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Archive for ‘Substantive Law’

Book on Loss of Reputation and Internet Privacy

Here’s a new US title that should be of interest to Slawyers. Its available in print from Yale UP, or online for free.

Daniel Solove, a lawyer and blogger, takes a look at the long term effects of the Internet on personal privacy and the legal ramifications of a loss of reputation. People often struggle with the fine line between privacy and free speech on the Web. You can share personal information about yourself or a friend on a blog, not realizing that it will be there for anyone — including future employers and dates — to see. […] The

. . . [more]
Posted in: Reading, Substantive Law

Avoiding a Malpractice Claim: The 2008 Most Popular practicePRO/LAWPRO Downloads

practicePRO, LAWPRO’s risk management and claims prevention initiative, provides lawyers with tools and resources to help them succeed in the practice of law and avoid a malpractice claim (see this article for information on the most common legal malpractice claims).

As we have completed another year we have updated our most popular downloads list. What are other lawyers looking at? The top 5 downloads were as follows:

1 Peg Duncan’s Canadian focused E-Discovery Reading List
2 Rollie Thompson’s article on the Spousal Support Advisory Guidelines
3 A LAWPRO Magazine article on The Dangers of Metadata
4 A sample . . . [more]

Posted in: Practice of Law, Practice of Law: Marketing, Practice of Law: Practice Management, Substantive Law, Technology

Cromwell Sworn In

Just to keep things current with respect to the Thomas Cromwell Pages, here’s a December 23rd update from the Supreme Court on the status of the new member of the Court, Mr. Justice Thomas Cromwell:

The Right Honourable Beverley McLachlin, Chief Justice of Canada, announced today that The Honourable Thomas Cromwell will be sworn in as a justice of the Supreme Court of Canada on January 5, 2009 at a private ceremony. The official welcome ceremony for Justice Cromwell will take place at 10:30 a.m., on February 16, 2009, in the Main Courtroom of the Supreme Court of Canada.

. . . [more]
Posted in: Miscellaneous, Substantive Law

Nothing to Yahoo About…

♬ I am the eye in the sky
Looking at you
I can read your mind♬

Words and Music by Eric Woolfson, recorded by the Alan Parsons Project.

Recently my attention was drawn to a little-known feature that uses both inside and outside the Yahoo network. This feature is known as “web beacons” ( A web beacon, according to Wikipedia, is a “web bug“. Wikipedia states: . . . [more]

Posted in: Substantive Law, Technology


Nimonik is a Canadian outfit that offers to keep companies up to date on federal and provincial environmental regulations, as well as municipal bylaws for Montreal, Toronto and Vancouver. The website provides updates on legislation and relevant rulings concerning a wide variety of industrial activities — e.g. air emissions, contaminated sites, emergency situations, fuel transfers, hazardous material management. Members of the site may comment on the material and have those comments restricted to their company’s account. There is the ability as well to integrate a corporate environmental management system register with Nimonik and have it kept up to date in . . . [more]

Posted in: Legal Information, Legal Information: Publishing, Substantive Law

ALRI’s Comprehensive Law Reform Project

As we know, law reform can take many forms. The LCO has already undertaken very different kinds of projects. Its division of pensions on marital breakdown project was a relatively straightforward statutory amendment exercise. It could have been more extensive and comprehensive, but we decided, for several reasons, to do a “quick and dirty” job on this issue. We have also begun major, multidisciplinary projects that are ambitious in scope; our older adults project, designed to develop a coherent approach to the law as it affects older adults is an example and it expected to take about three years to . . . [more]

Posted in: Substantive Law

Destroying Data

I’d like to update my thinking on the following question:

What is the responsible way to get rid of electronic information that one does not want, or that one has a legal duty to get rid of (like irrelevant personal information)?

Some of the alternatives:

  • delete the information from one’s drive. (unlikely to be satisfactory, since ‘undelete’ programs are readily available)
  • reformat the drive
  • apply a specialized ‘wiping’ program (one or more times)
  • destroy the drive physically
  • encrypt the data on the drive then destroy the keys

Ontario’s Information and Privacy Commissioner takes the view that the best way properly . . . [more]

Posted in: Administration of Slaw, Practice of Law, Substantive Law, Technology, ulc_ecomm_list

The “Right” to a Quality Legal Education

Most of our readers would be aware of the ongoing strike at York University led by CUPE 3903. York administrators have also indicated serious financial difficulties.

What people may not have realized is that the strike also affects law students at Osgoode Hall.

A second-year Osgoode student, Thomas Wisdom, shares the challenges some of his peers are facing,

First- and second-year students with summer jobs: A lot of people are ecstatic about the fact that they will be gainfully employed at law firms in the summer months… [but] they face the frustration of renegotiation start dates with

. . . [more]
Posted in: Education & Training, Substantive Law, Technology

Selling It… With Standards

If you’re ever at a loss for a hit of quasi-judicial material that’s easy on the brain and fun to read, try the adjudications of Britain’s ASA (no, as Michael lines would say, not that ASA, or that, or that or…), the Advertising Standards Authority. The association’s adjudications are made available on a well-designed website, week by week, set out with brevity, and linked to the particular standard that was alleged to have been violated. The one that caught my interest involved a broadcast ad by Moët Hennessy UK Ltd. that:

showed a man sitting on a couch with

. . . [more]
Posted in: Legal Information, Legal Information: Libraries & Research, Substantive Law, Substantive Law: Judicial Decisions

Changes to Regulations and Expert Evidence

As part of our current awareness services, we troll the Ontario Gazette looking for regulatory changes of interest. I found in the December 27 issue an amendment to the Rules of Civil Procedure which I think may provoke some interesting discussion before it comes into force on January 1, 2010.



4.1.01 (1) It is the duty of every expert engaged by or on behalf of a party to provide evidence in relation to a proceeding under these rules,

(a) to provide opinion evidence that is fair, objective and non-partisan;

(b) to provide . . . [more]

Posted in: Substantive Law

Log Retention Initiatives

I wrote two weeks ago about privacy issues related to the log files that are created and retained by internet companies. The moral of that story was that there is a significant amount of information that is collected in these logs and when they are retained and collated, they can reveal a lot of personal information. I concluded by saying:

I don’t think it’s too far fetched to think of a day when it will become standard for all investigations involving the internet to include a warrant served on Google or Yahoo! or Microsoft for all logs related to a

. . . [more]
Posted in: Substantive Law

Sun and Shadow

I forgot to celebrate the winter solstice, when the days start to lengthen once more and sunlight seems to be a thing you can bank on even though brutal January and February lie ahead. But if time “creeps in this petty pace from day to day,” so does this lengthening of light; a measly 38 seconds got tacked on to yesterday, for example. I know this because of, a business in Barrie Ontario that specializes in locating the sun in the sky — anytime, anywhere.

Knowing how Sol was (or will be) there (or here) can be of . . . [more]

Posted in: Practice of Law, Substantive Law