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Archive for ‘Columns’

The Best “People” Resources

Do you have people you can rely to help you when you have an FCIL research question? If yes, great! If no, or even if yes, read on because I’m about to drop some knowledge about which “people resources” are the best and what they are. These resources are helpful if you are a foreign, comparative, and international law (FCIL) librarian or legal information professional or specialist or someone who works with FCIL materials or a generalist who gets FCIL-related questions re from time to time. You can start out small (one-on-one) or go big (listservs, conferences, twitchats, associations, interest . . . [more]

Posted in: Legal Information

Stealing Your Professional Identity: Online, It’s Just Too Easy

Increasingly, professional services are available through global online platforms. It’s a popular concept and Upwork is a leading example.

Upwork is a global freelancing platform with twelve million registered independents (sellers) and five million registered clients (buyers). The result of a merger between two mega-sites (eLance and oDesk), Upwork is probably the world’s largest such platform.

Through Upwork, businesses find and work remotely with independent professionals all over the world. Hirers can find freelancers in the areas of app and software design, engineering and data science, business and administrative services, creative services such as writing and graphic design and even . . . [more]

Posted in: Legal Technology

Scarcity and Justice

Close your eyes. Imagine living in a small apartment, with your partner and your two children. You bought it because four years ago a salesman told you it was cheaper to buy than to rent. You feel cheated because there’s so much to the deal that you feel he did not tell you. But you signed so you’re stuck, the bank says. You have a job as a foreman in construction – a flex-contract on which you’ve worked for more than five years. It asks long hours, regular work in the weekend, and provides limited long-term security. You think that’s . . . [more]

Posted in: Practice of Law

Do KODI Boxes Infringe Copyright?

The Federal Court recently issued a temporary injunction on the sale of pre-loaded TV set-top boxes (known more popularly as KODI boxes) that allegedly encourage or enable copyright infringement. The relatively simple issue of whether an injunction should be granted (currently under appeal) masks the complexity of the underlying facts and legal issues at play. In what follows I discuss these complexities in connection with the two main bases of potential liability: (1) authorizing infringement and (2) enabling infringement.

KODI boxes are a multidimensional technology

The first complexity is the technology itself. These pre-loaded boxes are multidimensional both in . . . [more]

Posted in: Intellectual Property

The Passing of Maritime Law Book – the End of an Era.

While not unexpected, the announcement by Eric Appleby that Maritime Law Book will be closing its doors in November 2016, is still a bit of a shock. No one has done more than Eric and his indomitable team at Maritime Law Book to transform the nature of the case law reporting in this country. Unfortunately, access to free case law online and cost cutting by customers have combined to undermine the business model for Maritime Law Book, making its demise an inevitability.

When simple access was the issue

Few will remember a time when access to case law was extremely . . . [more]

Posted in: Legal Publishing

The Enbridge Decision and Beyond: Issues to Watch Following Gitxaala Nation v Canada

The length of time that Enbridge Northern Gateway’s oil tankers and pipelines proposal has managed to stay afloat –despite widespread opposition and the lack of any firm commercial contracts for use of its pipelines –once prompted my colleagues here at West Coast Environmental Law to ask, as John Cleese does in the famous Monty Python sketch, whether the Enbridge project was dead or merely resting.

In this vein, the recent Federal Court of Appeal (FCA) decision in Gitxaala Nation v Canada was heralded as a major legal victory for Indigenous peoples opposing the opposing the Enbridge pipelines and tankers . . . [more]

Posted in: Justice Issues

Can You Stop Networking?

It is not an understatement to say that in professional services, networking is one of the most important parts of our job. Connections are critical, projects cannot be completed without people. There are lots of different ways to network and finding what works for you is essential. Recently, I connected with someone that defies conventional wisdom. He doesn’t care about first impressions, considers nearly all networking a waste of time and believes the key to networking is to stop networking.

What he realized is that people are not interested in networking conversation, they want real conversations and real relationships. And . . . [more]

Posted in: Legal Marketing

HeinOnline and LLMC-Digital: Friends When We Need Them

I’ve written often about the preservation of and access to Canada’s print legal heritage, most recently last December here, and bemoaned the fact that we in Canada are doing so little – in fact, as good as nothing – to advance the matter. Fortunately, we have friends who are stepping up to the plate to do something about it for us, even without our having to ask. At the recent annual conferences of CALL (Canadian Association of Law Libraries, in Vancouver last May) and AALL (American Association of Law Libraries, in Chicago last July), there . . . [more]

Posted in: Legal Information

Plus Ça Change, ….

Incremental change, disruption, new approaches, … we’ve talked about these issues for a long time. A long time! I plunged into the legal KM “pool” at the turn of the century, and it seems that, 16 years on, we’re still talking about many of the same issues. Granted, there are differences now, one of the most notable being that there were no legal-specific search engines available at the time. But although such search engines are available, their high all-in cost is such that, even now, only the larger firms and in-house departments have them available.

Recently, I attended a meeting . . . [more]

Posted in: Legal Technology

Indecent Proposal?: Whistleblowing and Putting a Price on Breaching the Rules of Professional Conduct

Earlier this year, I wrote a column expressing concerns about a proposed Ontario Securities Commission (“OSC”) policy designed to encourage certain individuals, including in-house lawyers, to report serious securities or derivatives-related misconduct to the OSC in exchange for financial rewards of up to $5 million. Similar concerns were relayed directly to the OSC in January 2016 in a letter I co-signed with other legal ethics scholars and practitioners and in a letter from Janet Minor, the then-Treasurer of the Law Society of Upper Canada (“LSUC”).

One major concern raised was that the proposed policy would allow, and indeed, encourage in-house . . . [more]

Posted in: Legal Ethics

Managing Copyright Issues With Successive Designs

Given that copyright arises automatically upon the creation of an original work fixed in a tangible form issues can arise when a first work is used and subsequent works are made after earlier designs. The Supreme Court of Nova Scotia considered these issues in MacNutt v. Acadia University, 2016 NSSC 160 in a case that illuminates some of the issues and the roles of designers and architects.

Acadia University was planning a possible expansion to its Alumni Hall. The existing hall is a modified Georgian style and the applicable architectural guidelines dictated a Georgian style for the addition.

Acadia . . . [more]

Posted in: Intellectual Property

When Justice Doesn’t Scale: Some Thoughts on the First Nations Court

I was recently lucky to attend the Law Courts Center‘s Truth and Reconciliation Dialogues – “A View from the Bench” with Judge Marion Buller. Judge Buller talked about having a crisis of conscience in adjudicating cases with Aboriginal defendants and approaching the Chief Justice with the idea of a First Nations court, which was founded almost ten years ago.

The court is run out of the courthouse in New Westminster, British Columbia, with duty counsel and elders who get honoraria, but it has been unfunded until recently. It is a sentencing court that is open to people who self . . . [more]

Posted in: Legal Information