Canada’s online legal magazine.
CPAC Beyond Politics
Osgoode Professional LLM

Archive for April, 2010

Free Online Legal Research: Lesser Known Links to Amaze Even the Most Experienced Researcher

Connie Crosby and I will be co-presenting with two American law library colleagues (Jane Edwards and Marlene Coir) in a few weeks at the annual conference of the Canadian Association of Law Libraries in Windsor, this year a joint conference with the Michigan Association of Law Libraries.

Our topic is “Legal Research Free and Fast!” and we will be making available a jointly-authored paper that provides an overview and analysis of “free” versus “fee” online research tools.

My personal challenge for the presentation – and I assume perhaps a challenge shared by my co-panelists – is what free Internet-based, law-related . . . [more]

Posted in: Legal Information: Libraries & Research, Technology: Internet

Privacy Commissioner Consultations Re Online Profiling

The Canadian Privacy Commissioner is in the midst of consultations on the privacy impacts of online tracking, profiling and targeting. The first public event is a panel discussion taking place today correction – Thursday the 29th in Toronto from 8:30 til 4:15. This event is being webcast. Viewers are invited to pose questions to the panelists.

To follow the consultations on twitter the hashtag is #priv2010. The Privacy Commisioner’s office’s twitter handle is @privacyprivee. . . . [more]

Posted in: Substantive Law, Technology: Internet

Disclaimers in Canada

In Canada, under s. 48(1) of the Patent Act, a patentee can disclaim portions of an issued patent if “by mistake, accident or inadvertence, and without any willful intent to defraud or mislead the public,” the patentee has “made a specification too broad, claiming more than that of which the patentee… was the inventor.” Disclaimers can be filed to correct errors in patents and can be used to enhance the validity of existing claims by narrowing the claims based on newly discovered prior art. However, patentees should proceed with caution, as disclaimers filed in the wrong manner, or for . . . [more]

Posted in: Firm Guest Blogger, Substantive Law: Judicial Decisions

Calling All Upper Canada Solos and Small Firms…

♬ And I hear this calling
Still you don’t seem so far at all …♬

Lyrics, music and recorded by All That Remains

On Friday, May 14, 2010 (9:00 AM – 4:30 PM) the 5th Annual Solo and Small Firm Conference and Expo will be hosted by The Law Society of Upper Canada in conjunction with The Ontario Bar Association.

What makes this Solo and Small Firm Conference a bit unique and new this year (and important in a Province that is bigger than France and Spain combined) is the live webcast of the Conference:

If you are unable

. . . [more]
Posted in: Education & Training: CLE/PD

The Gizmodo Search

As anyone who follows tech will know, a prototype of Apple’s secret (as it then was) next model iPhone escaped into the wild, thanks to a careless employee. It made its way from the finder to the tech blogging site Gizmodo. There the thing of beauty was disassembled and the entrails reported to the public by Jason Chen. Subsequently, California police executed a search warrant and removed material from Mr. Chen’s residence. As I understand it, no criminal charges have been laid against Mr. Chen at this point.

Most of the discussion has debated the legality of the search warrant, . . . [more]

Posted in: Substantive Law

Technology and Court Reporting

When I was first appointed to the High Court of Justice of Ontario in March, 1988, the era of having a dedicated court reporter assigned to a judge and traveling with that judge throughout Ontario was coming to an end. In 1988, most court reporters created a court record of the viva voce evidence by way of shorthand. If the presiding judge required a portion of the evidence transcribed, the court reporter would create a transcript after court hours from his/her shorthand notes. This system started to disappear in the late 1980’s as a result of the expense involved in . . . [more]

Posted in: Technology, Technology: Office Technology

This Week’s Biotech Highlights

This week in biotech, everyone was trying to find a way through.

The Leukemia & Lymphoma Society is trying to find a way through to new treatments, and has created a whole funding program to do so. This week they pumped $3.2 million into a clinical program at Avila Therapeutics; and three other companies last year were able to start clinical trials with LLS funding. These biotech-foundation collaborations are win-win arrangements that you can expect to see more of.

Canadian Flax growers are trying to find a way through to use Roundup-resistant varieties without alienating the European Union (their . . . [more]

Posted in: Technology

DOI: Digital Object Identifiers

I decided I needed to educate myself a little when I saw Paul Lomio’s post (April 26, 2010) on Legal Research Plus: “What If Law Journal Citations Included Digital Object Identifiers? A Snapshot of Major Law Journals“. The post referenced an article by Benjamin J. Keele, abstracted (March 18, 2010) on SSRN: “What If Law Journal Citations Included Digital Object Identifiers? A Snapshot of Major Law Journals“.

The abstract began in a way which made me skeptical:

Prevailing citation practice in law journals is to use uniform resource locators (URLs) when citing electronic sources. Digital object

. . . [more]
Posted in: Legal Information: Publishing

“Rolling” Anton Piller Order Set Aside: “John Doe” Action Dismissed

The decision in Vinod Chopra Films Private Limited et al. v. John Doe 2010 FC 387 by Hughes, J. concerns a review of a “rolling” Anton Piller order granted by the Federal Court of Canada in a copyright infringement case to an Indian film production company and its Canadian licensee against various un-named persons who (according to the claim) “deal in counterfeit video recordings.”

Pursuant to Justice Zinn’s Order of January 26, 2010, the plaintiffs seized allegedly counterfeit copies of a film entitled “3 Idiots” from a number of defendants who then sought review of the Order.

An Anton Piller . . . [more]

Posted in: Firm Guest Blogger, Substantive Law: Judicial Decisions