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Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from forty-one recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. University of Alberta Faculty of Law Blog  2. Thoughtful Legal Management  3. Le Blogue du CRL  4. Michael Geist  5. First Reference

University of Alberta Faculty of Law Blog
Throne Speech: PM as Consumer Crusader?
I am a big fan of the NPR radio show This American Life. The theme of a recent episode was “secret identity”. Ever since Steven Harper was first elected Prime Minister, a number of voices from the left have been chirping about a “secret agenda”. In the days leading up to the throne speech, this secret agenda finally emerged, and Harper’s secret identity revealed as…Ralph Nader? I am being facetious of course . . .

Thoughtful Legal Management
Secure Passwords
The writer spoke yesterday at the Privacy and Access 20/20: A New Vision for Information Rights‘ workshop on Legal Ethics dealing with issues of privacy, security and technology for lawyers and their clients. The writer spoke along with Dr. Benjamin Goold, Associate Professor of Law and Associate Dean Academic Affairs, University of British Columbia and Tamara Hunter, Associate Counsel and Head of the Davis LLP Privacy Law Compliance Group. This workshop was part of the pre-conference sessions and was a two-hour practice management and ethics seminar . . .

Le Blogue du CRL
L’obligation de rendre compte à la fin du mandat est obligatoire
Dans Rodrique c. Rodrigue (2013 QCCS 4876), la Cour était saisie d’une requête introductive d’instance en reddition de compte. Le demandeur exigeait de la défenderesse qu’elle rende compte de sa gestion à titre de mandataire pour la période précédant le décès de leur père. La Cour conclut notamment que l’obligation de rendre compte à la fin du mandat est obligatoire et que le mandant ne peut renoncer à l’avance à la reddition de compte finale.

Michael Geist
CETA Reached “In Principle”, Part Four: Pharma Gets Patent Extension Despite Declining R&D in Canada
As noted in another post on the CETA intellectual property provisions, one of the key elements in the deal from a European perspective was patent term restoration, which effectively allows the large pharmaceutical companies to extend the term of their patents (additional posts on the need to release the draft text and the telecom and e-commerce provisions). The change will delay the entry of generic alternatives and, as acknowledged by Prime Minister Stephen Harper, will raise health care costs across the country (estimates run into the billions). In fact, the Ontario government has already indicated that it may seek compensation (or “mitigate the impact”) for the additional costs.

First Reference
What responsibility does your company have to workers with cancer?
Earlier in 2012, we reported on the case of Brito v. Canac Kitchens. In this case, the plaintiff was a Canac Kitchens employee who, at point of dismissal, received pay in lieu of notice. This meant the plaintiff’s benefits were not covered 16 months later when he developed laryngeal cancer. In the Canac Kitchens case, the courts ruled that the plaintiff should have been entitled to 22 months of notice, including benefits, and that Canac Kitchens was required to pay the plaintiff’s disability benefits retroactively.
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*Randomness here is created by Random.org and its list randomizing function.

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