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Archive for ‘Substantive Law: Judicial Decisions’

Guidelines for Canadian Court Web Sites

When Dominic Jaar became the CEO of the Canadian Centre for Court Technology, he immediately set out to constitute several “IntellAction” working groups. One of these groups had the mandate to promote the modernization of court web sites in Canada by way of producing guidelines on topic.

Dominic knew this was an area of strong interest to me, so he asked me to lead the group. We built the membership last September to include fair representation from the judiciary, lawyers in private and public sector practice, the Courts Administration Service, a few other areas and a journalist to represent . . . [more]

Posted in: Legal Information, Legal Information: Libraries & Research, Substantive Law: Judicial Decisions

Lawyer Type (4): Ragged Is Right

In legal documents it’s the job of print to deliver the message smoothly and then get out of the way as fast as possible. Lots of things go into making this possible, as any book or magazine publisher will tell you, including the choice of typeface, point size, space between lines (leading) and colour of paper. Yet, when it comes to the preparation of legal documents the profession seems to be willfully ignorant about what makes for persuasive print, favouring remnants of the typewriter age combined with bad aspects of word processing technology.

I want to focus now on only . . . [more]

Posted in: Legal Information, Legal Information: Publishing, Reading, Substantive Law: Judicial Decisions

Which Hat Do You Wear?

Personally, I’m on a campaign to bring the fedora back in style but if you are an NFL fan you might choose to wear a baseball style hat with your favourite team’s logo prominently displayed (hey, it’s January 15 it’s about time for me to make a post relative to sports). If you have purchased this hat recently it’s likely to be made by Reebok, which is the genesis of a U.S. court case between the (deep voiced commentator) National Football League and Amercan Needle a hat manufacturer, with potentially far reaching implications which have been commented on widely in . . . [more]

Posted in: Legal Information, Substantive Law, Substantive Law: Judicial Decisions

SCC as Court of Last Resort Since 1949?

I thought I knew everything about legal research.

I don’t (although I suspect Simon, Simon and Angela do).

And to my surprise, it was Wikipedia that was my source for new information (in particular Wikipedia’s entry on the Judicial Committee of the Privy Council).

We all know that civil appeals from the Supreme Court of Canada to the Judicial committee of the Privy Council were abolished in 1949.

In telling students this, I think I inevitably left the (mistaken) impression, by inference, that one did not need to worry about noting up Supreme Court of Canada cases after 1949 . . . [more]

Posted in: Legal Information, Legal Information: Libraries & Research, Substantive Law, Substantive Law: Judicial Decisions

Arbitration in Bahrain

The Kingdom of Bahrain has launched the Bahrain Chamber for Dispute Resolution. This initiative of the Ministry of Justice and Islamic Affairs will deliver international ADR services in cooperation with the American Arbitration Association. TimesOnline’s Law Central has the story.

What makes this project interesting is that Bahrain has passed legislation ensuring that when parties agree to arbitration by the BCDR the result will be binding and beyond challenge in the Bahrain courts. Presumably, they’ll have better luck with their “privative” provisions than has been the case elsewhere.

At present the link to the BCDR opens only . . . [more]

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

Catching Up With the Law Librarian Podcast

It’s been a little while since I wrote about The Law Librarian podcast created by Richard Leiter and available over at BlogTalkRadio and iTunes. I am one of several regular panelists; panelists now take turns participating in the shows depending on the topics. Richard has also expanded the schedule from once a month to once a month plus frequent updates, which will hopefully mean a new show every couple of weeks.

In case you missed them, the last two shows are:

Google Scholar Legal Opinions and Journals: A Conversation with Anurag Acharya (Dec. 4/09)
– Anurag Acharya is a . . . [more]

Posted in: Legal Information, Legal Information: Libraries & Research, Legal Information: Publishing, Substantive Law: Judicial Decisions, Technology

ONSC Implements the Neutral Citation for Case Law

Louise Hamel, manager of the Judges’ Library for Ontario Courts, just announced to Canadian legal publishers that beginning January 2, 2010, the Ontario Superior Court of Justice will assign a neutral citation to their decisions, except for the Small Claims Court.

The Neutral Citation Standard for Case Law was developed in 1998 by the Canadian Citation Committee, an informal group that brought together various specialists in legal information from the judiciary, academia and the publishing industry, including slawers Martin Felsky and Daniel Poulin. The standard was approved in 1999 by the Canadian Judicial Council and has since then been . . . [more]

Posted in: Legal Information, Legal Information: Libraries & Research, Legal Information: Publishing, Substantive Law, Substantive Law: Judicial Decisions

Judge Rules on Grammar, Syntax

A story that’s been making the rounds this week (LawyeristLegal Blog WatchABAJournal@davidtsfraser) deserves to be passed along one more step: U.S. Bankruptcy Judge Robert Kressel got fed up with the way lawyers wrote the proposed orders submitted to him, so he sent a memo to the whole bankruptcy bar setting out his rules for doing it right. They’re a mix of regs on proper form and injunctions about some stuff that should have been learned in grade school.

For instance, in addition to a request that documents be submitted in PDF electronically, . . . [more]

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

Lucasfilm Loses to Stormtrooper in U.K.

The Court of Appeal for England and Wales has ruled against Lucasfilm in its breach of copyright suit against Andrew Ainsworth, the British designer who produced the Stormtrooper costume for the Star Wars films. (Lucasfilm Limited et al. v. Andrew Ainsworth [2009] EWCA Civ 1328)

Ainsworth had been selling a few Stormtrooper helmets both in the U.S. and in Britain. Lucasfilm claimed that the models for the helmet were copyright works as “sculptures” within the meaning of s.4 of the Copyright Designs and Patents Act 1988. After a long review of the legislative history and the caselaw, . . . [more]

Posted in: Legal Information, Substantive Law, Substantive Law: Judicial Decisions

This Week’s Biotech Highlights

The Cross-Border Biotech Blog had a very blawg-y week this week with three posts on legal issues affecting the biotech world, thanks in part to my lovely and talented legal writer/spouse/editor/CMO Audrey Fried-Grushcow.

I kicked things off with a post on three need-to-know Canadian patent decisions that impact pharma, biotech and generics companies, pulling together three Ogilvy Renault bulletins into one executive-summary-level overview of key recent developments.

Audrey picked up the legal theme with a post noting oral arguments at the U.S. Supreme Court for a case under the False Claims Act (FCA) in which amici curiae PhRMA and . . . [more]

Posted in: Legal Information, Substantive Law, Substantive Law: Judicial Decisions