contract renew automatically? …
Monday’s Mix - Slaw
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. Intrepid Podcast 2. IP Osgoode 3. Kate Dewhirst 4. Sane Split Podcast 5.
Electronic Signatures May be Superior in Commercial Transactions
Due to social distancing measures during the pandemic, almost all documents during this time were signed digitally, as opposed to traditional (“wet signatures”) methods. Well before the pandemic, electronic signatures have been considered legally valid. Ontario, Alberta and B.C. have had statutes in place for over two decades recognizing the validity of electronic signatures, based on the Uniform Electronic Commerce Act of Canada (“UECA”) model legislation.
Summaries Sunday: SOQUIJ
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.
Landmark Compensation Award in a British Columbia Discrimination Case
Written by Daniel Standing LL.B., Editor, published by First Reference In 2019, the British Columbia Human Rights Tribunal found that Levan Francis was the victim of discrimination on the basis of his race and colour at the hands of his employer, the Ministry of Justice, North Fraser Pre-trial Centre. The damage was extensive: Francis suffered a serious mental illness that prevented him from working in any occupation.
Wednesday: What’s 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. Ahluwalia v. Ahluwalia, 2022 ONSC 1303 [52] To define the modes of liability underlying the new tort of family violence, the proper starting point is the definition of “family violence” found in s. 2 of the Divorce Act.
Patent Infringement and Prior Use Rights
In 2018, the Patent Act was amended to expand the scope of the “Prior Use” exception to patent infringement. This exception declares acts not to be an infringement of a patent if a person had done the same act prior to the claim date of a patent. Basically, if someone is doing something prior to the filing of a patent, they can continue to do what they were doing. In the recent Federal Court decision, Kobold Corporation v.
CUSMA Dairy Challenge, Part III: Glass Half Full or Pyrrhic Loss?
On January 4, 2022, the Canada United States Mexico Agreement (CUSMA) Panel on Canada’s Dairy Tariff Rate Quotas (TRQs) released its ruling.[1] The Panel Decides—Both Sides Claim Victory The Panel ruled that Canada’s practice of reserving 85-100% of dairy TRQs for processors violated Article 3.A.2.11(b) of CUSMA. The United States claimed victory, correctly pointing out that the Panel had accepted the U.S. argument on the central issue.
Tips Tuesday - Slaw
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 Small Things Neil Guthrie Small and incorrect, that is. Thank-you: This isn’t wrong when used as a noun (She sent a bottle of wine as a thank-you) or as an adjective (That thank-you bottle was much appreciated). …
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.
Coaching Questions for January: Which Two Will You choose?
January 18 th 2022 Posted in: 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?
Tips Tuesday - Slaw
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. …
Monday’s Mix - Slaw
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. PierreRoy & Associés 2. Paw & Order 3. Appointed podcast 4. Legal Feeds 5.
APEC’s Indigenous Peoples Economic and Trade Cooperation Arrangement (IPETCA)
On December 10, 2021, New Zealand’s Minister of Foreign Affairs and Associate Minister for Māori Development, Nanaia Mahuta, and Minister of Trade and Export Growth, Damien O’Connor, 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] Canada’s Minister of International Trade, Export Promotion, Small Business and Economic Development, Mary Ng, announced Canada’s...
Wednesday: What’s 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.
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.
Religious Exemptions for Vaccinations: The Impact of Amselem
INTRODUCTION With mandatory vaccination policies (some of which are not exactly mandatory because they provide alternatives), those opposed to vaccines have been claiming religious exemptions. When people are dismissive of these claims, others immediately respond, “But what about Amselem?”, the Supreme Court of Canada decision that seems to allow a highly subjective determination of legitimate religious belief.
Legal Aid Reaches a Milestone Providing 1.2 million Duty Counsel Services in Canada
The most recent edition of Legal Aid in Canada by the federal Department of Justice reports that legal aid plans in Canada provided 1.2 million free duty counsel services; to people in-court and in-custody accused in criminal courts, appearing unrepresented in civil courts primarily in family court and at immigration hearings during 2019-2020.[1] The majority of duty counsel services were for criminal matters (86%), with 14% of services provided in civil matters.
Top Court in British Columbia Clarifies Law on Distracted Driving
Written by Daniel Standing LLB., Editor at First Reference Inc. According to Transport Canada, distracted driving happens when the driver’s attention is taken from the road and is focused on something else, like texting, talking to someone in the car or on the phone, eating or drinking, or using the entertainment or navigation system.
Tips Tuesday - Slaw
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 Do Lawyers Read Anymore? Neil Guthrie I fear they do not, as these recent examples of lawyerly prose will suggest: bare with me, you have free rain, he is a real jem. …
CUSMA Dairy Challenge, Part II: Canada v United-States
The United States has taken the next step in its trade dispute with Canada and asked for the establishment of a panel to examine its complaint regarding Canada’s administration of its tariff-rate quotas (TRQ) allocations for 14 dairy products.[1] In its request, the United States Trade Representative (USTR) [2] claims that Canada’s allocation of import quotas exclusively to “producers” violates the terms of Canada’s commitments in the schedule to annex 2-B[3] of the Canada-United...
You Can't Make Me Get Vaccinated...Can you?
While there have always been “vaccine deniers”, or parents refusing to get their children mandatory vaccinations, I don’t think we’ve seen the degree of vehement objection as we have the protests against the Covid-19 vaccines. Yet vaccines have been proved to be the most effective way to bring the coronavirus under control. While there have been “breakthrough” cases of vaccinated people, most recent hospitalizations and deaths have been of unvaccinated people.
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. It’s a summary of all Appeals, Oral Judgments and Leaves to Appeal granted from June 18 – July 16, 2021 inclusive. Appeals Aboriginal Law: Flooding; Equitable Compensation Southwind v.
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