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Archive for February, 2018

Electrical Infrastructure Standards Updated to Meet Cyber Security Threat

A quote famously attributed to then FBI Director, Robert Mueller, in March 2012 advised that: “There are only two types of companies: those that have been hacked, and those that will be”.

With the rapid increase in the current plague of cyber attacks, a key issue for regulators continues to be the protection of critical infrastructure. In recent years, various US regulatory agencies have established (and periodically update) standards to improve the ability to detect, mitigate and respond to the increasing cyber security threats to critical infrastructure. Canadian regulatory agencies and industry participants, particularly in sectors where there are cross . . . [more]

Posted in: Intellectual Property

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. Major League Baseball v. Cardinal, 2018 ONSC 714

[5] In anticipation of a game later that afternoon, on October 17, 2016, Mr. Cardinal sought interim and interlocutory injunctions in the Superior Court of Justice to restrain the Cleveland Team from displaying the Team Name and/or Logo; to restrain Rogers from using or displaying the Team Name and Logo in its broadcasts . . . [more]

Posted in: Wednesday: What's Hot on CanLII

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, writing, and practice.

Research & Writing

Please Tell Me You Don’t Write Letters Like This
Neil Guthrie

This is an excerpt from an actual letter received from a writer whose identity shall remain shrouded with a justly deserved veil of anonymity…

Technology

Canada Post Personal Vault
Law Society of Saskatchewan Library

Do you need safe online storage for confidential information such as passwords, birth certificate, bank accounts, medical records, passports, tax returns, wills,

. . . [more]
Posted in: Tips Tuesday

British Columbia Releases Details on Recreational Cannabis Rules

After much anticipation, the Government of British Columbia has released details on recreational cannabis rules that will govern how cannabis can be purchased and consumed within the province.

Retail Framework

British Columbians aged 19 and older will be able to purchase recreational cannabis through privately run retail stores or government operated retail stores and government online sales. The province’s Liquor Distribution Branch will operate a new standalone network of public retail stores while the Liquor Control and Licensing Branch will be responsible for licensing and monitoring private retail stores.

Licensed retailers will not be able to sell cannabis in the . . . [more]

Posted in: Substantive Law: Legislation

Presenting the Bills: Who Calls the Tune?

Who gets to participate in making the rules that affect them, and to what degree? This is a fundamental question in Canada (Governor General in Council) v. Mikisew Cree First Nation, 2016 FCA 311 (“MCFN”), an appeal of a judicial review proceeding. In MCFN, the core question is whether indigenous groups in Canada entitled to a role in drafting legislation that affects their treaty rights.

This case is unique in Canadian jurisprudence. Until now, cases regarding the duty to consult have been about the obligation to consult indigenous peoples in the course of making a regulatory decision. MCFN is . . . [more]

Posted in: Administrative Law

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 more than 80 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. The Treasurer’s Blog 2. Avoid a Claim 3. Barry Sookman 4. Family LLB 5. Vincent Gautrais

The Treasurer’s Blog
An abiding interest

Legal aid is a critical component of access to justice, something that the Law Society strongly supports and promotes. That is why I was extremely

. . . [more]
Posted in: Monday’s Mix

Falling Short on Legal Ethics

I was speaking with someone the other day about whether and to what extent there were any ethical implications of lawyers’ use of artificial intelligence.

Those implications could theoretically range from minimum application (in what situations is it effectively malpractice not to use AI) to maximum application (where does a lawyer’s use of AI cross the line by substituting algorithmic outcomes for human judgment). It was all very interesting, and I plan to touch on some of these topics when I join a panel on March 2 in Toronto at the Canadian Bar Association-Federation of Law Societies of Canada Ethics . . . [more]

Posted in: Practice of Law

Introducing Insta-Service

Service of court documents on a party evading service has always been challenging. Canadian Lawyer Magazine reported a recent case in Ontario where a judge granted effective service by Instagram,

When Toronto lawyer Tara Vasdani could not track down a defendant she was looking to serve, she turned to Instagram…

She first attempted to serve the defendant on Sept. 1, 2017, using a physical address, and her process servers were told the defendant had moved away. She then tried using email, with a read receipt, but her messages were either ignored or never read.

The order Vasdani obtained appears to . . . [more]

Posted in: Technology

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.

CONSTITUTIONNEL (DROIT) : L’application de l’article 10 de la Loi favorisant le respect de la neutralité religieuse de l’État et visant notamment à encadrer les demandes d’accommodements pour un motif religieux dans certains organismes, qui prévoit que les services gouvernementaux au Québec doivent être offerts et reçus à visage . . . [more]

Posted in: Summaries Sunday

Videos With Fake Faces – What Legal Remedy?

Professor Eric Goldman of UC Santa Clara writes about new technology that allows adept editors to put someone’s face on a video of someone else. That can produce comic results, but it can also be a kind of revenge porn, or just nasty porn, if one puts a well-known face on a body doing pornographic things.

Prof. Goldman says it is hard to conceive of a legal remedy guaranteed to be effective for the person whose face is used. He discusses copyright and defamation and finds them limited.

He does not pay much attention to privacy, since U.S. privacy laws . . . [more]

Posted in: Technology, ulc_ecomm_list

The Use of Endorsements by Canadian Trial Courts

It seems to me that Manitoba’s Court of Queen’s Bench is increasing its reliance on endorsements. These do not appear to be published on CanLII or any other case law database. For instance, in JAP v MJP, 2018 MBQB 1, an endorsement issued by Rivoalen A.C.J. is referenced in para. 4, and in DW v Peguis CFS, 2016 MBQB 32, an unreported endorsement by Dueck J. is referred to in para. 34. Perhaps, at least in summary judgment matters, this is a response to the comments of the Manitoba Court of Appeal in Hyczkewycz v Hupe, 2016 . . . [more]

Posted in: Legal Information

The Morality of #Metoo

The forced resignation of Patrick Brown as leader of the Ontario Conservatives raises concerns of fairness and due process – for him and for the women accusing him. Christie Blatchford has castigated the party and other public officials for abandoning the “presumption of innocence”, and has highlighted the wrong of ruining a man’s reputation based on anonymous allegations. Others agree. Conversely, the Prime Minister reportedly said that women who made allegations of misconduct “must be believed” and Ontario Premier Kathleen Wynne has said “I believe victims when they come forward”.

Both those responses strike me as fundamentally deficient. Deficient . . . [more]

Posted in: Legal Ethics