Archive for the Category "Firm Guest Blogger"
« Older EntriesEmbrace New Ideas
♫ I’ve got a wealth of new ideas
I’ve got so many new ideas
I’ve got so many new ideas
I’ve got so many new ideas
(Show me, show me, show me all your new ideas)…♫
Lyrics, music and recorded by The Dykeenies.
In Nicole Garton-Jones’ post on “A Different Way to Look at Law Firm Strategy” we delved into the [...]
A Written Advocacy Quiz
[QUIZZIN 1]
Posted in Firm Guest Blogger, Miscellaneous | No Comments »>
The Obstructionist Self-Represented Accused: The Challenge of Control
Of the many challenges facing trial judges, one of the greatest is conducting proceedings with a self-represented accused. Invariably the self-represented accused comes to court with only a rudimentary knowledge of the trial process, often influenced by misleading depictions from television shows and the movies. He or she is unfamiliar with the substantive law, is [...]
Posted in Firm Guest Blogger, Legal Information, Practice of Law, Substantive Law, Substantive Law: Judicial Decisions | No Comments »>
Lawyers, Courts, and Technology
Many lawyers assume that the Court process is unable or unwilling to take advantage of available electronic technology. Sometimes they are correct.
The problem is often one of communication. In many Ontario centres the lawyers are unaware until the last moment of who will be presiding over their case; and most often judges are unaware of [...]
Should Law Offices Go Paperless
At issue in the GasTOPS trial was the development and sale of a software program for the computerized maintain of jet engines and aircraft. The benefits of a Computerized Maintenance Management System are that it reduces maintenance mistakes while at the same time reducing labour costs.
When I fly on an airplane or ride on [...]
The Computerized World of a Circuit Judge
I have been a judge of the Superior Court of Justice for 4 1/2 years. In that capacity, I am asked to preside over a wide variety of cases and hearings which include criminal jury trials, criminal non jury cases, family law trials and motions, civil motions and trials, and a number of other issues.
From [...]
Technology and Its Effect on Access to Justice, Advocacy, and the Judiciary
On the 22nd of October 2002 the evidentiary phase of GasTOPS v. MxI commenced in a regular courtroom in Ottawa Ontario. On March 23, 2006 after approximately 300 days of hearing and after approximately 2800 exhibits (70,000 pages) were entered into the record I reserved my decision. Over the next 20 months counsel submitted their [...]
Posted in Firm Guest Blogger, Practice of Law, Substantive Law | 7 Comments »>
Judges Guest Blogging
This month our guest blogging institution isn’t a firm, but a group of judges from the Ontario Superior Court of Justice. As always, when we have an institutional guest blogger, we’ll identify the guest posts with a banner. You’ll see the one below starting tomorrow, Monday:
We hope you’ll join in and give our guest the [...]
Posted in Administration of Slaw, Firm Guest Blogger | No Comments »>
People Expect More From Government Today
Fifty years ago, if we were to ask Canadians, “What are your expectations of government?” the answer would likely be: “I expect that my government should make good decisions.” Meeting this expectation by making laws, regulations and policies that treated everyone the same seemed an acceptable standard of fairness.
Within the next 20 years, provincial ombudsman [...]
Fairness Principles v. Legal Rights
The quintessential work of a parliamentary ombudsman requires the application of fairness principles to the decisions, actions and general conduct of the public service. These principles require that those decisions, actions and conduct be reasonable; consistent with law; just; and not oppressive or improperly discriminatory.
As a practicing lawyer for over twenty years, I am [...]
Administrative Justice in British Columbia – The Road Less Travelled
Representing the best interests of the client, the adversarial system, and legally enforceable court decisions — these are the signposts on the well-travelled road to justice in the common law system. All you need is access to the resources necessary to pursue a case through to the end of the process.
But what if you lack [...]
The Ombudsman’s Equitable Intervention
“That the Ombudsman’s powers of investigation and reporting were meant to extend beyond those cases in which the complaining party asserts a cause of action is evident […] it was, at least in part, the lack of any remedy at law for many administrative injustices that gave rise to the creation of the office of [...]
Posted in Firm Guest Blogger, Substantive Law | No Comments »>
The Ombudsman as “Architect of Better Governance”
Ombudsmen are a rather strange breed of public official –- we have very robust investigative powers, such as the ability to examine witnesses under oath and to gain entry into government premises. But we have no powers of enforcement. We cannot impose a solution or make our recommendations binding.
Nevertheless, we can recommend resolutions, not [...]
Firm Guest Blogger: Ombudsmen
As our guest this month we have not a firm but the Ombudsmen from the provinces of Ontario, Quebec, British Columbia, Newfoundland and Labrador, and Saskatchewan.
Also, we are inviting our guests to join us a week earlier than usual this month because the Canadian Council of Parliamentary Ombudsman chose this week to commemorate the [...]
Regulatory Intervention in Shareholder Rights Plans
On August 25, 2009, the Alberta Securities Commission dismissed an application by TransAlta Corporation to cease trade the shareholder rights plan of Canadian Hydro Developers Inc. The TransAlta take-over bid for Canadian Hydro Developers was scheduled to expire, unless extended, on August 27, 2009 and was effectively blocked by the rights plan. Although [...]
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