In a decision released earlier this month a strong panel of the Ontario Court of Appeal took a look at one aspect of the issue of what constitutes a “record,” in this case for the purposes of applying the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M. 56. Toronto Police Services Board v. (Ontario) Information and Privacy Commissioner 2009 ONCA 20 entailed a request by a journalist for information stored in Toronto police databases in a format different from the one used by the police. The data could have been produced in the . . . [more]
Archive for ‘Substantive Law: Judicial Decisions’
Slaw’s own Ted Tjaden is quoted in this week’s Lawyers’ Weekly on whether the free access to the law movement has reached the point of such reliability and comprehensiveness that it can be considered as an adequate substitute for the commercial giants. Canlii’s Daniel Poulin comes to the defence of Canlii.
“I rarely use free resources,” Tjaden said.
“We have the luxury of having one of the better-equipped law libraries in a Canadian law firm with extensive print resources and online subscriptions.
“Although free search engines do supplement the legal research I do, we continue to rely on the value-added
. . . [more]
“Why shouldn’t we look to the wisdom of a judge from abroad with at least as much ease as we would read a law review article from a professor?”
For Slaw readers, the most interesting line is:
The Canadian Supreme Court, she said, is “probably cited more widely abroad than the U.S. Supreme Court.” There is one reason for that, she said: “You will not be listened to if you don’t listen to others.”
This . . . [more]
From the Pacific a significant decision has prompted a new Grundnormon the judgment of the Fiji Court of Appeal which resulted in the President suspending the constitution and reappointing the interim executive that came to power in the coup. Here is the judgment appealed from. . . . [more]
Apparently fed up with judges who sit on decisions for ever and ever, the government in Guyana is bringing in legislation, the Judicial Decisions Bill, that will place a 120 day absolute limit on how long after the conclusion of a civil trial a judge may take to release the decision. The statute requires a judge to give a decision as expeditiously as possible after the end of a trial, and persistent failure to abide by the ultimate limit may result in the judge’s removal from office.
Are there any such legislative requirements in Canada? I couldn’t find any with . . . [more]
Case citations exist primarily for the purpose of enabling a researcher to locate the full text of a judgment or the decision of an administrative tribunal. The primary purpose of a style guide for legal citation is to ensure that everyone can understand how various combinations of numbers, letters, brackets and punctuation make it possible for the reader to find the full text of a case referred to in a book, article or another case. There are other uses, such as case citators, but the main purpose of a case citation is to provide the means to easily locate a . . . [more]
I posted on SLAW over one year ago on the issue of Copies of cases for court – official print reporters versus online versions.
I continue to hear of a “preference” for copies of cases photocopied from print case law reporters, often in terms of “the judge prefers print copies.”
Although Simon Fodden correctly pointed out in a comment to that post that the Ontario Court of Appeal formally allows electronic versions of cases, as per s. 10.5 of their Practice Direction Concerning Civil Appeals in the Court of Appeal, is there a need for the Ontario legal . . . [more]
IBM’s ManyEyes [Slaw posts] has introduced a new visualization tool, Phrase Net, that graphically presents pairs of words in a text depending on the term that links them. Thus, if the linking term “a” is chosen, Phrase Net would find in the prior sentence “introduced | new” and “in | text”. The visualization comes with a menu of ready-made linkage terms, such as “and” “is” “‘s” etc. as well as a text box that lets you put in a linkage term of your choosing. (And for the sophisticates, there’s the ability to use regular expressions.)
I’ve uploaded . . . [more]
In a recent post, Simon Chester drew attention to an article entitled “Electronically Manufactured Law – Why the shift to electronic research merits attention” that was published in the Fall Issue of the Harvard Journal of Law and Technology. In the article, the author discusses changes that may be expected in legal research resulting from the shift in legal research from print based case research to electronic sources.
The article is thought provoking with regard to the possible changes that may result from such a shift but incidentally highlights the significant differences that exist in legal research methodology and resources . . . [more]
Hat tip to my young – and learned – friend John Salloum for alerting me to para 28 of Leduc v. Roman, 2009 CanLII 6838 (ON S.C.) which suggests that there may be a new standard of care for Ontario lawyers emerging when advising their clients about litigation against an individual.
The issue in the story discussed by CTV arose in the context of a personal injury case where Facebook was specifically discussed during the discovery process, but the ruling by Justice David Brown of the Ontario Superior Court of Justice appears to go beyond the narrow context in . . . [more]
This post is what you call “an attention getter.” It will raise eyebrows, but I promise its content is completely family – unless you let your imagination get away from you. No pharmaceutical products are being promoted by this post in any way.
I do apologize to e-mail subscribers of Slaw because their spam filters probably will catch this, if they’re doing their job.
Drafters of legislation can have rather dull jobs at times. At least that’s what my statutory interpretation professor, Randal Graham, claims. He is probably the foremost authority in the field and also drafts . . . [more]
On behalf of trees everywhere I have made an initial inquiry with the powers that be asking why the weekly paper part of the Ontario Reports is not distributed only in digital format.
Although this issue may of less interest to those outside of Ontario, it does raise questions that are regularly discussed on SLAW.
Background: Members of the Law Society of Upper Canada receive a weekly paper part of the Ontario Reports as part of their membership fees. It contains (in this order): a Table of Contents with brief details of typically 5 to 7 cases per weekly . . . [more]