archive for December, 2010



New Columnists, New Followers

by Administrator

December 15th, 2010

We're delighted to announce that over the next few weeks you'll be meeting three new columnists on Slaw. May we introduce, in alphabetical order, Simon Lewis (yes, yet another Simon!),… [more]

A Little Help From My Friends (And Others) Please

by David Cheifetz

December 15th, 2010

Dear Friends, Colleagues, Readers,
I'm writing a paper for a CLE conference that'll be held in Vancouver next June. I'm trying to gather anecdotal information as to whether the SCC… [more]

Yesterday's United States Court of Appeals for the Sixth Circuit finding that e-mail held by a service provider cannot be accessed without a warrant has already been much discussed. For… [more]

Lawyers love to armchair quarterback the trials of others. We strategize, we second-guess, we substitute our own brilliance for the wit and experience of learned trial counsel. It’s our professional… [more]

This Week's Biotech Highlights

by Jeremy Grushcow

December 14th, 2010

This week in biotech was very slimming:
There have been three obesity drugs presented to the FDA for approval this year. The agency has very stringent criteria for obesity drugs… [more]

Amazing Conversations Between a Fraudster and a Lawyer

by Dan Pinnington

December 14th, 2010

Yesterday LAWPRO posted an update and warning to Ontario lawyers about the ongoing bad cheque frauds it is seeing. LAWPRO continues to get daily calls and emails from lawyers that… [more]

On the Art of Judging

by David Cheifetz

December 14th, 2010

And a bit of substantive law, too, for those with too much time on their hands this very cold (in Toronto) December day.
Different courts in different jurisdictions sometimes arrive at… [more]

UK Twitter Law Firm

by Simon Fodden

December 14th, 2010

Good grief: it's the (I should have expected it) reductio ad absurdum… [more] of legal advice. Until now, the briefest piece of wise legal counsel was "It depends." Now a UK

Google's Proximity Operator

by Simon Fodden

December 14th, 2010

Have a look at the Research Buzz post today on Google Special Syntax: The Around Operator. Evidently, Google has had a proximity operator available for the last couple of months.… [more]

The nomenclature of a contract can subtly alter the relationship between the parties. The choice of particular words can create tension when exercising the provisions containing them simply because of… [more]

OAS Reform Passed

by Shaunna Mireau

December 14th, 2010

We have a new law in Canada, or we will when it received Royal Assent. Bill C-31, An Act to amend the Old Age Security Act, made it through the… [more]

Lawyer's Duty to "Sanitize" Storage Media

by John Gregory

December 14th, 2010

The Florida Bar Association has recently published a professional ethics opinion on the duty of lawyers to 'sanitize', i.e. erase the memory of, storage media such as printers, copiers, scanners… [more]

SlawTips      

SlawTips Top 10 Financial Errors: #7 Put Off Dealing With Underperforming Lawyers
Friday, January 27

When everyone in the firm is required to report monthly to all other partners, you instill a culture in the firm that is self-correcting. If someone fails to regularly meet their financial goals, you. […] »»

Practice

SlawTips Dig Deep
Wednesday, January 25

Today’s Tip: Dig Deep By deep, I mean the deep or invisible web.  According to Marcus Zillman, there are somewhere in the vicinity of 1 trillion plus pages of … »»

Research

SlawTips Top 10 Financial Errors: #6 Think You Don’t Need a Fee Agreement With Each Client.
Thursday, January 19

It is a huge financial mistake to not record in writing the very nature of the contractual relationship with each and every one of your clients. »»

Practice

noted on Slaw    

MLB Selected Case Summaries    

These summaries of selected recent cases are provided each week to Slaw by Maritime Law Book.
More information.

  • Administrative Law - Judicial review - General - Scope or standard of review

    Ten individuals complained to the Information and Privacy Commissioner that the Alberta Teachers’ Association (ATA) disclosed, in contravention of the Personal Information Protection Act, their personal information between October 13 and December 2, ...

  • Civil Rights - Property - Search and seizure - Search - What constitutes

    The accused was charged with possession of child pornography and making available child pornography. The accused brought an application, alleging several violations of his rights under the Charter.

    The Saskatchewan Court of Queen’s ...

  • Constitutional Law - Extent of powers conferred - Double aspect doctrine - General

    In provincial references, both the Alberta Court of Appeal (510 A.R. 200; 527 W.A.C. 200) and the Quebec Court of Appeal (2011 QCCA 591), concluded that the proposed Canadian Securities Act (CSA) was unconstitutional. A ...

  • Criminal Law - Procedure - Charge or directions - Jury or judge alone - Directions regarding evidence generally

    The accused was charged with breach of trust by a public official contrary to s. 122 of the Criminal Code. The trial judge acquitted the accused. ...

  • Civil Rights - Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Delay (Charter, s. 7)

    MacIntosh was charged on three informations with a total of 43 counts of sexual offences against nine complainants in the 1970s. The first information ...

  • Real Property Tax - Valuation - Business property - Considerations

    Two breweries’ respective properties were assessed as special properties under the Assessment Act, 2006. They appealed their respective municipal tax assessments to the Review Commissioner. The Commissioner dismissed the appeals. The breweries each appealed. The appeals ...

  • Barristers and Solicitors -Duty to court - General principles - Duty of integrity

    The applicant (Girao) and Allstate Insurance Co. disputed entitlements to accident benefits. The respondent law firm represented Allstate. Girao complained to the Privacy Commissioner of Canada (PCC) against Allstate for disclosing her ...

  • Criminal Law - Sentencing - Sentencing procedure and rights of the accused - Plea bargain or joint submission - Effect of

    The accused was sentenced to two years’ imprisonment for three breaches of a recognizance under s. 810.2 of the Criminal Code. He appealed and applied ...

  • Practice - Persons who can sue and be sued - Individuals and corporations - Status or standing - Class actions - Members of class - General

    The plaintiffs were Inuit or Métis persons who were forced to attend certain residential schools in Labrador and Newfoundland. They ...


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