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Archive for ‘Administration of Slaw’

Authentication vs Hearsay

The Ontario Court of Justice recently had occasion to consider the different grounds on which documentary evidence might be admitted or not admitted into evidence in a criminal case, in HMQ v Mondor.

Mr. Mondor was charged with accessing child pornography via a web site. The police had reconstituted the web site in order to trace certain purchases to the accused. As a result, the electronic records they used were not business records of the seller of the pornography for the purposes of s. 30 of the Canada Evidence Act. The Crown looked instead to what both it and . . . [more]

Posted in: Substantive Law: Judicial Decisions, ulc_ecomm_list

Electronic Evidence Case – Criminal Law and Social Media

The New Brunswick Court of Queen’s Bench recently admitted into a criminal case screenshots of a Facebook conversation that took place the day after an alleged sexual assault between the complainant and the accused. R v Nde Soh, 2014 NBQB 20

The court held – properly, in my view - that the screenshots were electronic documents within the meaning of ss. 31.1ff of the Canada Evidence Act, which reflect the Uniform Electronic Evidence Act. It found that the documents were properly authenticated. It decided that the computer system was sufficiently reliable in the absence of any evidence from . . . [more]

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

Natasha Chetty

I’m proud indeed to announce that Natasha Chetty is joining Slaw as a regular blogger.

Natasha is the principal consultant at Bellwether Strategies in Vancouver where she works with law firms and legal organizations on strategic planning, reputation management and business development initiatives.

Natasha was one of the first Canadians to have completed major certifications from the Reputation Institute in New York (researchers for the annual Forbes magazine list of the “World’s Most Reputable Companies”). She is also a certified coach who helps lawyers throughout North America to apply legal project management techniques to their client work. She often facilitates . . . [more]

Posted in: Administration of Slaw, Announcements

May Lawyers Advise Clients to ‘Clean Up’ Social Media Pages?

The question relates to the discoverability of social media information and whether having something on a ‘private’ page makes any difference. Case law has dealt with this too. My own summary is that any document relevant to civil litigation has to be disclosed by a party, wherever it is and however private it is. However, the opposing party will not be given free access to fish among private documents on mere speculation that there is something relevant there.

Once lawyers know this (and presumably most litigation lawyers now do), can they advise their clients to move stuff to private sections . . . [more]

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

New Columnists on Slaw

It is with great pleasure that I announce that five new columnists are joining Slaw.

Lynn Foley

Lynn is the Co-Founder of fSquared Marketing, a consulting and outsourcing firm. A Board member of the Legal Marketing Association, Vancouver, Lynn holds a dual MBA in Finance and Media & Communications Management.

Lynn will, of course, be joining the Legal Marketing group of columnists.

You may follow Lynn on Twitter @LynnFitzFoley.

 

Elmer Masters

Elmer is the Director of Internet Development at the Center for Computer-Assisted Legal Instructiona (CALI) where he works on interesting projects involving technology and legal . . . [more]

Posted in: Administration of Slaw, Announcements

Tyler Langdon

Slaw is pleased to announce that Tyler Langdon has joined us as a columnist, writing in the Practice of Law group. His first column will appear this coming Monday.

Tyler is Counsel for Global Legal Operations with McCain Foods Limited and numerous subsidiary companies around the world, having primary responsibility for providing counsel relating to McCain’s Central and South American operations, McCain International Inc., McCain’s Global Technology Centre and the One McCain Project – one of the largest projects in McCain’s history involving standardizing the way McCain does business around the globe. Tyler also supports, along with other members of . . . [more]

Posted in: Administration of Slaw

F. Tim Knight

The perceptive among you will have noticed that Slaw has a new blogger. Tim Knight has joined us, and though he may not be able to start the planned regular blogging until some time in the Spring, he’s likely to post a few entries between now and then. (Tim’s first entry was just posted moments ago.)

Tim is Associate Librarian and Head of Technical Services at the impressive Osgoode Hall Law School Library and has worked as a librarian at the Great Library and at the Ontario Institute for Studies in Education. We’re particularly glad that he’s joined us, because . . . [more]

Posted in: Administration of Slaw

Jean-Marc Leclerc Joins Slaw as Regular Blogger

I’m glad indeed to be able to tell you that Jean-Marc Leclerc is joining Slaw as a regular blogger.

Jean-Marc is a partner in the Litigation Department of Sotos LLP. Before he joined Sotos in 2012, he was a partner at Osler, Hoskin & Harcourt LLP. His practice areas include class actions, franchise, antitrust, appellate advocacy, and public interest litigation.

Jean-Marc became an occasional contributor here at Slaw in 2010 and it’s great to have him move into regular blogging.

You can follow Jean-Marc on Twitter @j_leclerc. . . . [more]

Posted in: Administration of Slaw

Browsing History – Does Knowledge of Site Administrators’ Access Give Consent to Disclosure to Law Enforcement?

A recent US decision held that a person’s browsing history on web dating sites – not just his profiles, which were clearly intended for public use – could be disclosed to police because the person had authorized the administrators of the sites to know what he was looking at. The case, People v Holmes, involved a high-profile defendant in a criminal case (the person who shot up the Colorado movie theatre – allegedly), but these cases should not turn on whether the person claiming a privacy right is sympathetic.

The key for the court is contained in this passage . . . [more]

Posted in: Substantive Law: Foreign Law, Technology: Internet, ulc_ecomm_list

Electronic Evidence: Spreadsheets Are Not Expert Evidence

In a recent civil case, the British Columbia Supreme Court had to decide on the admissibility in evidence of a database of transactions under a contract, and the results of SQL analysis of the database that produced a number of Excel format spreadsheets. The people who generated the spreadsheets were available to testify in person about how they had run the queries: Animal Welfare International Inc. v. W3 International Media Ltd., 2013 BCSC 2193 (CanLII).

The opposing party submitted that the analysis done in extracting the data constituted expert evidence, and the witnesses needed to be qualified as experts . . . [more]

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

Electronic Communications Under Federal Law

The electronic documents part of the Personal Information Protection and Electronic Documents Act (PIPEDA) generally operates on an opt-in basis. Thus, for example, s. 41:

A requirement under a provision of a federal law for a document to be in writing is satisfied by an electronic document if

(a) the federal law or the provision is listed in Schedule 2 or 3; and

(b) the regulations respecting the application of this section to the provision have been complied with.

To date, only the Federal Real Property and Federal Immovables Act and a small part of . . . [more]

Posted in: Substantive Law: Legislation, Technology, ulc_ecomm_list