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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 sixty 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. Excess Copyright 3. Legal Sourcery 4. Éloïse Gratton 5. Rule of Law

University of Alberta Faculty of Law Blog
Waiving Privilege by Putting State of Mind in Issue

In this video blog, I explore some common issues that arise when a party tries to rely on legal advice privilege in some way, and the opposing party suggests – as a result – that the privilege was waived because the client’s “state of mind” came in issue. Several recent cases have done a good job of clearing up this doctrine (which is raised pretty consistently in civil proceedings), and I look at it in detail, trying to set out the ground rules in this area. ….

Excess Copyright
Access Copyright’s Post-Secondary Tariff – The Glacier is Starting to Melt at the Copyright Board

Here is a recent Notice from the Copyright Board concerning the Access Copyright (“AC”) proposal for post-secondary tariffs. This Notice has not yet been posted on the Board’s website, although it was issued at 11:40 AM yesterday, June 30, 2015: …

Legal Sourcery
Linking to American Case Law through HeinOnline (Tip of the Week)

I assume there will come a time when every correctly-formatted citation in every electronic document will have a hyperlink to its source (and maybe even a further future time when none of the links go to paywalls and secure sites, but let’s not get too crazy). …

Éloïse Gratton
Fitbit data used to self-incriminate its user

I posted a blog a few months ago about Health-tracking bracelets and privacy issues and raised the fact that health information collected by these self-tracking devices may be used as evidence in a litigation. Kashmir Hill published a piece today entitled “Fitbit data just undermined a woman’s rape claim“. …

Rule of Law
What Does Section 155 of the Wills, Estates and Succession Act Really Mean?

Does section 155 (1)(a) of the Wills, Estates and Succession Act permit an executor or administrator to distribute an estate within 210 days of a grant of probate or letters of administration with will annexed without the consent of a disinherited spouse or child, if all of the beneficiaries named in the will consent? …
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*Randomness here is created by Random.org and its list randomizing function.

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