Canada’s online legal magazine.

Canadian Corporate Law Treatise

Bruce Welling always wrote the most stimulating heresies in Canadian Corporate LawAs well as having the funniest index references footnotes in Canadian legal writing:
the constitutional significance of drunks
The Exploding Mountbattens

Since Bruce’s writings are replete with references to his surf buddies, and he can be found at dawn in the lineup at the Alley, off Currumbin Point, it’s not surprising that he has taken himself off to legal publishers in more surf-friendly climes.

His new edition of Corporate Law in Canada (3rd edition) is published by Scribblers Publishing Queensland Australia.

Copies of Corporate Law in Canada (3rd . . . [more]

Posted in: Miscellaneous

Legal Information and Open Access

This paper begins by considering the important role information plays in the law. It then notes the increasing industry concentration that has occurred over the last 10-15 years among legal and other publishers. This industry concentration is believed to have contributed to significant price increases for scholarly journals generally. This industry concentration has potentially significant implications for questions of access, particularly in the current environment of increasing electronic dissemination of legal information. In addition to examining characteristics of the legal information industry, this paper also looks at the role of dominant players such as Lexis and Westlaw and the ways

. . . [more]
Posted in: Miscellaneous

Computers Have All the Answers

Thanks to John Swan , for a lead to a mindboggling comment made by Grant Campbell J. (London, Family Court) regarding the proper way (from a costs perspective) of doing legal research. In Biggin v. Maloney For parallel cites.

In reviewing a bill for legal services submitted in respect of an order for costs in Biggin v. Maloney, Grant Campbell J. of the Ontario Superior Court of Justice observed:

“Although some case-law research was necessary, and although Mr.Hopkins did indeed produce several relevant and persuasive cases… I cannot understand how Mr.Hopkins could invest 10 1⁄2 hours obtaining and reading

. . . [more]
Posted in: Miscellaneous

Copyright Case Being Re-Heard

The Robertson v. Thomson case, heard December 6, 2005, has been ordered for a re-hearing. See the Order from the Supreme Court of Canada (April 7, 2006).

This well-known copyright case regards a freelance writer whose articles were published in the newspaper and then subsequently reproduced in three electronic formats (online, CD-ROM, and electronic index), which she said were not covered by her copyright agreement. When this case first came out in the Ontario courts, I believe news publishers pulled articles by freelance writers from their online services until such time as an updated copyright agreement could be put . . . [more]

Posted in: Miscellaneous

Summary of Da Vinci Code Reasons for Judgment

The entire judgment is available but most will be happy with Baigent and Leigh v Random House: summary of judgment

Neutral Citation Number: [2006] EWHC 719 (Ch)

Case No: HC04C03092


Royal Courts of Justice
Strand, London, WC2A 2LL

Date: 07/04/2006

Before :


Between :

1. Michael Baigent
2. Richard Leigh


The Random House Group Limited

Mr Jonathan Rayner James QC and Mr Andrew Norris (instructed by Orchard Brayton Graham LLP) for the Claimants

Mr John Baldwin QC and Mr James Abrahams (instructed by Arnold . . . [more]

Posted in: Miscellaneous

Quick News Hits

Quick News on the last day of classes here at Dal….

Students Draft Ontario Legislation. (Toronto Star)
Is this the beginning of a trend? Think of the possibilities. Kurtz had something to say about that didn’t he?

Speaking of students. (Jurist) If you are going be age-ist, go all the way.

Harper willing to re-open Constitutional debate. (CBC) Whoo-hoo, life has been far too boring lately! You see the burning technological issue in my mind is that it remains very difficult to convey sarcasm via the web.

Da Vinci (Canoe) Does anyone else find the timing of all this rather . . . [more]

Posted in: Miscellaneous

Open Source Software for E-Journals

The recent post in DigitalKoans features three open source, low-cost systems for publishing e-journals: Hyperjournal, Simon Fraser’s Open Journal System, and DPubS, soon to be released by Cornell. With a system such as these you can receive, review, edit and publish submissions in a format that is professionally respectable with little knowledge of IT.

It’s unlikely — though not impossible — that law firms would wish to publish journals (it may be a better format for some writings that firms put out than blogs or ordinary websites, however); but such a system might prove useful if bent . . . [more]

Posted in: Miscellaneous

Research Program on Digital Evidence

The British Institute of International and Comparative Law fosters a number of research initiative, of which the Digital Evidence Research Programme is one, with the broad aim of researching:

the practical and legal issues that accompany the inclusion of digital evidence into judicial proceedings. The IT industry provides products on a global scale, and IT has now become ubiquitous. Information technology affects us all, even though we may not appreciate how it affects our daily lives. It also affects human relationships, and in turn, documents created by IT systems are the subject of evidence in legal proceedings.

The IT industry

. . . [more]
Posted in: Miscellaneous