Saskatchewan Case Law For The Sufficiency of An Emoji As Contractual Acceptance

Case Study of Southwest Terminal Ltd. v. Achter Land[1] A case that was released on June 8, 2023 from the Saskatchewan Court of King’s Bench determines, at least within the jurisdiction of the Province of Saskatchewan, an interesting issue for the world of commerce, which is: Can a thumbs-up emoji, in the right circumstances, be legally recognized as a valid form of acceptance of an offer that creates a legal contract? The Plaintiff alleged that the parties entered into a deferred delivery purchase contract on March 26, 2021 in which the Plaintiff agreed to buy and the Defendant agreed to…

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Examining the Efficacy of IRCC’s Use of AI

A recent article[1] discusses how IRCC has begun the process of modernizing Canada’s immigration system by integrating more AI and advanced data analytics. This is at least partly in response to the rising number of applications per year – IRCC making double as many decisions in 2022 than in 2021. As AI is used for more types of applications, IRCC’s position is that this use of technology will “better meet the needs of clients and Canada” including increasing processing efficiency and reducing employees’ workload. IRCC Minister is quoted as saying the decision to accept or reject an application is always…

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Three Major Recent Cases on Land Torts

Explore some important decisions on property-related tort actions Nuisance is a tort that involves someone interfering with someone else’s use or enjoyment of land. A nuisance is generally not actionable unless the interference is unreasonable and the plaintiff suffered some damage.[1] A sister action is based on the rule in Rylands v. Fletcher, which holds a defendant strictly liable (i.e., liable whether or not there was negligence or intent to harm) for damages caused by an escape of something from his/her property that is attributed to a nonnatural use of land.[2] Lastly, there is a statutory cause of action under…

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Tips for avoiding burnout in law

Gain knowledge of helpful strategies If you are a young lawyer, you have probably already heard about the issues of stress and burnout in the legal profession. According to some sources, lawyers experience higher rates of divorce, illness, depression and suicide than other professionals. Some sources of legal workplace stress include: There is a certain amount of conflict that is inherent in any legal dispute. Many are framed as zero-sum games, where one party’s “win” is the other party’s “loss”; Clients whose expectations about the outcome are not reasonable; Competition for jobs/promotions; Unpredictable schedules; Pressure to perform well; or The…

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Tips for young lawyers thinking about leaving practice

Learn more about important factors in this decision There are many reasons a lot of young lawyers are exiting the profession. In her research paper “Leaving Law and Barriers to Re-entry” (2013), professor Fiona Kay identified four categories: 1) establishing and maintaining a work/life balance and desirable daily routine; 2) organization structures; 3) pursuit of other interests; and 4) burnout. Some problems with organization structure with regards to law firms include, for example, how an undue emphasis on profit and billable hours can lead to a stressful work environment, how weak prospects for promotion at a firm can be a…

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What are Long-Term Disability Benefits?

Most common questions and their answers What are long-term disability benefits? Long-term disability benefits provide financial assistance to covered employees or self-employed individuals whose disability prevents them from working. Although there are some general aspects of these benefits, outlined below, the details are always set out in the employee’s insurance policy. Who is eligible for long-term disability benefits? A person is eligible to receive long-term disability benefits if they: are covered under a disability insurance policy; were actively employed when they became unable to work due to disability; have a medical condition that makes them unable to perform the regular…

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What is Occupier’s Liability?

Find out about the action in negligence against owners and occupiers of real property by persons and some recent examples (in grey) 1- General background Occupiers’ liability is the area of law about the duty of care owed by the owners and occupiers of real property (i.e. land) to those who enter their property. This area of law is set out in the Occupier’s Liability Act (“OLA”), R.S.O. 1990, c. O.2, as well as the common law (i.e. case law). An “occupier” of real property is either a) someone who is in physical possession of the premises or b) someone…

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Armstrong v. Royal Victoria Hospital, 2019 ONCA 963 (Can LII); and Armstrong v. Ward, 2021 SCC 1 (Can LII) – Case Comment

An example of medical malpractice and legal analysis In Feb 2010, CW performed on KA a colectomy (a medical procedure that involves removing all of part of the colon), more precisely a laparoscopic colectomy. The surgery appeared to go without incident. However, she developed pain and postoperative problems and it was later learnt that her left ureter had been blocked, causing damage to her kidney, which had to be removed in Oct 2010. KA sued CW for medical malpractice under the theory that the cauterizing device he had used – commercially called a LigaSure – had caused adhesions or scar…

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