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Christmas Books: 14 Books to Read This Holiday Season

It’s time to decide what Christmas books to read this holiday season! The holiday season is upon us once again. I like to theme my reading, so every year I pick a Christmas book to read for the month of December. This year, as I was contemplating which Christmas book to read for 2023, I […]

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The WOOP Method – A Scientifically Proven Method to Achieve Your Goals

WOOP is a research-based method you can start applying right away to achieve your goals. WOOP is an acronym that stands for Wish, Outcome, Obstacle, Plan. It’s a method for achieving goals, setting preferences, and changing habits that is based on 20 years of sccientific research in the science of motivation. The WOOP method was […]

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5 Scientific Ways to Be Happier – Tips from Yale University

You can increase your happiness by applying practices from the science of happiness. I came across an online course from Yale University–an Ivy League research university in New Haven, Connecticut–on “The Science of Well-Being“. It’s taught by Professor Laurie Santos, and it became the most popular class ever taught at Yale. I took the course […]

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3 Must-Read Books by Ancient Roman Philosophers

Although often overshadowed by the Ancient Greeks, the Ancient Romans also had a rich culture and produced many must-read books. As Iave mentioned before on this blog, one of my goals in life is to be well-read. I’m making a list of the books I feel that I need to read to achieve that goal, […]

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9 Ways to Cure Wanderlust When You Can’t Travel

What do you do when you want to travel, but can’t? People love to travel for many reasons. Here are some of them: We crave knew experiences. We may have read, or heard, of a place that sounds like it would be fantastic to visit. We want to discover new ways of doing things and […]

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How to Increase Your Goal Commitment to Achieve Anything You Want

You need unwavering commitment to achieve your goals. A while back I wrote a post on Ten Must-Watch TED Talks for lifelong learners. One of the talks that I highlighted in that post was by Connor Grooms. Grooms is a young man who learned to speak Spanish in a month. In his talk, Grooms explains […]

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How to Cope When Things Are Tough: Coping During COVID-19

Being able to cope during hard times, such as these, is an invaluable skill. Life moves in cycles. Sometimes weare up, and sometimes weare down. The upcycles are great, but the downcycles can be difficult to deal with. Unfortunately, due to COVID-19, humanity is currently going through a downcycle. This makes the question, aWhatas the […]

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12 Fun Things to Do At Home

There are plenty of ways to have fun even if you have to stay at home. It’s mid-March, and the world finds itself in the throes of a pandemic. If there’s one thing that most experts agree on when it comes to the best way to stay safe from the COVID-19 virus, it’s that we […]

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How You Sabotage Your Ability to Learn (and How to Stop)

Stop self-sabotaging your learning efforts. Iam a weightlifter. One of the most difficult weightlifting exercises to perform properlyaif not the most difficultais the barbell back squat. This is for several physical reasons, including the following: In order to squat properly you must have good flexibility and mobility. This includes ankle mobility, hamstring mobility, hip mobility, […]

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How to Pick Yourself (Instead of Waiting for Others to Pick You)

Stop waiting to be picked. Pick yourself. Author, marketing expert, and entrepreneur Seth Godin explains that weare taught since we were kids to wait to be picked. When we want something, we wait to get permission from those who are in a position of authority: the Human Resources Director, the publisher, the record label manager, […]

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Effective Use of Visual Aids in Mediation

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 communication.

Through technology, counsel can now utilize a variety of demonstrative aids . . . [more]

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BC Court of Appeal Recognizes the Myth of False Allegations of Intimate Partner Violence

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 . . . [more]

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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 Dooreyas Workplace Law Blog 2. Lash Condo Law 3. Canadian Appeals Monitor 4. Family LLB 5. Avoid a Claim

Dooreyas 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 . . . [more]

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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) : La juge de premiA"re instance n’a pas errA(c) en dA(c)terminant que la caractA(c)ristique dominante de la poupA(c)e en silicone que possA(c)dait l’accusA(c) est une reprA(c)sentation des organes sexuels et de la rA(c)gion anale d’une enfant dans un but sexuel, ce qui constitue du matA(c)riel de pornographie juvA(c)nile . . . [more]

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Remembering Attorney General Roy McMurtry

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 athe kitchen accorda 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 same-sex marriage.

Because McMurtry . . . [more]

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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, orA learn how you can use Slaw JobsA to gain valuable exposure for your job ads, while supporting the great Canadian legal commentary at Slaw.ca.

Current postings on Slaw Jobs:

. . . [more]

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The Lack of Protection for Non-Denominational Identity: The Webber Academy Case

INTRODUCTION

Webber Academy (or athe schoola), a private educational institution in Alberta, defined itself as non-denominational: it did not engage in any overt religious practice (with one possible and qualified exception). Yet, after two Alberta Human Rights Commission (AHRC) decisions, two Queenas Bench (as it then was) (QB) judgements, two Court of Appeal (CA) rulings and two denial of leaves to appeal by the Supreme Court of Canada (SCC), it was held to have discriminated without justification against two Muslim students whom it prohibited from engaging, on school property, in overt prayers. How did this happen? And what does it . . . [more]

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Missing Discussions at Center of Union COVID Dispute

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 decision by the British Columbia Labour . . . [more]

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Thursday Thinkpiece: Internationally-Trained Lawyers Need More Than Just NCA Exams

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 verya| Canadian.

While weare all aware that there are substantive differences between Canadian law and the law of other jurisdictions, itas much easier to forget that the practice of law varies just as much from nation to nation. Thereas 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 . . . [more]

The post Thursday Thinkpiece: Internationally-Trained Lawyers Need More Than Just NCA Exams appeared first on Slaw.


R. v. Bykovets: SCC Recognized Privacy Rights for IP Addresses

In R. v. Spencer[1] the Supreme Court of Canada held that a reasonable expectation of privacy attaches to subscriber information a the name, address, and contact information a 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 processed the suspect transactions. . . . [more]

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Sharenthood: Turning Childhood Into Lucrative Content

In the 1920s, Jackie Coogan became one of Hollywoodas first child stars after playing the titular role of aThe Kida alongside Charlie Chaplin. Having starred in several box office successes, Cooganas childhood career had earned him an estimated $4 million (roughly $62 million today). When Coogan tried to access his earnings in his 20as, 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 actorsa earnings until they reached adulthood and to protect them from abuse and exploitation. The Coogan . . . [more]

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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) : Dans le cadre de l’affaire du meurtre de Guylaine Potvin, le tribunal dA(c)clare recevable le tA(c)moignage d’une biologiste judiciaire A titre de tA(c)moin expert concernant l’utilisation du nouvel outil d’enquAate dA(c)signA(c) comme le A<> et ses rA(c)sultats.

IntitulA(c) :A R. c. Grenon, 2024 QCCS 551
Juridiction . . . [more]

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Blaming Victim of Sexual Harassment Not a Good Defence

Written by Christina Catenacci, BA, LLB, LLM, PhD, Content Editor, First Reference Inc.

In January 2024, a British Columbia labour arbitrator had no hesitation concluding that an employee, who was the grievor accusing a female colleague of sexual harassment in this case, was actually the one who was sexually harassing the female colleague. Simply put, the arbitrator found that the grievor’s evidence was not credible, the female colleague’s account was credible and consistent with the evidence, and the female colleague did not do what the employee accused her of. As a result, the labour arbitrator agreed with the employer that . . . [more]

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Democratizing Justice, Whose Problem Is It?

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 peoplesa 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 health care the reasons are obvious although the realization seems to be falling short. In justice democratization . . . [more]

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What if Access to Justice Was Never Going to Lead to Poverty Alleviation?

I recently read that when legal aid was first developed in the United States in the 1960s, its primary goal was alleviation of poverty rather than access to counsel. However, over time, some stakeholders, mostly on the conservative side of the political spectrum, expressed concern that this was an inappropriate goal for public policy. This led people working in the legal aid sector to rebrand their initiatives as access to justice.[1] The primary difference between framing initiatives as “access to justice” as opposed to “alleviation of poverty” being that access to justice has a goal of improving the legal system . . . [more]

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The Court of Owlsa| and Other Things That Mean Different Things to Different People

Note: In this article, the term aculturea is used broadly and is intended to mean anything and everything related to oneas customs, beliefs, behaviours and habits attributable to the make-up of who they are. It embraces the concept introduced to the writer by legendary professor Michelle LeBaron which appreciates that each individual person subscribes to several different cultures. Any one person may have a cultural component of themselves attributable to their age, surroundings, work, etc.

Afsana Gibson-Chowdhury is the founder of Gibson Chowdhury, Clear Collaborative Mediation and a renowned advocate for equity, diversity and inclusion among legal, dispute resolution and . . . [more]

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Anticipating AI-Generated Law Journal Submissions

Last week, I was asked to provide a peer-review of an article submission to a law journal.

After reviewing it thoroughly, I began to suspect that at least some of the content may have been AI-generated.

What Gives?

First off, there were at least two citations that led to dead ends. By now we all know this is a dead give away.

Second, there was little to no language linking paragraphs together. So there might have been two or three paragraphs written on a distinctive topic, but no language to alert the reader that a new topic was about to . . . [more]

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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. IFLS at Osgoode 3. Employment & Human Rights Law in Canada 4. Barry Sookmant 5. Meurrens on Immigration

PierreRoy & AssociA(c)s
ResponsabilitA(c)s daadministrateurs daentreprise : ce que vous devez savoir

Si vous Aates laadministrateur daune entreprise aux prises avec des difficultA(c)s financiA"res, vous . . . [more]

The post Mondayas Mix 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) : Dans une affaire de violence conjugale et postconjugale, la juge de premiA"re instance a commis 2A erreurs de principe en omettant d’A(c)valuer correctement le risque que l’imposition d’une peine avec sursis A l’accusA(c) poserait pour la collectivitA(c); une peine d’emprisonnement de 6A mois est substituA(c)e aux 10A . . . [more]

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Environmental Regulation Is Not “Constructive Expropriation”

On April 4, 2024, the Alberta Court of Appeal released its decision in Altius Royalty Corporation v Alberta, 2024 ABCA 105 (CanLII).

The appellants own a royalty interest in a coal mine. In 2014 they acquired royalty interests in the Genesee coal mine. This coal fuels the Genesee power plant in Alberta.
By 2012 federal performance standards, the end of life of the three coal-fired plants was determined to be 2039, 2044 and 2055 (para 3).

They claim their interest was constructively expropriated (paras 2 and 5) when the government of Canada amended the regulations to require the . . . [more]

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