Legal Research

New Journal Issues- March 2019

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By Sara Stanley, Library Technician

National Insolvency Review
Volume 36, Number 1 (February 2019)

Concordia: Novel Features in a CBCA Restructuring / Kevin J. Zych, Sean Zweig, and Preet K. Bell
New Judgement Clarifies When Bankruptcy Debt May Be Declared Non-Releasable / Oussim Tadlaoui

Canadian Journal of Family Law
Volume 31, Number 2 (2018)

Married Couple, Single Recipient: Understanding the Exclusion of Gifts and Inheritance from Default Matrimonial Regimes / Laura Cárdenas

Moral Evils v Health and Safety Evils: The Case of an Ovum “Obtained” from a “Donor” and Used by the “Donor” in Her Own Surrogate Pregnancy / Pamela M. White

Prestation Compensatoire Et Union De Fait En Droit Québécois : Étude Critique Du Discours Judicaire / Laurence Saint-Pierre

(Some) Mother Know Best: A Case Comment on MM v TB and the Plight of Indigenous Mothers in Child Welfare and Adoption Proceedings / Catherine Wang

Book Review: The Family in Law, Archana Parashar and Francesca Dominello / Mary Jane Mossman

The Advocates’ Quarterly
Volume 49, Issue 3 (February 2019)

The Editor Thinks / Ted Matlow

Reinventing Health Law: The Elusive Search for the Centre / Yola S. Ventresca

Humdrum Becomes a Headache: Lawyers Notarizing Organized Pseudolegal Commercial Argument Documents / Donald J. Netolitzky

A Purposive Approach to Privilege in the Context of Internal Investigations / Gerald Chan and Carlo Di Carlo

Beyond the Shadows of the Past: Eve and Medical Sterilization Reconsidered / Yola S. Ventresca

In the Bramble Bush: Implied Consent to Possession of a Motor Vehicle / Joshua J. A. Henderson and David Bierstone

Trust as a Factor in Designing Effective Mediation Processes / Shannon Moldaver

1704604 Ontario Ltd. v. Pointes Protection Association: Anti-SLAPP Motions – the Ontario Court of Appeal Points the Way / Taylor Hudson

Estates, Trusts & Pensions Journal
Volume 38, Number 2 (February 2019)

The Regulation of Ontario Retirement Homes: A Primer for Elder Law Advocates in Ontario / John Risk and Heather Hogan

The Increasing Exposure of Retirement Savings to Derivative Instruments / Scott McEvoy

Rights of Surviving Spouses on Death in Canada / Marni M.K. Whitaker

Conjugal Succession Rights in British Columbia and the Yukon / Amy Francis

Comparing Common Law and Marriage Succession Rights in Alberta / Nancy L. Golding

Spousal Succession Rights upon Death in Saskatchewan / Kimberley D. Visram

Entitlements of a Surviving Spouse in Manitoba / Gwen Muirhead

Rights of Married and Common Law Spouses in Ontario on Death / E. Llana Nakonechny and Zahra Taseer

McGill Law Journal
Volume 63, Number 2 (December 2017)

Law Enforcement Access to Encrypted Data: Legislative Responses and the Charter / Steven Penney and Dylan Gibbs

Origines et évolution du droit québécois de l’absence : de l’existence incertaine aux présomptions de vie et de mort / Étienne Cloutier

Le concept d’autonomie dans l’arrêt Carter c. Canada : Au-delà du libre-choix / Karine Millaire

Cabinet Immunity in Canada: The Legal Black Hole / Yan Campagnolo

Expanding the Parameters of Participatory Public Law: Right to Public Participation and the State’s Duty of Public Consultation / Mary Liston

Toward the Unity of Constitutional Value- Or, How to Capture a Pluralistic Hedgehog / Mark D. Walters

The Advocate
Volume 77, Part 2 (March 2019)

On the Front Cover: Caroline Nevin / Kerry L. Simmons

The Welcome Demise of the Fresh Consideration Rule in British Columbia / Thomas A. Posyniak

The Law of Causation: A Cause of Some Confusion / Kimberley A. Knapp

Second Annual Westminster County Bar Association’ Golf Tournament / Richard Molstad

Presentation Made to the Legal Aid Committee of the CBABC November 2018 Legal Aid Colloquium / Richard Peck

Health Law in Canada
Volume 39, Number 3 (March 2019)

Editorial / Rosario G. Cartagena

Fairness or Flaw? Ontario PHIPA Orders and Issue Estoppel in Privacy Breach Cases / Scott Robinson

A Brief History of Regulating Assisted Human Reproduction in Canada / Maria Aurora Nunez

National Creditor Debtor Review
Volume 34, Number 1 (March 2019)

Supreme Court of Canada Decision in Redwater: Early Implications / Melanie Gaston, Janice Buckingham, and Emily Paplawski

Receiver Gets Rapped: A Case Comment on Jaycap Financial Ltd. v Snowdon Block Inc. [2019] A.J. No. 134, 2019 ABCA 47 / Josef Krüger, Robyn Gurofsky, and Miles Pittman

Canadian Business Law Journal
Volume 61, Number 3 (March 2019)

Bank on It: Bank Act Restrictions on Use of the Terms “Bank” and “Banking”, A Case Study on Institutional vs. Functional Financial Services Regulation / Christopher C. Nicholls

Security Interests and Builders’ Liens: Two Solitudes or Complementary Systems? / Ronald C.C. Cuming

Protecting Low-Income Consumers: The Regulation of Rent-to-Own Stores / Gail E. Henderson and Lauren L. Malatesta

The Constitutional Validity and Applicability of the Seizure Provisions of the Securities Transfer Act / Elizabeth Edinger

Employment Lawyers – Check This Out!

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By Ken Fox, Reference Librarian

The Law Society Library is pleased to announce that, in cooperation with Thomson Reuters, we have added EmploymentSource to our WestlawNext platform, which now includes:

  • Criminal Source
  • Employment Source
  • Estates & Trusts Source
  • Family Source
  • Labour Source
  • Law Source
  • Canadian Encyclopedic Digest
  • Canadian Abridgment
  • Index to Canadian Legal Literature

All Saskatchewan lawyers can access these services through the Member Resource Section – look for the WestlawNext Canada heading and the list of direct links to the services which follows.

What does EmploymentSource include?

Well, first and most importantly, it includes up-to-date editions of the following online texts:

  • Canadian Employment Law (Ball)
  • Canadian Health and Safety Law (Keith)
  • Employee Obligations in Canada (D’Andrea)
  • Illness and Disability in the Workplace (D’Andrea)
  • Law of Dismissal in Canada, 3rd Edition (Levitt)

It includes all issues of Levitt’s Dismissal and Employment Law Digest, and an Employment Bulletin, to which new items are added from time to time.

Under Finding Tools, there is a Wrongful Dismissal Quantum Service. So if I enter the term “harassment” in the search, I get a full report on notice periods related to that concept, replete with tables, graphs, and case digests with links to full-text judgments.

Also under Finding Tools, you will find A-Z indices to the all of the above-mentioned online textbooks. The texts are searchable, of course, but there are still situations where an old-school index will get you where you need faster than a search.

What does EmploymentSource exclude?

Yes, unfortunately, we are not able to offer you the full range of titles on display on the EmploymentSource home page. Specifically, we currently don’t have access to any of the texts listed under the heading “eLooseleafs on ProView.” If you see a title or two among those, or anything else, that you think we should invest in, please let us know!

Reminder: Check Us Out on SlawTips

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For the last two years, some of the best legal research and technology tips from our Legal Sourcery team have also been featured on SlawTips. Every Tuesday, Wednesday and Thursday, SlawTips features advice you can use on technology, practice and research. If you want to receive these tips directly, you can sign up with email or RSS, and you can follow @SlawTips on Twitter. Excerpts also appear each Tuesday on Slaw.ca for the week’s most recent entries.

Recent SlawTips include:

How to Save a Specific Paragraph from a Decision from CanLII on Lexbox

The Verb Summons: A ‘Horrible Expression’?

Printing Clean Versions of Web Pages

A full list of all 125 of our legal research tips so far can also be found under the ‘Tip of the Week’ category on the right hand side of our blog or by following this link. Our technology tips are listed under ‘Technology’ or can be found here.

Public Access to Legal Information

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By Alan Kilpatrick

The Law Society Library is open to the public. We are a strong supporter of access to justice and improved access to legal information in Saskatchewan.  We encourage you to visit our library and take advantage of our print resources and expertise.

Members of the public are welcome to use our print resources during regular business hours.  However, we are not a public library and cannot lend materials out to the public.  You can browse our Library Catalogue online here.

We carry thousands of current legal textbooks, loose leafs, encyclopedias and dictionaries, as well as collections of print statutes and regulations, forms and precedents, and law reporters.  Our collection is a great source of legal information as it comprehensively covers every area of Canadian law. It is a valuable starting point for someone looking to obtain information about the law.

Our staff is ready to provide the public with basic legal information assistance in person, over the phone, and via email. We can teach you about conducting basic legal research, suggest resources for further learning, and, when necessary, make referrals to the appropriate organizations that provide legal advice.

Our self-service photocopiers in the Regina and Saskatoon Libraries are available to the public:

  • Copies are $0.25 per page plus GST
  • All copies are bound by restrictions under the Copyright Act
 What we can do for the public:

 

• Locate statutes, regulations or cases in print or online, as well as other materials in our collection.

• Help you learn to use the most useful online resources.

• Suggest resources for further research

Make referrals to other legal service organizations in Saskatchewan

What we can’t do for the public:

 

• Provide legal advice or offer opinions on legal matters.

• Select statutes, regulations or cases for a specific situation, or interpret the meaning of them.

• Describe how to file a document or which document to file.

• Comment on how to proceed with court actions

 Our Contact Information

Please do not hesitate to contact or visit us for assistance:

  • Regina Library: 306-569-8030

Toll free: 1-877-989-4999

2425 Victoria Avenue

  • Saskatoon Library: 306-933-5141

Toll-free: 1-888-989-7499

520 Spadina Crescent East

Hours: Monday to Friday 9:00 am – 12:00 noon; 1:00 pm – 4:00 pm

Evenings and weekends – closed

Holidays – closed


 Sources

Some of the text was adapted from the 2016 Public Services Flyer developed by former Law Society staff member Kelly Laycock.

Foundations of the Common Law Library (1215-1914)

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By Ken Fox

Let’s talk about Legal Information Institutes (LIIs). Every Canadian legal researcher knows about CanLII (I least we hope you do). But there is also LII (that’s the USA one), BaiLII (Britain and Ireland), AustLII (Australasia), AsianLII, HKLII (Hong Kong), PacLII (Pacific Islands), SAFLII (Southern Africa), WorldLII, and many others, all of which are part of the larger Access to Law Movement.

LIIs provide free access to current, primary law in their jurisdiction. But they do not always contain comprehensive collections of historic materials (in all cases, I assume, they are working on it). In the English-speaking world, the most earnest attempt to fill in the historical gaps is CommonLII, which covers the world of common law (assuming there is a high correlation between commonwealth countries and common law countries, that is).

Recently, CommonLII enhanced their historical vision with the Foundations of the Common Law Library (1215-1914). No, 1215 is not a typo. In addition to the Magna Carta, the site includes many obscure statutes from the thirteenth century and forward, including, for instance, the Treason Act of 1351.

The collection of English Reports goes back to 1220, but seems a bit patchy when compared to the statute law, as there are hundreds of cases tagged January 1220, but then nothing more until the year 1457. Despite being “reports,” many of these records are no more than what we would today call summaries or digests – an example from 1491:

Conusee. –A man had lands of ancient demesne in extent for debt, and they were recovered from him by the sufferance of the vouchee, whereby he was ousted ; in this case he shall be holpen here. Morton, Chancellor ; per Assent, Bryan, and Hussey, Justices (7 H. 7. 11 [1491-921).

It might require a historical legal scholar to determine in what way the debtor was “holpen” (helped) in this case, but it appears that people in 1491 got themselves into similar situations that many of us do in the 21st Century.

“Foundations” is perhaps an overused metaphor. Is the modern law really built upon these judgments, in the way that a courthouse is built upon concrete footings? In reviewing the above ruling and a few others, I am more inclined to think of them as the infancy of the common law. The law was smaller, simpler, and by appearances, more innocent. The modern law grows out of it, rather than resting upon it. In any event, to invoke yet another overused metaphor, this is the fresh spring that over time will become the mighty river that is the common law.

What else does this collection include? It’s a bit of a mixed bag. In the case of Canada, it includes only a link to the complete Supreme Court of Canada judgments on CanLII. For Australia, who led in the development of CommonLII, there are law report series for all provinces, each going back to the 19th Century or earlier. There are also collections for Uganda, Southern and Western Africa, Hong Kong, Burma, India, Pakistan, Sri Lanka, Jamaica, Bahamas, and ever other country in the Commonwealth with a significant collection of reported case law.

So the next time you see a citation for a very old British judgment, or one from any common law jurisdiction, or you just feel like exploring the cracks and fissures in the footings beneath modern jurisprudence, remember to revisit CommonLII.org and return to the Foundations.

Using Abridgment Topics to Refine Citing References in WestlawNext – Tip of the Week

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By Ken Fox

WestlawNext Canada, which is presently available to all Saskatchewan lawyers through The Law Society’s Member’ Section, includes an excellent Citing References tool. Today’s tip will help you in situations where you are dealing with a long list of citing references for a major case. My example relates to evidence law, but the technique will work with any legal topic.

I’ve recently learned that the law of evidence mostly originates in criminal law, and is transplanted, as needed, to civil law. Thus, most of the citations in Cudmore’s Civil Evidence Handbook are criminal cases. So, if you are a civil litigator, you may wonder from time to time how a criminal law authority on evidence has been applied in civil matters.

Take, for example, R. v. Cloutier 1979 CarswellQue 15, a case that rules that there must be a probative relationship between a fact introduced as evidence and the facts at issue in the matter. Start by pulling up that case in WestlawNext. Now find the Citing References tab and select “Cases and Decisions.” There are 207 references, and at a glance, most of them are criminal cases.

Is there an easy way to filter out the criminal case, and view the civil ones?

Look at the left-hand panel of the results screen. First, make sure you are only viewing Cases and Decisions, not all document types. Most of the filters are exclusive to case law. Going down the screen, you should see “Search within results,” Date, Depth of Treatment, Jurisdiction, Court Level, Treatment Type, Abridgment Topics, and Citation Frequency. Any of these can be used to limit the results to parameters of your choosing.

Note that the search runs immediately as you select a parameter unless you press the “Select Multiple Filters” button – which allows you to choose more than one filter at a time. Most of the time it is best to choose a single filter and see what the results are before adding another.

For the present example, the filter we want is “Abridgment Topics.” Go ahead and press the “Select” button beneath that heading.A box appears listing possible Abridgment Topics in alphabetical order. When you select a topic, it appears in the right-hand panel of the box under the heading “Your Selections.” In this case, you might select only Civil Practice and Procedure, or to get a broader range of non-criminal cases, you could select a few other topics as well.

Then click the “Filter” button at the bottom of the box. With only Civil Practice and Procedure selected, we go from 207 hits to 15, a very manageable number – and likely to give us a good look at how that evidence rule has been applied in civil courts across Canada.

But don’t forget you have many other possible filters to work with – you can limit the results to recent cases, Saskatchewan cases, higher court cases, depth or type of treatment, any number of other Abridgment topics, or any combination of the above. So play around, but always being aware what each filter does to your results before adding more.

For research advice and assistance, contact the library.