archive for August, 2011



There was a time when the Catholic Church (and others) didn’t have to appeal to the earthly law in order to enforce its demands. The church’s doctrine was the law,… [more]

Less Madness, More Method

by Simon Lewis

August 18th, 2011

It is almost trite to say that you don’t computerise a mess, it simply makes it happen faster. The problem is the legal system, particularly litigation; and it is something… [more]

These are notes are from a panel presentation organized by the ABA Section on Labor and Employment Law at the American Bar Association 2011 conference in Toronto on Sunday, August … [more]

PIPEDA and Cloud Computing

by David Bilinsky

August 17th, 2011

♬ An' now I'm flyin' through the air.
On a cloud, on a cloud.
On a cloud, lookin' down…♬… [more]

Lyrics and Music by Cody Canada, recorded by Cross Canadian Ragweed.

Hon. Allan Lutfy of the Federal Court to Retire

by Omar Ha-Redeye

August 17th, 2011

The Federal Court of Canada announced yesterday that the Chief Justice, the Honourable Allan Lutfy, will be resigning effective Sept. 30, 2011.
Prior to his appointment to the Federal Court,… [more]

Surveillance Society Requires Debate

by David Canton

August 17th, 2011

There has been a lot written lately about the disturbing trend towards becoming a surveillance society. And the equally disturbing trend for governments to try to interfere with various kinds… [more]

Canadian Law Journals on Commercial Databases

by John Papadopoulos

August 17th, 2011

For the last few months, I have been tracking new issues of Canadian law journals for Bora Laskin Law Library's Recent Law Journals Tables of Contents service (July issue here) . This was as… [more]

Going From a 2 to a 4

by Steven B. Levy

August 17th, 2011

I’m watching a sailboat from my deck.
It’s a sunny day and there’s some wind, just a perfect day for sailing. As a picture, it looks idyllic. Call it a… [more]

The papers recently carried the news of the death of Paul-André Crépeau, C.C., O.Q., c.r., LL.D., D.h.c., m.s.r.c., who I would argue was the most influential law reformer in Canadian… [more]

Privacy Commissioner Releases PIPEDA Guide for Lawyers

by Simon Fodden

August 16th, 2011

Canada's Privacy Commissioner announced the release of "PIPEDA and Your Practice — A Privacy Handbook for Lawyers" (also available in a PDF version) at the Canadian Bar Association Canadian Legal… [more]

Orders-in-Council No Longer Tweeting

by Shaunna Mireau

August 16th, 2011

I am sorry to report that @ordersincouncil, a twitter stream with 318 followers and 25 listings seems to have gone silent. No ceremony, no fanfare, no last word, no announcement.… [more]

McLuhan and the Practice of Law

by Simon Fodden

August 16th, 2011

Have a look at Jason Wilson's latest rethinc.k post, "The Document Life: Why “lawyer” is moving from a profession to a metaphor." In actual fact, the post, after a brief… [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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