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HCCH Monthly Update: April 2024
Meetings & Events From 8 to 12 April 2024, the Working Group on Parentage / Surrogacy met for the second time. Pursuant to its mandate, the Working Group continued its consideration of draft provisions for one new instrument on legal parentage generally, including legal parentage resulting from an international surrogacy agreement. More information isThe European Parliament’s last plenary session & Private International Law
This post was written by BegA1/4m Kilimcio?lu (PhD researcher), Thalia Kruger (Professor) and Tine Van Hof (Guest professor and postdoctoral researcher), all of the University of Antwerp. During the last plenary meeting of the current composition of the European Parliament (before the elections of June 2024), which took place from Monday 22 until Thursday 24 [â¦]Ficticious service still active outside Europe
With the EU Service Regulation being active for more than 20 years, and the Hague Service Convention being ratified by almost all European countries, there is little space for practicing fictitious service of proceedings in Europe. However, for service to third countries outside Europe, and especially to continents, such as Africa, Asia, and the Middle [â¦][Out Now!] New Open Access Book on Corruption and Investment Arbitration: Nobumichi Teramura, Luke Nottage and Bruno Jetin (eds), Corruption and Illegality in Asian Investment Arbitration (Springer, 2024)
CfP: 5th German Conference for Young Researchers in Private International Law (14/15 Feb 2025 in Heidelberg)
On 14 and 15 February 2025, the 5th Conference for Young Researchers in PIL will take place at Heidelberg University. It will be dedicated to the topic of âDigital transformation and Private International Law. Local connections in boundless spacesâ and feature a keynote speech by Christiane Wendehorst (University of Vienna). After statute theory, Savignyan PIL [â¦]Cross-border enforcement of judgments against states a jurisdiction-by-jurisdiction guide
TheApplication of Singaporeas new rules on service out of jurisdiction: Three Arrows Capital and NW Corp
Application of Singaporeas new rules on service out of jurisdiction: Three Arrows Capital and NW Corp The Rules of Court 2021 (aROC 2021a) entered into force on 1 April 2022. Among other things, ROC 2021 reformed the rules on service out of jurisdiction (previously discussedCall for papers workshop Collective Actions on ESG
For a workshop on collective actions on ESG toics that will take place in Amsterdam on 21 and 22 November 2024 a call for paper has been posted, deadline 1 July 2024. As a follow-up from the 4th International Class Action Conference in Amsterdam, 30 June â 1 July 2022, the University of Amsterdam, Tilburg [â¦]Pax Moot Court and Half day conference on Dispute Resolution in Private International Law
On Tuesday 23 April theNo role for anti-suit injunctions under the TTPA to enforce exclusive jurisdiction agreements
Australian and New Zealand courts have developed a practice of managing trans-Tasman proceedings in a way that recognises the close relationship between the countries, and that aids in the effective and efficient resolution of cross-border disputes. This has been the case especially since the implementation of the Agreement on Trans-Tasman Court Proceedings and Regulatory Enforcement, [â¦]Law Firm Failures a the New Normal?
Legal service is a business. Run it that way. Many law firms are successful by accident.
Anyone who knows anything about traditional law firm structures knows they are perilously fragile. It doesnat take much to bring them down.
Up until this latest debacleathe 2024 collapse of Minden GrossaCanadaas highest-profile law firm failures were Heenan Blaikie in 2014, Goodman and Carr in 2007, and Holden Day Wilson in 1996.
Canadian law firms are not alone in this plight. For exampleaand this is only a small samplingalawyer exits and merger failure brought down U.S.-based Stroock & Stroock & Lavan at the end . . . [more]
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Dealing With a Breach of a Court Order
When a party fails to abide by an interlocutory court order, there can be several consequences. For instance in Ontario, Rule 60.12 of the Rules of Civil Procedure states that ââ¦the court may, in addition to any other sanction provided by these rules, (a) stay the partyas proceeding; (b) dismiss the partyas proceeding or strike out the partyas defence; or (c) make such other order as is just.â
In the recent case, Buduchnist Credit Union Limited v. 2321197 Ontario Inc., 2024 ONCA 57 at para 53, the Ontario Court of Appeal reaffirms that the courtâs discretion to respond . . . [more]
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Delays in Access to Justice and Memories
Everyone is the poet of their memories. ⦠But like the best poems, theyâre also never really finished because they gain new meaning as time reveals them in different lights.
Richard Hell
The resolution of disputes does not always depend on the memories of parties or witnesses, but when credibility is at issue the memories of actions can be a critical part of resolving disputes. The more we learn about how memories are formed, and more importantly, how they are retained, the more we should have real concerns about the ability of decision-makers to assess credibility of testimony of events . . . [more]
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Awakening the Sun
I recently read about an interesting concept about reframing oneas point of view. It stated that if you wake up with the sun, you are still asleep. However if you awaken the sun, then you are truly awake.
I had to read it a few times to actually understand itas meaning, but then I realized that what this means, is that the way our day develops is completely up to us.
If we set an intention for the day to unfold in a calm and peaceful manner, knowing that we are fully capable of dealing with whatever challenges may arise, . . . [more]
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Tips Tuesday: Use the Verbatim Option in Google
You may have noticed that Google has changed its search results so that they now include words related to those in your search string. While this can be helpful, sometimes it means that the search results are not what you really wanted.A One way of forcing Google to return only the words you are searching for is to put quotation marks around the words or phrases you want. Another way is to use Googleas verbatim option.
To use the verbatim option, go to the Tools option on the Google search page. Click on All Results and then select Verbatim. . . . [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 Global Workplace Insider 2. Vancouver Immigration Law Blog 3. Le Blogue du CRL 4.A Canadian Appeals Monitor 5. The Treasureras Blog
Global Workplace Insider
La Cour suprAame du Canada tranche : les cadres ne pourront se syndiquer au QuA(c)bec
Le 19 avril dernier, la Cour suprAame du . . . [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) : Lâappel de la dA(c)claration de dA(c)linquant dangereux prononcA(c)e A lâendroit de lâaccusA(c) est rejetA(c), et ce, bien que le juge de premiA"re instance ait mal A(c)noncA(c) lâA(c)tat du droit et que la structure du jugement de dA(c)termination de la peine soit critiquable; la Cour nây voit aucune . . . [more]
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Book Review: Big Data
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. Big Data. Edited by Benoit Leclerc & Jesse Cale. Abingdon: Routledge, 2020. 148 p. Includes illustrations, bibliographic references, and index. Criminology at the Edge series. ISBN 9781138492783 (hardcover) $136.00; ISBN 9781032336992 (softcover) $42.36; ISBN 9781351029704 (eBook) $42.36.
Reviewed by Matthew Renaud
Law Librarian,
E.K. Williams Law Library, University of Manitoba . . . [more]
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Governance Reform and Lawyer Independence in Canadian Legal Regulation: Examining British Columbiaas Bill 21
Earlier this month, the government of British Columbia introduced Bill 21, the Legal Professions Act. This bill amalgamates the Law Society of British Columbia and the Society of Notaries Public of British Columbia into a new corporation, Legal Professions British Columbia (LPBC), while also creating a licensing and regulation structure for paralegals. It could be the most consequential development in Canadian legal regulation in more than 100 years. The British Columbia legal professionas leading organizations (the Law Society, the Canadian Bar Associationas BC branch, and the Trial Lawyersa Association of BC) strongly oppose Bill 21, with the . . . [more]
The post Governance Reform and Lawyer Independence in Canadian Legal Regulation: Examining British Columbiaas Bill 21 appeared first on Slaw.
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]
The post BC Court of Appeal Recognizes the Myth of False Allegations of Intimate Partner Violence 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 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]
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) : La juge de premiA"re instance nâa pas errA(c) en dA(c)terminant que la caractA(c)ristique dominante de la poupA(c)e en silicone que possA(c)dait lâaccusA(c) est une reprA(c)sentation des organes sexuels et de la rA(c)gion anale dâune 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:
- Director of Policing, Oversight and Accountability | Head Office in Westbank or any Indigenous Justice Centre, Canada
(BC First Nations Justice Council) - Family LawyerA (Full-time) | Chilliwack, BC
(Waterstone Law Group LLP) - AccountantA (Full-time) | Chilliwack, BC
(Waterstone Law Group
. . . [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 employerâs 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 tribunalâs decision.
Background
The workplace was a provincially run rapid transit company. The Court considered a unionâs 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]
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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] The post Sharenthood: Turning Childhood Into Lucrative Content appeared first on Slaw.
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