I have been told the CBA Immigration section is the most active of all the sections within the CBA. For years, the highlight for this section has been the CBA Immigration Law Conference where we regularly see 400 to 500 practitioners descent into a Canadian city to discuss recent policy & program updates from IRCC & CBSA. We review significant caselaw and hear from the lawyers who argued those cases, including lawyers from the Department of Justice who offer their perspective, and we opine (sometimes with vigor) on all the changes we would like adopted. I have been attending these . . . [more]

This morning I had by email a long-wished-for letter (laid out like a typical business letter, with letterhead and date and address etc.) from the company financing my car, telling me my loan was now paid in full. It finished with the usual cordial invitation to contact them if I should need any further services, then ‘sincerely, [name of company]’, then:

“NOTE: This letter is computer generated; no signature is required.”

And sure enough, it looked like an old computer printout, as if it had holes up the side to feed it through a printer, and an ancient font, pre-Courier. . . . [more]

I spend a lot of time in this column talking about the future of legal technology. Today, I’d like to give you something a little more practical, and help you use the technology you already have.

Let me share with you the one thing that I wish every lawyer and law student knew about Microsoft Word: Multilevel lists.

In the toolbar of Microsoft Word you will find Multilevel lists just to the right of bullets and numbered lists.

Click on that button, and a menu appears. You’re going to want to click on “Define New Multilevel List…”

In the screen . . . [more]

Written by Daniel Standing LL.B., Editor, First Reference Inc.

In modern times, employers and investigators alike must be increasingly technologically savvy. Evidence can take on many forms, including texts, emails and information posted to social media accounts. Many employers provide phones to their employees which are password-protected and rely on virtual storage of data in the “cloud.” As the workplace becomes further digitized, and as more offices become mobile or virtual, workplace investigations will increasingly target such elusive electronic data. As illustrated in the recent British Columbia labour arbitration decision District of Houston v. Canadian Union of Public Employees, Local . . . [more]

A recent University of Hertfordshire study found that the majority of second-hand hard drives contain previous owner’s data. They purchased 200 used hard drives, and found that 59% still contained data from previous owners.

ZDNet has the details of the findings, and more importantly, 14 ways to wipe them effectively.

Every electronic device has some sort of memory that can potentially contain sensitive, confidential, or personal information. That includes computer hard drives, solid state drives, thumb drives, photocopiers, phones, cars, watches, smart TVs, and the list goes on. Whether we are disposing them, selling them, or returning them, we need . . . [more]

1. Review your multi-year accessibility plans by January 1, 2020

On January 1, 2014, section 4(1) of the Integrated Accessibility Standards, Ontario Regulation 191/11 under the Accessibility for Ontarians with Disabilities Act (AODA) required the Government of Ontario, Legislative Assembly, designated public sector organizations and large organizations (50 plus employees) to have multi-year accessibility plans in place and posted on their websites (if any), and to provide the plan in an accessible format upon request.

The multi-year accessibility plan must inform and outline the organization’s strategy for preventing and removing barriers faced by persons with disabilities and also for meeting . . . [more]

Prior to Ontario’s most recent provincial election, I didn’t know much about Pro Bono Ontario (“PBO”), a registered charity since 2001 which serves just under 30,000 clients each year from 11 locations. I wasn’t a litigator, and my clients were large corporations, not regular, everyday Canadians, so it wasn’t part of my world. But earlier this year, PBO gave a most impressive presentation to the Legal Innovators Roundtable describing how it was achieving maximum impact with a modest budget through its Free Legal Advice Hotline, using a thoughtful blend of volunteers as well as old and new technology. It sounded . . . [more]

The issue

Microsoft supports its operating systems for only a fixed period of time after that version is replaced. For Windows 7 support ends in January 2020.

Why does it matter?

Microsoft will no longer provide bug fixes or security updates. And no longer provide technical support. Continuing to use Windows 7 after that date thus carries a higher risk of security problems and software incompatibility problems. About 40% of PC’s still use Windows 7, so a lot of computers need to be updated.

What do you need to do about it?

January 2020 sounds like it is a . . . [more]

The Office of the Information and Privacy Commissioner of Alberta has published guidelines on how to manage emails to minimize organizational risks and expenses that could be caused by a privacy breach. The guidelines indicate that “In light of the vast quantities of email sent and received daily by an organization, email management is not just a records management issue, but is also a necessary business process” that should be managed in accordance with records management principles and the requirements of Alberta’s access to information and privacy legislation. Although the guidance provided in this document is directed at managing emails, . . . [more]

In France, the right to disconnect was made law on January 1, 2017, “requiring employers to have clear policies in place regarding when employees engage in workplace communication outside of the office and when on vacation.” This law is because of a French Supreme Court Case in 2001 that “held that “the employee is under no obligation either to accept working at home or to bring there his files and working tools”. In 2004, this principle was confirmed again by the French Supreme Court which added in this case, “the fact that [the employee] was not reachable on his cell . . . [more]

Important changes to the Canada Labour Code were recently made (i.e., Bill C-63 and C-86, among others), but the government’s work to modernize the Canada Labour Code isn’t done yet. On February 20, 2019, the federal government convened an independent expert panel to provide advice on five complex workplace issues facing Canadian employers and employees due to the changing nature of work. . . . [more]

A recent Alberta privacy case, P2019-ND-006 (in PDF), deals with a breach of salary information about identifiable individuals under the Personal Information Protection Act(PIPA). The Office of the Privacy Commissioner of Alberta found that “A reasonable person would consider that the identity and salary information could be used to cause the significant harms of hurt, humiliation and embarrassment, particularly if shared with individuals who have a personal or professional relationship with the affected individuals.”

What happened?