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Archive for ‘Administration of Slaw’

The Results Are In! Slaw’s Inaugural Reader Survey

As some of you may recall from earlier in the year, we ran our first-ever Slaw reader survey. While it has taken us some time to aggregate and digest all of the submissions, we are pleased to finally release our inaugural Slaw Readers Survey Report.

At the outset of this process, our goals were pretty simple: to better understand our readership, and to lay the groundwork for future planning. And I must say, it was very exciting to watch all those submissions roll in! So many of you took the time to respond, giving us demographics, your likes . . . [more]

Posted in: Administration of Slaw

Measuring “Serious Harm” in a Data Breach

The prevailing legislative standard in Canada for a duty to report a breach of data security (loss of data, compromise, etc) seems to be that there is a real risk of serious harm as a result of the breach.

Have Canadian courts or regulators given useful guidance on when that happens, and what kind of harm is serious and likely? I am especially interested in court rulings, since the threat of litigation can focus the data holder’s mind as much as or even more than a regulator’s order. (Have privacy regulators cracked down on reporting requirements or other useful follow-up . . . [more]

Posted in: Substantive Law: Judicial Decisions, ulc_ecomm_list

Electronic Chattel Paper – Changing the Medium

A private correspondent writes: “Have you ever heard of any cases on electronic chattel paper that is subsequently printed out (apparently called “papering out” in the biz) and the printed version being considered as an ‘original’?”

Views? What protections are there in law or in practice to avoid duplication of a record that should be unique, or at least have a single authoritative version?

On what basis is electronic chattel paper issued or used in Canada, if at all? UCC Article 9 makes special provision for it, and negotiable electronic records generally, but Canadian e-commerce law has not followed that, . . . [more]

Posted in: International issues, Technology, ulc_ecomm_list

Access to Private Standards Incorporated Into Law

From time to time governments make law by referring to non-governmental rules. These are often technical matters on which standards are developed by outside experts. For example, a regulation might require manufacturers to comply with a safety standard of the Canadian General Standards Board or the International Standards Organization.

When this happens, should the government have to ensure that the outside standards be accessible to those affected by them? Many standards bodies finance their operation at least in part through the sale of their standards. In other words, access to the text of the standards is not free. Is that . . . [more]

Posted in: Legal Information, Substantive Law: Legislation, ulc_ecomm_list

Augmented Reality, Diminished Privacy, Increased Conflict?

The new “augmented reality” game Pokemon Go has in a few days more downloads than Tindr. Perhaps the age range of the players is wider.

In any event, to augment your reality, the makers (a spinoff from Google) want a LOT of personal information. TechCrunch has the story, or one version of it. Is the reason that the game is not yet available in Canada our privacy laws, notably PIPEDA, which requires (as well as informed consent) that the collection, use and disclosure of PII be reasonable? Can the game maker justify the extent of the information collected by . . . [more]

Posted in: Technology: Internet, ulc_ecomm_list

E-Discovery Records Must Be in “useful” Format

The Alberta Court of Queen’s Bench has recently held that a party who held relevant electronic records must produce them in native format, rather than in TIFF format, although producing them in native format (in this case, Excel) could take six months’ work and cost $50,000. Alberta and Canadian law were admitted to require that such production be proportional to the stakes in the dispute and not unduly burdensome, but ordering the production in this case was held to satisfy those tests.

Bard v Canadian Natural Resources, 2016 ABQB 267 (CanLII)

This despite a litigation plan that contemplated production . . . [more]

Posted in: Practice of Law: Practice Management, ulc_ecomm_list

No After-Hours Emails – Can You Imagine?

France now has a law against after-hours emails to employees. Does this make sense to you? Could you get your work done on this basis? Is that question your concern, or is it up to the employer to organize your time more effectively?

Can such a law apply to professionals or others who do not punch a clock?

Are the benefits worth the inconvenience … given that the benefits go to the employees and the inconvenience to the employers, to a large extent.

When France legislated its 35-hour week, over 15 years ago, one consequence was that people had a . . . [more]

Posted in: Practice of Law, Technology: Office Technology, ulc_ecomm_list

A New Legal Citation Guide for Canada on the Horizon / Vers Un Nouveau Guide Canadien De Citation Juridique

(La version française suite)

A New Legal Citation Guide for Canada on the Horizon

A group of interested individuals has come together to address the challenge of uniform legal citation in Canada.

There is currently no standard legal citation guide in Canada that has been uniformly accepted by all legal sectors and institutions. In addition to existing published citation guides, various courts, law schools, law journals and publishers have developed and are using their own guides to meet their particular needs.

The Canadian public has a right to an accessible standard of legal citation that will facilitate, not hinder their . . . [more]

Posted in: Announcements, Firm Guest Blogger, Legal Information, Legal Information: Libraries & Research

Is There Copyright in Klingon?

Major Hollywood studios are suing the makers of a fan-generated short Star Trek film for violation of intellectual property rights, including the film’s use of the Klingon language invented by the creators of Star Trek.

Does the claim about the use of Klingon make any sense? I don’t believe that the claim focuses on substantial use of passages of text from existing screenplays. The characters in the fan film are using their own texts according to the rules of the artificially-created language.

If not copyright, is there some other kind of intellectual property that might be infringed by the use . . . [more]

Posted in: Substantive Law, ulc_ecomm_list

Limits on Lawyers’ Ability to Research Jurors?

One reads regularly of the problems courts have in restricting jurors from researching cases in front of them, so that they get only the evidence properly before them and the arguments subject to judicial control.

What of restrictions on lawyers who want to get out-of-court information about jurors, ideally in time to challenge them at the time of their selection, but also to tailor arguments and maybe even appeal results?

A US judge has recently asked for detailed submissions from Oracle and Google as part of their ongoing patent litigation, to say why they should be able to research jurors . . . [more]

Posted in: Justice Issues, ulc_ecomm_list

Browsewraps – Why Bother?

Here’s a comment by Eric Goldman of Santa Clara law school on a California court of appeals case, refusing to validate an arbitration clause in a ‘browsewrap’ format – i.e. a link to ‘terms of use’ with no requirement of the contracting party to acknowledge them.

Are such clauses enforced in Canada, except to prevent obvious dishonest behaviour as in Sutton Realty in Quebec or the similar BC case, Century 21 v Rogers Communications, about scraping real estate listings off an MLS site? (See par 92ff of that decision). Why should they be?

The ULCC published a study of them . . . [more]

Posted in: Substantive Law: Judicial Decisions, Technology: Internet, ulc_ecomm_list

More New Voices at Slaw Tips

As David Bilinsky noted over at Slaw Tips today, he and Garry Wise have recruited a whole new crop of voices to contribute to their practice tips column.

We welcome these eight new writers to our companion site, which brings readers weekly tips on practice, technology, research and writing. Their experiences and perspectives, along with those of our other recently added contributors, will be a fantastic contribution to Slaw Tips. Here’s a quick look at who all is joining the practice tips roster:

Michael McCubbin
Whitecap Legal

Andrea Cannavina
LegalTypist Inc.
New York City

Stacey Gerrard
Lawyers’ Insurance . . . [more]

Posted in: Administration of Slaw