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Archive for July, 2016

Excluding Lawyers From the ESA and LRA

There are over 85 complex exemptions and special rules to the Employment Standards Act, many of them decades old, and others dating back to 1944. The Act is a long and complicated one, adding significant operational expense to employers in implementation, and leaving many workers vulnerable given gaps in protection.

The original ESA was created in 1968, at which point it replaced a number of older statutes, including the Hours of Work and Vacations with Pay Act of 1944. The Act was amended many times over the years, but was only reviewed in 2000, with the new Act taking . . . [more]

Posted in: Justice Issues, Practice of Law: Future of Practice

Summaries Sunday: OnPoint Legal Research

One Sunday each month OnPoint Legal Research provides Slaw with an extended summary of, and counsel’s commentary on, an important case from the British Columbia, Alberta, or Ontario court of appeal.

Calaheson v Gift Lake Metis Settlement, 2016 ABCA 185

AREAS OF LAW: Local elections; Eligibility to run; Eligibility to vote; Metis and Indian status

~In deciding whether to annul an election, it is not necessary to engage in mathematical analyses if, over all, there are sufficient irregularities to cast doubt on the election’s integrity.~

BACKGROUND: Jason Anderson was ineligible to run in the Respondent Gift Lake Metis Settlement’s general . . . [more]

Posted in: Summaries Sunday

Summaries Sunday: SOQUIJ

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

PÉNAL (DROIT) : L’ancien dirigeant de Cinar, Ronald Weinberg, est condamné à une peine d’emprisonnement de neuf ans après avoir été déclaré coupable sous plusieurs chefs d’accusation de fraude, d’utilisation d’un document contrefait ainsi que de fabrication et d’utilisation de faux documents.

Intitulé : R. c. Weinberg, 2016 QCCS 3137 . . . [more]

Posted in: Summaries Sunday

When Crisis Hits – Nine Tips for Getting Through

I have numerous friends dealing with crises this summer. Two have mothers who have been diagnosed with life threatening illnesses. Their lives have been turned upside down. They are worried, stressed out, and deeply sad about what is happening with their moms. They are dealing with doctors and lawyers and trying to keep daily family life together while dedicating a big chuck of each day to helping their mothers.

This was the situation I found myself in last year when I received a phone call from my mother’s landlord telling me she had been found disoriented in the basement of . . . [more]

Posted in: Practice of Law

Thursday Thinkpiece: Webb & Loughlin on Shifting Attitudes in the Next Generation of Male Lawyers

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Shifting Attitudes in the Next Generation of Male Lawyers: Will the Kids be as Important as the Courtroom?

Shannon R. Webb, Professor at Lawrence Kinlin School of Business, Fanshawe College
Catherine Loughlin, Associate Dean Research and Knowledge Mobilization at the Sobey School of Business, Saint Mary’s University

First published in the . . . [more]

Posted in: Thursday Thinkpiece

Taking Self-Regulation for Granted?

“It is not a right. Self-regulation is very much a privilege.” So declared Premier Christy Clark at the end of June when she announced that the BC government would take over regulation of the real estate industry in that province.

As those in BC know, the BC housing market has been on fire over the past year. Potential home buyers face a crisis of affordability. Questionable practices by some real estate agents and a failure to respond by the Real Estate Council of British Columbia (RECBC) fuelled a crisis of confidence in the regulator. And the government stepped in.

We . . . [more]

Posted in: Legal Ethics

Privacy by Design Is Crucial to Avoid IoT Disasters

If anyone doubts that Privacy by Design is not a fundamentally important principle, consider these two recent articles.

This Wired article describes a hack being detailed at the upcoming Defcon conference that can easily read and type keystrokes from wireless keyboards that are not Bluetooth. So you might want to consider replacing any non-Bluetooth wireless keyboards you have.

Security expert Bruce Schneier wrote this article entitled The Internet of Things Will Turn Large-Scale Hacks into Real World Disasters that explains the IoT risks. The fundamental problem is that not enough attention is being paid to security for IoT devices. This . . . [more]

Posted in: Technology

Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about.

For this last week:

1. Lapointe Rosenstein Marchand Melançon LLP v. Cassels Brock & Blackwell LLP, 2016 SCC 30

[1] Even if the underlying facts involve another jurisdiction, a Canadian court can, if there is a sufficient connection, assume jurisdiction over a tort claim. In Van Breda,[1] this Court identified four “presumptive connecting factors” to assist in making this determination. This appeal focuses on the . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Keeping It Real: Implementing a Firm-Wide LPM Program, Part 1

Honigman Miller Schwartz and Cohn LLP, a law firm with 300 attorneys in five offices throughout the U.S. mid-west launched a comprehensive legal project management (LPM) initiative in 2011. Rather than announce the program with the usual press releases and fanfare, the firm deliberately chose to stay quiet about it – until recently. 

Carl W. Herstein is Honigman’s Detroit-based Chief Value Partner. In this two-part interview, Carl discusses the decision to “keep it real”, what he’s learned along the way, and how LPM fits into firm culture. His experience exemplifies the commitment, forethought and resources required as other firms . . . [more]

Posted in: Education & Training, Practice of Law, Practice of Law: Future of Practice, Practice of Law: Practice Management

Tips Tuesday

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on research and writing, practice, and technology.

Research & Writing

Split Infinitives; Or, Star Trek, You Have a Lot to Answer For
Neil Guthrie

The infinitive of a verb is the form with ‘to’ in front of it. As in, to be or not to be. A split infinitive is a verb in this form, but with something stuck between to and the main bit: to not be, by way of example. …

Practice

10 . . . [more]

Posted in: Tips Tuesday

The Move to Visuals (And Why You Should Care)

Social Media Camp is the national conference on social media that attracts international speakers and attendees. At this year’s event, virtually all presenters agreed that images and video are taking over the internet. What do they mean by this? Consider the following:

  • YouTube is now the second largest search engine – just behind Google – and may soon surpass it. (Don’t feel badly for Google as they own YouTube).
  • Google is now building four-story data centre buildings to house the servers required to support increased data space needed on the cloud for things like images and video. These guys plan
. . . [more]
Posted in: Legal Marketing

Best Guide to Canadian Legal Research Sustained

I was delighted to see the announcement that Catherine Best’s fantastic work at legalresearch.org will continue on under an excellent editorial board after her retirement. Catherine generously donated the site to CanLII and the site has been renamed The Canadian Legal Research and Writing Guide.

What a fabulous legacy.

The Best Guide is one of those resources that act as a starting point for fresh legal researchers, a reminder for the occasional researcher, and a review for the experienced. It is a frequently referred to resource in student training programs, including the Edmonton Law Libraries Association HeadStart program, which, . . . [more]

Posted in: Legal Information