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Archive for ‘Practice of Law’

SCC Recognizes Blogging

Small footnote to the SCC’s recent decision in Simpson v. WIC and Mair.

LeBel J’s concurring judgment mentions blogs:

[73] This is all the more true in an age when the public is exposed to an astounding quantity and variety of commentaries on issues of public interest, ranging from political debate in the House of Commons, to newspaper editorials, to comedians’ satire, to a high school student’s blog. It would quite simply be wrong to assume that the public always takes statements of opinion at face value. Rather, members of the public must be presumed to evaluate comments

. . . [more]
Posted in: Practice of Law, Substantive Law: Judicial Decisions, Technology: Internet

A Legal Wiki on Legal Wikis

An odd sort of an announcement today about a White Paper on the implications of Web 2.0 for the legal profession, but without any indication how to find the white paper.

Here is the press release:

Collaborative Network Addresses Emerging Legal Issues

2008-06-26 21:58:06 –

– nGenera, together with California law firm Folger, Levin & Kahn, and Legal OnRamp, today announced that they had collaborated to use a wiki tool to author a sophisticated white paper on legal issues presented by new Internet technologies, including wikis themselves. . . . [more]

Posted in: Practice of Law, Technology

Judicial Council Report on Reforms

From the Canadian Judicial Council press release:

The Canadian Judicial Council has released a report on reforms undertaken across Canada to make it easier and more affordable for Canadians to seek justice in the courts. The Chief Justice of Canada, the Right Honourable Beverley McLachlin, who also heads the Council, has identified access to justice as one of the most important challenges facing the justice system today. …

This report, which was undertaken by a sub-committee of the Council’s Administration of Justice Committee, is based on records developed at its request for the new Inventory of Reforms created by

. . . [more]
Posted in: Practice of Law, Substantive Law

Information Inflation and the Law

Thanks to our friends at Spada’s new Swordplay site for links to an article at the Richmond Journal of Law & Technology on INFORMATION INFLATION: CAN THE LEGAL SYSTEM ADAPT which asks, how do vast quantities of new writing forms challenge the legal profession, and how should lawyers adapt?

It’s written by George L. Paul, a partner in Lewis and Roca, LLP and Jason R. Baron, Director of Litigation at the National Archives and Records Administration.

The piece is well worth your attention. . . . [more]

Posted in: Legal Information, Legal Information: Information Management, Practice of Law, Substantive Law, Technology

BCE Decision Day

The Court has spoken, and it has said that BCE won.

This is all that is said:

The appeals from the judgments of the Court of Appeal of Quebec (Montréal), Numbers 500-09-018525-089 and 500-09-018527-085, dated May 21, 2008, heard on June 17, 2008, are allowed with costs throughout. The decision of
the Court of Appeal is set aside and the trial judge’s approval of the plan of arrangement is affirmed.

The cross-appeals from the judgments of the Court of Appeal of Quebec (Montréal), Numbers 500-09-018524-082 and 500-09-018526-087, dated May 21, 2008, heard on June 17, 2008, are dismissed with

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Posted in: Practice of Law, Substantive Law, Substantive Law: Judicial Decisions

Kyoto and Justiciability

Chris Paliare was on his feet today, arguing for Friends of the Earth in a Federal Court judicial review to to force the Canadian government to follow the Kyoto Protocol Implementation Act, passed by Parliament a year ago. The case is a global first in seeking enforcement of the Kyoto Protocol, an international treaty ratified by 180 countries, including Canada.

The Notice of Application from September 2007 is here. Press releases are here and here.

Justice lawyers argued
that the Kyoto act is one of a few “unusual” statutes that Parliament never intended the courts . . . [more]

Posted in: Practice of Law, Substantive Law

Deciding Cases on Authorities Not Cited by the Parties

Today’s Wisconsin Law Journal raises a neat issue: whether it’s appropriate for judges to conduct their own research and decide cases on authorities not cited by the parties. I know this is an issue that we’ve blogged on before and because of Semelhago v. Paramadevan Professor Swan feels strongly about the appropriateness of it..

The Wisconsin case (decided by the Court of Appeals) settled that it wasn’t improper for a circuit court to do independent research, since a competent judge has a duty to ensure the correct law is being applied.

The case is Camacho v. Trimble Irrevocable Trust . . . [more]

Posted in: Practice of Law, Substantive Law: Judicial Decisions

‘The Holy Grail of Archival Collections’

That’s what the Globe described the Steele Collection as this morning.

But for Slaw readers, the description better applies to The Times unveiling of the most significant cases reported in the paper from 1785 to 1869, including links to the actual reports from The Times of that period.

David Pannick introduces the concept. . . . [more]

Posted in: Legal Information, Practice of Law, Substantive Law

Justice for Nunavummiut

The Canadian Forum on Civil Justice has released a 70-page report “Justice for Nunavummiut: Partnerships for Solutions” [PDF]. (Nunavummiut are Inuit living in Nunavut or who regard the territory as their home.)

This extensive study “presents recommendations for the following key issues:”

1. Access to public legal education and information
2. Access to legal services and legal professionals
3. Litigants with unequal power
4. Enforcement of court rulings, laws and entitlements
5. Specific issues related to Family, Civil and Administrative Law
6. Geographic parallels and variations
7. Creating an evidence base – A recommendation for research

. . . [more]
Posted in: Practice of Law, Substantive Law

Important Articles Dropped From Print

Here are a couple of links to interesting pieces that editors (in their infinite wisdom) decided didn’t need to appear in the print versions of either the Globe and Mail or Canadian Lawyer.

Martha McCarthy was asked to comment on the five years that have elapsed since the Ontario Court of Appeal’s Halpern decision.

Philip Slayton talks about how little we actually know about the judges of the Supreme Court of Canada. He observed from a conversation in a Yaletown bar that it was easier for two Canadian lawyers to list members of the U.S. Supreme Court . . . [more]

Posted in: Miscellaneous, Practice of Law, Substantive Law, Substantive Law: Judicial Decisions