Canada’s online legal magazine.

Monday’s Mix

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. Eloise Gratton 2. Administrative Law Matters 3. Robichaud’s Criminal Law Blog 4. Double Aspect 5. David Whelan

Eloise Gratton
Our comments in response to the OPC Notice of consultation on new mandatory breach reporting guidance

Brad Freedman, François Joli-coeur and I have submitted comments on October 2,

. . . [more]
Posted in: Monday’s Mix

Right to Be Forgotten Referred to Federal Court

The professed right to be forgotten, now placed on the global stage with The EU General Data Protection Regulation (GDPR) and scrutiny by the Court of Justice on extraterritorial application, may finally get some judicial ruling on the matter in Canada.

This week, the Office of the Privacy Commissioner of Canada announced they have filed a Notice of Application to the Federal Court to weigh in on the many challenges around implementing this right under Personal Information Protection and Electronic Documents Act (PIPEDA),

In particular, the reference asks whether Google’s search engine service collects, uses or discloses personal information in

. . . [more]
Posted in: Substantive Law, Technology: Internet

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.

PÉNAL (DROIT) Un employeur déclaré coupable de l’homicide involontaire de son employé, décédé à la suite de l’effondrement d’une tranchée dans laquelle il travaillait à réparer un égout, se voit imposer une peine de 18 mois de détention assortie d’une probation de 3 ans.

Intitulé : R. c. Fournier, 2018 . . . [more]

Posted in: Summaries Sunday

Empirical Analysis of What to Expect From Kavanaugh’s First Term on U.S. Supreme Court

Now that the very messy and nasty nomination process for US Supreme Court Justice for Brett Kavanaugh has ended, many observers are wondering what kind of judge he will be.

SCOTUSblog, the American blog devoted to all things relating to the United States Supreme Court, has published a statistics-based article on What to expect from Kavanaugh’s first term:

The tense waiting is now over as Justice Brett Kavanaugh was confirmed to the Supreme Court on October 6, 2018. One of the big stories about Kavanaugh has been his low rate of public approval. This low rate of approval was

. . . [more]
Posted in: Justice Issues, Substantive Law: Foreign Law

Workplace Accident Is Not Enough to Prove Employer Committed General Duty Offence Under OHSA

Following a fatal workplace accident, the Alberta Court of Appeal provided a more comprehensive framework for the actus reus requirement of the general duty provision in Alberta’s Occupational Health and Safety Act (OHSA) and clarified that the mere occurrence of a workplace accident does not prove the employer committed a violation.

Fatal workplace accident – Did the employer violate its “general duty” to ensure the health and safety of an employee?

During a “tripping out” procedure on December 20, 2010, at an employer’s drilling rig, an employee suffered a workplace accident and died from blunt cranial trauma and multiple cranial . . . [more]

Posted in: Case Comment, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions

The First Step Is Admitting We Have a Problem

Is there one right way to research the law?

No.

Do most of us know the best? the most? or even a handful of useful search strategies? Almost certainly not, according to a few recent studies. As one of those studies highlight, even those who do probably aren’t sharing strategies in any event. These studies paint the picture of a profession that plops a few words into a single search engine, relies heavily on the machine to sort the results returns, and then stops looking within a few minutes having grabbed a few documents that look useful.

There are valuable . . . [more]

Posted in: Legal Information, Legal Information: Libraries & Research, Legal Publishing

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. R v Watson, 2018 ABQB 832

[37] Further, in my view, the automatic one year suspension to which Mr. Watson has been subject should be subtracted from the mandatory minimum prohibition that would otherwise be imposed. To fail to do so would be to inflict a form of double punishment on him. One must presume that this was not Parliament`s intention; . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Procrastination Breakthrough – Tips From a Lawyer Coach for Getting Into Action

Hello, my name is Allison, and I am a procrastinator. I procrastinate and so does everyone I know. Not only do we all procrastinate, but we beat ourselves up about it too.

I’m such a loser – but I just can’t handle doing that right now

I know I’m not getting to it – I’m a failure as a lawyer

What’s wrong with me? Why can’t I just do it?!!

I am going to let you in on a little secret from my coaching practice: I have learned that procrastination isn’t stupid, it’s smart.

We procrastinate for good reason.

Surprisingly, . . . [more]

Posted in: Practice of Law

What Was the Second Line at ClioCloud9?

It’s Thursday evening in New Orleans, Oct 4, halfway through the Clio Cloud Conference. Following Jack Newton’s opening keynote it’s easy to tell we’re on the front lines of legal tech. Some solid intel :

  • Lexicata and Clio GrowLos Angeles-based Lexicata — a client intake and CRM tool that’s optimized to work as an integration with Clio — has been acquired by the ambitious British Columbia-based legal tech company and conference host. The move effectively grows the practice management tool beyond its base fitness to deal with active client files and practice management (time keeping, document management,
. . . [more]
Posted in: Justice Issues, Technology: Office Technology

Tips Tuesday

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

Has an Act Come Into Force?
Susannah Tredwell

While some acts come into force on Royal Assent, many require Proclamation or an Order in Council to do so. A number of provinces publish tables that let you see if a specific act has been proclaimed…

Technology

Use an Email Recall System That Actually Works
Luigi Benetton

People who try to recall an email after they’ve sent . . . [more]

Posted in: Tips Tuesday

“Boring Game Changers” to Improve Your Practice

I have attended my share of legal tech conferences in the last few years (as we all do), and I couldn’t help but notice that in comparison with events from, say, 5 years ago, many of them didn’t have any actionable content for attendees. The audience (lawyers, by a large majority) was sent home at the end of the day feeling like there was nothing left to do but watch the (AI, blockchain, you name it) train pass.

Yet, I’m a firm believer that there is still a lot of room for significant productivity improvements in a fairly traditional legal . . . [more]

Posted in: Legal Technology

Monday’s Mix

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. Global Workplace Insider 2. Employment & Human Rights Law in Canada 3. First Reference 4. Lash Condo Law 5. Eloise Gratton

Global Workplace Insider
New York State issues final guidance on anti-sexual harassment law and delays mandatory annual training deadline

In September 2018, we reported on New

. . . [more]
Posted in: Monday’s Mix