Canada’s online legal magazine.

Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about.

For this last week:

1. Haaretz.com v. Goldhar, 2018 SCC 28

[1] This appeal has to do with the rules for the assumption and exercise of jurisdiction in the context of multijurisdictional defamation claims. While these types of claims are not new, the exponential increase in multijurisdictional publications over the Internet has led to growing concerns about libel tourism and the possible assumption of jurisdiction by . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Old School Thinking About Modern Technology

Tinker Toys have been around for over 100 years. I loved them as a kid. Maybe you did too.

Over the past few weeks I’ve encouraged audiences at a couple events to look at them as the fundamental building blocks of their professional aspirations and opportunities, as well as the ideal gateway to understanding the potential of innovative technologies. More than merely a collection of spools, connectors and dowels, Tinker Toys provide limitless ways of imagining how to take on challenges and get things done.

Look at this picture, and think of the tinker toys as the fundamental elements of . . . [more]

Posted in: Legal Technology

Tips Tuesday

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on research, writing, and practice.

Research & Writing

Number
Neil Guthrie

This is the grammatical term for the distinction between the singular and the plural. Unsurprisingly, a singular noun takes a singular verb (takes being an example of that), while plural nouns take plural verbs (that was another example, in case you missed it). ..

Technology

Need Free Photos? Try Unsplash
Emma Durand-Wood

Need an image for a poster, website, or social media post but . . . [more]

Posted in: Tips Tuesday

Arbitrator Anxiety: When an Award Is Challenged in Court

As an arbitrator, it is a nerve-wracking and somewhat fearful experience to have an award challenged in court. I’m glad to say it isn’t a common experience for me (knock on wood), but it happened recently.

I was relieved to read the judgement – skipping straight to the last page to see whether I had got things right or not. (Do judges do that, I wonder.) The court said I had – big sigh of relief – but it prompted me to think about what what courts expect from us as arbitrators. It was a reminder of some essential things . . . [more]

Posted in: Dispute Resolution

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Avoid a Claim 2. ABlawg.ca 3. The Stream 4. National Magazine 5. Condo Adviser

Avoid a Claim
Malpractice claims regarding wills double in a decade

While wills and estates may never rival litigation or real estate as a risky practice area for lawyers, LAWPRO has seen the

. . . [more]
Posted in: Monday’s Mix

Rethinking the Role of Professional Membership Organizations

The Greek philosopher Heraclitus is quoted as saying the only thing that is constant is change.” As lawyers, we often resist the tides of changes, by resting on the comfort of status quo and the notion that stare decisis is written in stone.

The Court in Carter v. Canada (Attorney General) recognized that the doctrine of precedent is fundamental to our legal system, as it provides some certainty, but stated at para 44,

However, stare decisis is not a straitjacket that condemns the law to stasis.

Changing societal contexts and shifts in our understanding of the law have allowed the . . . [more]

Posted in: Justice Issues, Practice of Law: Future of Practice

Summaries Sunday: SOQUIJ

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

SOCIAL (DROIT) : L’action de l’intimé de déneiger son automobile n’est pas reliée à son entretien mais à l’usage immédiat qu’il s’apprête à faire et elle n’est pas visée par l’exception du «préjudice causé par une automobile» inscrite à l’article 1 de la Loi sur l’assurance automobile; comme il s’agit . . . [more]

Posted in: Summaries Sunday

CanLII’s Recent Announcements: Putting It All Together

Following CanLII’s multiple announcements in the last weeks and months, we wouldn’t blame anybody for failing to see the big picture from these individual pieces. I thought I would use this column to recapitulate and give some perspective.

Individually, the steps we took in the last few years can be seen as merely incremental, but the overall result is that CanLII became a radically different beast, for the better of course. This post strings together these individual announcements with the objective of presenting a clearer picture of what CanLII has become, and to show its the increased potential.

Let’s start . . . [more]

Posted in: Legal Publishing, Legal Technology

Right to Terminate Group Benefits at 65 on the Road to a Successful Challenge

The number of workers over the age of 65 has risen significantly in recent years. The increasing number of older employees who choose to remain in the workplace, combined with the elimination of mandatory retirement across Canada, has put into question the issue of the termination of benefits after an employee reaches the age of 65.

While most employers routinely terminate benefits at age 65, the changing workforce demographic has created a demand for benefits coverage for older workers. However, providing benefits to employees past the age of 65 can be difficult because insurers either will not provide the coverage, . . . [more]

Posted in: Case Comment, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

10 Things Thriving Lawyers Do

1. Ask for help

The best time to seek help is as soon as you get stuck. Just like the nose on our face, it is incredibly difficult for us to see the thinking traps and habits that slow us down much less do anything about them. Asking for help is a sign of strength. Going it alone is just going to make your life tougher.

2. Get involved in their communities

The thriving lawyers I know are involved in their communities. This can be such activities as coaching soccer, singing in a choir, or sitting on the board of . . . [more]

Posted in: Practice of Law

Facebook: We’re Updating Our Terms …

Most of us have received a number of emails pointing us to revised terms of use and privacy/data policies, or asking us to consent. These have been driven by the GDPR, the new privacy regime in the EU.

Facebook’s starts with:

Hi David,

We’re updating our Terms, Data Policy, and Cookies Policy to make sure you know how your data is used so you can make the choices that are right for you.

(You have all taken the time to read, understand and make informed choices under these, right?)

Facebook has been under increasing scrutiny over what it . . . [more]

Posted in: Miscellaneous

How to Get Others to Tell Your Story

The City of Toronto owns over three million trees and wants Toronto to be known as “the City within a Park”. The Canadian Women’s Foundation has invested over $40 million in over 1,200 community programs and women’s shelters across Canada, to help women escape poverty and violence.

How do I know these things? Word of mouth. I’m on the board of an organization that receives funding from Toronto Parks & Recreation. The representative who comes to our board meetings is enormously talented at telling us interesting stories about the work of her department—stories we want to repeat. When I was . . . [more]

Posted in: Legal Marketing