archive for March, 2011



PL 111-314 Rocks My World

by Bob Berring

March 14th, 2011

On December 18, 2010 with a stroke of his pen, U.S. President Barack Obama signed into law Public Law 111-314, creating Title 51 of the United States Code. Title 51… [more]

Bill C-28 and Social Media

by Omar Ha-Redeye

March 13th, 2011

David Canton and Simon Fodden have both described ways in which Bill C-28 (FISA – the "Anti-Spam Act") could affect businesses in unanticipated ways.
Stéphane Caïdi of Fasken Martineau introduces… [more]

When in Rome

by David Cheifetz

March 12th, 2011

or, in this case, British Columbia.
The BCCA decision in Clements (Litigation Guardian of) v Clements… [more] 2010 BCCA 581, reversing 2009 BSCS 112, implicitly points to a potential source of

Proof of Cause, Probability, Statistics

by David Cheifetz

March 12th, 2011

Sienkiewicz v Greif… [more] (UK) Ltd [2011] UKSC 10
is necessary reading for all Canadian lawyers and jurists who have anything to do with anything that requires or may require a decision

Citadel

by Mark Lewis

March 11th, 2011

If you have been to Halifax, then you have seen the Citadel. The Halifax Citadel is a rather distinguishing feature of the capital of Nova Scotia, in fact it would… [more]

Law Librarians' Vendor Relations Wiki

by Michael Lines

March 11th, 2011

Via The Law Librarian Blog, Sarah Glassmeyer has started LISVendor.info, a wiki to collect and share information on the relations, financial and otherwise, between law librarians and legal publishers.
In… [more]

The Prosecutor's Job Is*

by David Cheifetz

March 11th, 2011

Consider this from the just released R v White… [more]  2011 SCC 13 at para. 133 per Binnie J, dissenting (McLachlin CJ and Fish J concurring)

[133] Yet experience has shown that

Social Media – Fast Changes, but Slow Adoption

by Susan Van Dyke

March 11th, 2011

"The more that you read, the more things you will know. The more that you learn, the more places you'll go."… [more] — Dr. Seuss (I Can Read with My Eyes

The Friday Fillip

by Simon Fodden

March 11th, 2011

+ -
It seems simple when you put it that way. Anode, cathode. Positive, negative. Summer, winter. But things get problematic when the concept of positive and negative gets transferred… [more]

Watt's the Matter?

by Simon Fodden

March 11th, 2011

The Globe and Mail reported today that there's some dissatisfaction with the way Ontario Court of Appeal Justice David Watt has written a few of his judgments. According to the… [more]

I recently received an email from the University of British Columbia explaining that Access Copyright had proposed to raised the annual fee charged to UBC for “copying material from scholarly… [more]

Three Cheers for S. 99(2) of the Constitution Act

by Simon Chester

March 11th, 2011

Happy Seventy Fifth Birthday to Justice Antonin Scalia, whose recent peevish dissents are discussed in a recent blog post from the NYT.
Had he been north of the border, he… [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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