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Implementation of Recommendations From Phoenix Sinclair Inquiry Report

Just shy of a year after the issuance of the final report and recommendations from the Phoenix Sinclair Inquiry in Manitoba, the province has issued its first status update on the implementation of those recommendations.

The report, Options for Action: An Implementation Report for The Legacy of Phoenix Sinclair: Achieving the Best for All Our Children and Executive Summary were delivered at a press conference yesterday. Following a process of consultation with stakeholders, the implementation team led by consulting firm AMR Planning and Consulting sets out a series of options for action to implement the 31 recommendations that were not . . . [more]

Posted in: Justice Issues

Happy Data Privacy Day

From the Privacy Commissioner of Canada: “On January 28, Canada, along with many countries around the world, will celebrate Data Privacy Day. Recognized by privacy professionals, corporations, government officials, academics and students around the world, Data Privacy Day highlights the impact that technology is having on our privacy rights and underlines the importance of valuing and protecting personal information.”

Privacy becomes increasingly challenging with new tech such as big data, the internet of things, wearable computers, drones, and government agencies recording massive amounts of data in the name of security. Sober thought needs to go into balancing the . . . [more]

Posted in: Substantive Law, Technology

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. Bernstein v. Poon, 2015 ONSC 155

[22] This dispute arises at one of the many intersections between business and profit on the one hand, and health and wellness on the other. Both the plaintiffs and the defendant are, financially, the beneficiaries of the burgeoning needs and demands of an increasingly obese population. While the plaintiffs are openly commercial and not dependent . . . [more]

Posted in: Wednesday: What's Hot on CanLII

New Year, New Arbitration Rules

The ADR Institute of Canada has adopted new arbitration rules, which came into effect in December 2014. The new Rules are significant because they apply to any new arbitration commenced under the ADR Institute rules after December 1. Although the Rules are designed mainly for domestic commercial arbitration, they can also be used for international and non-commercial disputes.

First adopted in 2002 to provide a comprehensive set of national arbitration rules, the last major revision of the Rules was in 2008. The new Rules are the product of an in-depth review and broad consultation that began in 2012. This . . . [more]

Posted in: Dispute Resolution

Workplace Resolution #3: Watch What You Say Online…

What you say online stays online and could get you fired. It is becoming increasingly clear in Canada that offensive or disparaging online statements can merit termination for cause, particularly where the conduct has a negative impact on the employer. Surprisingly, the same is not necessarily true in the United States (see my post here for more details). However, the recent wave of employer-supportive decisions favouring terminations for cause may have given some companies a false sense of security. The recent decision of Kim v. International Triathlon Union, 2014 BCSC 2151 is a good illustration of that point and how . . . [more]

Posted in: Substantive Law: Judicial Decisions

Tell Better Stories

Podcasting has become something of a recurring joke around my office this year.

One of my colleagues has recently become intrigued by the medium, and is eager to find suitable client or in-house projects where our agency can work in this arena. I’ve been helpfully proposing that every project we discuss is a nail for which this newfangled podcasting hammer would be the perfect tool and teasing her about the cutting edge nature of this technology, which has had native support within iTunes since 2005, and is really but a short technological hop from old-fashioned radio serials that have been . . . [more]

Posted in: Legal Marketing

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 technology, research and practice.

Technology

Don’t Worry About Overcharging Your Mobile Device Batteries*
Dan Pinnington

Some people still worry about overcharging the batteries on their mobile devices. Those of us that have been around a bit longer will remember the days when you were supposed to fully charge and then fully discharge your batteries so they would maintain the ability to take and retain a full charge through many charging cycles. This was an . . . [more]

Posted in: Tips Tuesday

Plaintiff and Defendant Both Seek, and Are Denied, Leave to Appeal

Litigation produces winners and losers. Often, the loser feels that the judge got it wrong and appeals the decision accordingly.

In some cases even the winner thinks that it should have received a decision more favourable than it did and that an appeal is an appropriate route to take.

In a recent case, both the winner and the loser of a summary judgment motion thought that the motion judge got it wrong, and both sought leave to appeal.

More surprising than the fact that both sides think the judge got it wrong, is that the Divisional Court denied leave . . . [more]

Posted in: Case Comment, Practice of Law

Look to Your Left, Look to Your Right…

…One of you won’t be here next year.

Variations of that famous phrase, according to legend, are routinely directed at first year law students, though now mostly in jest. Many people have been credited as being the first to warn law students that at least 1 in 3 wouldn’t be able to handle the rigours of law school and would soon be seeking other pursuits, with records suggesting the first utterances came as early as the 1930s, if not earlier. If it were ever true for law students (Hint: I doubt it. And certainly not in living memory), it is . . . [more]

Posted in: Practice of Law: Future of Practice

Incivility: Practical Consequences for You and Your Client

Debate about lawyers’ incivility – whether it’s on the increase, whether it’s worthy of concern, how it should be handled – is an ongoing one. The subject continues to be discussed, and we can expect to hear more about it in the coming months and years.

But high-profile cases aside, when does a lawyer’s conduct cross the line into unprofessional conduct, and what are the costs and other implications?

These questions are answered in a paper by Daniel Naymark of Lax O’Sullivan Scott Lisus LLP and LAWPRO’s litigation unit director and counsel Jennifer Ip. It was presented at the Advocates’ . . . [more]

Posted in: Practice of Law

First Machine Learning Course for Law Students

Daniel Martin Katz and Michael J. Bommarito II are teaching a new course on machine learning this semester at the Michigan State University College of Law. The course is called ‘Legal Analytics‘ and Katz has shared an introduction to their course on Computational Legal Studies. . . . [more]

Posted in: Education & Training: Law Schools, Practice of Law: Future of Practice

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 sixty 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. Western Canada Business Litigation Blog  2. Global Workplace Insider 3. Legal Sourcery  4. Clio Blog  5. Double Aspect

Western Canada Business Litigation Blog
Promissory Notes and the Limitation Act

A promissory note is a written promise by a borrower to pay a sum of money to a lender upon . . . [more]

Posted in: Monday’s Mix