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Archive for May, 2018

Mandatory Breach Notification Across Canada

By Order in Council 2018-0369 on March 26, 2018, mandatory breach notification under the federal Personal Information Protection and Electronic Documents Act (PIPEDA), comes in force November 1, 2018 for to all entities subject to its jurisdiction.

The PIPEDA rules follow Alberta’s leadership, which has had mandatory breach notification for 8 years. In Canada, provincial health privacy laws in Ontario, New Brunswick and Newfoundland and Labrador also contain reporting requirements. Most US states have mandatory breach notification requirements. It is recognized that notification of the affected individuals is a key factor in mitigation of risk in instances of cyber . . . [more]

Posted in: Intellectual Property

So You Want to Be a Foreign Law Librarian

I became a Foreign Law Librarian by accident. I didn’t plan on being one. Yet here I am. How did it happen? How did I come to specialize in foreign, comparative, and international law librarianship? What’s it like to be an FCIL librarian? What are the career paths of FCIL librarians generally? Should you become a Foreign Law Librarian?

My general plan after I decided I wanted to be a law librarian was to work as a general legal reference librarian in an academic law library. In order to do that, I needed a library science degree and a law . . . [more]

Posted in: Legal Information

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. Rankin (Rankin’s Garage & Sales) v. J.J., 2018 SCC 19

[1] A vehicle is stolen from a commercial garage. The vehicle is crashed. Someone is injured. Does the business owe a duty of care to the injured party? The question in this appeal is whether the courts below erred in recognizing a duty of care owed by a business that stores . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Civic Engagement and Community Collaboration: A New Model on Access to Justice Improvements

Calls for access to justice improvements stress the importance of public-centered, multidisciplinary approaches. We know that in order to make the justice system more accessible, we need to diversify the problem solvers and our approaches. In response to this, The Action Group on Access to Justice (TAG) recently began working with Civic Tech Toronto in an effort to develop work that operates from the intersection of civic engagement, technology and law.

Civic Tech Toronto is a vibrant community-driven, volunteer organization that organizes weekly “meetups” where attendees learn about civic issues, share ideas and expertise, and develop solutions to civic challenges . . . [more]

Posted in: Justice Issues

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

Some Contractual Terms
Neil Guthrie

I generally stay away from drafting issues, but thought I’d mix things up a bit. Depositary and depository: Depositary in US contracts has always seemed wrong to me. Shouldn’t it be depository? No, in fact. The two words, while ‘often confounded’ (as the Oxford English Dictionary Online puts it), mean different things. …


New Mandatory Minimum Sentencing Online Resource
Alan Kilpatrick . . . [more]

Posted in: Tips Tuesday

Protecting Indigenous Knowledge in Canada

Last month the Canadian Federation of Library Associations (CFLA-FCAB) issued a position statement on the treatment of indigenous knowledge in Canada’s Copyright Act. This three page position paper was prepared by the Indigenous Knowledge Protection Working Group operating under the CFLA-FCAB Indigenous Matters Committee. It provides background information, an analysis and a recommendation.

The issue, as framed in this paper, is as follows:

“Canada’s Copyright Act does not protect Indigenous knowledge, which may be found in published works as a result of research or appropriation. In Canadian law, the author of a published work holds the legal copyright

. . . [more]
Posted in: Substantive Law: Legislation

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. Family LLB 2. Risk Management & Crisis Response 3. Michael Spratt 4. Susan On The Soapbox 5. Meurrens on Immigration

Family LLB
Court Orders Husband to Divorce Wife

In a recent B.C. decision, the court grappled with whether it had the legal authority to: 1) order a

. . . [more]
Posted in: Monday’s Mix

The Need for Blockchain Evidence Legislation

Nobody wanted to die. The life extension project raised millions with names of famous scientists and promises of ground-breaking research. Trustees earmarked the bulk of the money as a prize to the first researcher who solved the telomerase enzyme problem.

On the morning of January 2, 2020, two independent groups announced successful telomerase enhancement formulas. One was from Atlanta, and the other one from Singapore. The group that proved it was the first to record the formula would get $50 million to continue its research. Peer-reviewed publication was not relevant as both completed it at the same time. The only . . . [more]

Posted in: Legal Technology, Practice of Law

Gmail Confidential for Lawyers

Law month, Google released new features for its paying customers of Gmail, including Gmail Confidential Mode. The initial announcement stated,

Today, we’re introducing a new approach to information protection: Gmail confidential mode. With confidential mode, it’s possible to protect sensitive content in your emails by creating expiration dates or revoking previously sent messages. Because you can require additional authentication via text message to view an email, it’s also possible to protect data even if a recipient’s email account has been hijacked while the message is active.

Built-in Information Rights Management (IRM) controls also allow you to remove the option

. . . [more]
Posted in: Practice of Law: Practice Management, Technology

Do You Need to Know You Are Speaking With a Robot?

You will probably have heard that Google has developed a system by which a machine can make phone calls to humans, notably to make reservations for hotels and restaurants (and what more human an activity is there?) – and the machine, using AI, can sound remarkably human. Apparently we have here a device that passes the Turing test with flying colours.

Question: should it have to tell people it deals with that it is essentially a robot? A lot of people claim to be unhappy with the idea that they may deal with the machine and not know it’s . . . [more]

Posted in: Miscellaneous, Technology, ulc_ecomm_list

Summaries Sunday: Supreme Advocacy

On one Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all appeals as well as leaves to appeal granted so you will know what the SCC will soon be dealing with (March 30 to May 11, 2018 inclusive).


Charter: Equality; Pay Equity
Québec (Attorney General) v. Alliance du personnel professionnel et technique de la santé et des services sociaux, 2018 SCC 17 (37347) . . . [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.

FAMILLE : La juge de première instance, qui était appelée par les parties à homologuer une convention sur les mesures accessoires à leur divorce, a commis une erreur lorsqu’elle a décidé unilatéralement et sans aviser les parties de ne pas homologuer une clause de l’entente.

Intitulé : Droit de la . . . [more]

Posted in: Summaries Sunday