Canada’s online legal magazine.

Archive for August, 2012

FIFA and the Olympics

As everyone in Canada will know, the Canadian women’s soccer team lost to the US team in a way that has excited some comment, first of all by a couple of star members of the Canadian team who were highly critical of a decision made by the Norwegian referee. FIFA — Fédération Internationale de Football Association — the governing body of football let it be known that it will examine the players’ comments with an eye to possible suspensions. Today, however, we learn that no actions will be taken by FIFA until after the game in which Canada competes with . . . [more]

Posted in: Miscellaneous

Highlights of the Similarities and Differences Between Canadian and American Trade-Mark Practice

INTRODUCTION 

There are many similarities between Canadian and American trade-mark practice, such as the overall steps in the application process. However, sometimes Canadian lawyers and clients make erroneous assumptions about US trade-mark laws that can have a significant impact on a trade-mark portfolio. Likewise, some US lawyers and clients incorrectly assume more similarity between US and Canadian laws than actually exists. This article gives an overview of some of the similarities and differences between Canadian and US trade-mark practice so brand owners can structure their affairs accordingly when managing a cross-border trade-mark portfolio.

SOME SIMILARITIES

1. “First to File” 

In . . . [more]

Posted in: Intellectual Property

Reality Check

Fact, Fiction, and Case Citations

The time is approaching for work to begin on the new edition of the Canadian Guide to Legal Citation. The next edition could prove to be a breakthrough edition if the editors choose to end the fiction that print law reports still matter in legal research.

Just as the current edition took a major step forward by elimination of the heretofore sacrosanct, but totally useless period, in legal citation, the editors of the Guide to Canadian Legal Research are able to introduce reality into the practice of citing court decisions by a few simple . . . [more]

Posted in: Legal Publishing

Interest Rates

Like anyone who owns property along with a bank, I am always interested in interest rates.

Like anyone who would like to retire someday, I am always interested in interest rates.

Whether your primary concern with interest rates is from the borrowing or saving side of the equation, you may be interested in a Bank of Canada News Release about the publication schedule of interest rate announcements from Canada’s central bank.

Over the past several years, the Bank has streamlined its production processes for the Monetary Policy Report and gradually reduced the interval between the release of the rate decision

. . . [more]
Posted in: Legal Information: Libraries & Research, Legal Information: Publishing

The Future of Broadcasting

Out of touch in Hawaii

It was late October, 1992, and I was in Honolulu. I had been fortunate enough that year to have had the means to attend the annual meeting of Westpac, the western Pacific chapter of the American Association of Law Libraries. And so, on Saturday, October 24, I was at one of the social events of the conference, a luau, when I heard the news that the Toronto Blue Jays had won the World Series. It was easy to get that news, because several of the attendees had brought radios with them to the . . . [more]

Posted in: Legal Technology

Why Is a Raven Like a Writing Desk?

[7] Recovery in negligence presupposes a relationship between the plaintiff and defendant based on the existence of a duty of care — a defendant who is at fault and a plaintiff who has been injured by that fault. If the defendant breaches this duty and thereby causes injury to the plaintiff, the law “corrects” the deficiency in the relationship by requiring the defendant to compensate the plaintiff for the injury suffered. This basis for recovery, sometimes referred to as “corrective justice”, assigns liability when the plaintiff and defendant are linked in a correlative relationship of doer and sufferer of the

. . . [more]
Posted in: Substantive Law, Substantive Law: Judicial Decisions

Curiosity Has Landed

safely, on Mars – the Mars Rover named “Curiosity”, that is – even if the Americans can’t spell.

Here’s explanations of how it was to work. It did.

http://www.ustream.tv/recorded/24364591/highlight/281462

http://www.space.com/16503-photos-mars-science-laboratory-curiosity-landing-guide.html

And, here’s a video stream of a collection of very relieved, very happy, people in blue shirts.

http://www.ustream.tv/recorded/24512027/highlight/282919

I doubt the missing “u” made a difference; however, those who once drove British Leyland vehicles may remember the crack about the best British workmanship going into the parts that fall off.

Fortunately, nothing fell off here.

  . . . [more]

Posted in: Miscellaneous, Technology

Canadian Lawyers as Twitter Leaders?

Earlier this week, Tech Vibes reported that as worldwide Twitter subscribership crossed the half-billion mark, Canadian accounts were shown to account for 2% of that total, placing Canada at 8th spot among all countries in total Twitter subscriber numbers. Canadians, of course, were also among the early adopters of Facebook and routinely top the rankings of ComScore and similar reports for such things as time spent online, so our collective Twitter presence is not actually all that surprising.

The surprise comes courtesy of some recently completed but not-yet-released research conducted by CanLII. Over a 6 week period in . . . [more]

Posted in: Practice of Law: Future of Practice, Practice of Law: Marketing, Technology: Internet

Holiday Today in (Most Of) Canada

Going by a variety of local names — British Columbia Day, Saskatchewan Day, Simcoe Day — the first Monday in August is a holiday in most of Canada. Folks in Quebec and Newfoundland & Labrador don’t get a break, alas. And in Ontario, where I am, this isn’t a statutory holiday but, rather, a “civic holiday” that is up to municipalities to declare, seemingly all of which have done just that.

This is by way of saying that posting will be light today on Slaw. See you tomorrow, when regularly scheduled programming resumes. . . . [more]

Posted in: Administration of Slaw

The Kowalski Bible on Lawyer Conservation

Everyone loves a good story. Numerous studies show that people are more likely to learn and retain information told in the format of a story, probably a vestige from the primary means of relaying information through most of human history.

So what about the story describing the imminent doom of the legal profession as we know it? Mitch Kowalski, who joined the Slaw team this year, just released a book this year which tells this tall tale.

Avoiding Extinction: Reimagining Legal Services for the 21st Century relates a fictitious account of an innovative and visionary law firm, Bowen, Fang . . . [more]

Posted in: Reading: Recommended

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