Canada’s online legal magazine.
LN Banner

Of German Email Encryption Tool Tutanota and Other PETs

I’ve written updates before on encryption for communications and why the legal profession should be interested in tools and trends like encrypted ephemeral messaging, Edward Snowden’s warnings for legal professionals, and the upcoming Chrome extension for end-to-end email encryption.

Much of the whys and wherefores around encryption and Privacy Enhancing Technologies (“PETs”) and their place in legal practice are part of a broader conversation around lawyers’ digital competency — such as what Amy Salyzyn often writes about here on Slaw. This in turn engages the larger topic of internet security (and for a general background see this . . . [more]

Posted in: Practice of Law: Future of Practice, Technology: Internet

Is This the Job You Want?

On the face of it, interviewing should not be all that difficult – particularly for lawyers. As members of a profession who primarily make their living either writing or speaking, the idea that having a conversation about your interests and abilities in your own profession sounds both logical and easy.

But throw the words “job interview” into the mix and a whole new paradigm emerges. With seemingly so much at stake, job interviews take on a new meaning for people who ordinarily would not shy away from talking about the field they have chosen and the background that they bring. . . . [more]

Posted in: Reading: Recommended

Terminating for Cause? Prove It!

In January 2015, the Ontario Superior Court provided another example of how, as an employer, if you’re going to terminate an employee for cause, you better have a good case backed by solid evidence. The case, Partridge v. Botony Dental Corporation, 2015 ONSC 343 (CanLII), is a relatively simple one. The employee, a dental hygenist, Ms. Lee Partridge, was terminated for cause by her employer, Botony Dental Corporation, after 7 years of employment. On her record of employment and in defence, the Employer alleged versions of the following grounds for termination:

[35] […]

  1. Partridge chose to reject her

. . . [more]
Posted in: Substantive Law: Judicial Decisions

Lex Machina: Bringing Analytics to Law

Peter Neufield is a J.D. student at the Osgoode Hall Law School and the current features editor of the IPOsgoode blog IPilogue. He’s posted a short interview with Owen Byrd, Chief Evangelist & General Counsel at Lex Machina. Lex Machina started life in 2010 as a partnership between Stanford University’s Computer Science Department and the Law School with some great support from a number of “tech companies and law firms.”

During the interview Byrd describes Lex Machina’s approach as similar to the story told in the Michael Lewis book Moneyball. This is the . . . [more]

Posted in: Practice of Law: Future of Practice, Technology

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 sixty 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. Environmental Law and Litigation  2. Clio Blog 3. Law of Work  4. Slater Vecchio Connected  5. FamilyLLB

Environmental Law and Litigation
Another court refuses to impose minimum environmental fines

Another Ontario court has waived the unreasonably high minimum environmental fines for relatively minor offences that the Environmental Protection Act . . . [more]

Posted in: Monday’s Mix

State Trials, Honorary Protestants, and the Red River, Highlight the 2015 Osgoode Society List

The Osgoode Society has announced the fall line up of new titles in its series of original writings on Canadian Legal History. This year the Society will publish two titles with the University of Toronto Press and one with the McGill Queens University Press.

Security and the Limits of Toleration in War and Peace: Canadian State Trials, Volume IV, 1914-1939, edited by Barry WrightEric Tucker and Susan Binnie, published by the University of Toronto Press.

This latest in the collection of State Trials series looks at the legal issues raised by the repression of dissent from the outset of . . . [more]

Posted in: Legal Publishing

National Security Still Doesn’t Trump Personal Privacy

How far does the legitimate scope of governmental power reach, in a time of technology and enhanced concerns of personal privacy?

Following the attacks on Canadian Parliament on October 22, 2014, the proper balance between national security concerns and personal privacy and liberties is of foremost concern for many citizens. The Federal government has responded, in part, by the introduction of Bill C-51, which has itself spurned considerable controversy.

National security and law enforcement concerns are not exclusive to our jurisdiction. At the Fourth Annual UCLA Cyber Crimes Moot this weekend, competitors from across the country considered the constitutional implications . . . [more]

Posted in: Justice Issues, Substantive Law: Foreign Law

Summaries Sunday: Maritime Law Book

Summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. Every Sunday we present a precis of the latest summaries, a fuller version of which can be found on MLB-Slaw Selected Case Summaries at cases.slaw.ca.

This week’s summaries concern:
Criminal Law – Contempt

R. v. Salah (G.) et al. 2015 ONCA 23
Criminal Law
Summary: C.R. told her friends that Parish was a paedophile. Parish allegedly decided to silence C.R. by setting fire to her home. Parish assembled a team to execute the plan, two to set the fire (McDowell and S.C.) and . . . [more]

Posted in: Summaries Sunday

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.

FISCALITÉ : Le demandeur, qui exploitait une entreprise de prostitution illégale et qui a déjà travaillé à titre de vérificateur à Revenu Québec, n’est pas crédible quand il affirme qu’il ne savait pas qu’il devait déclarer les revenus gagnés de façon illégale ou criminelle; les cotisations fiscales attaquées sont confirmées. . . . [more]

Posted in: Summaries Sunday

Summaries Sunday: OnPoint Legal Research

One Sunday each month OnPoint Legal Research provides Slaw with an extended summary of, and counsel’s commentary on, an important case from the British Columbia, Alberta, or Ontario court of appeal.

Do Process LP v. Infokey Software Inc., 2015 BCCA 52

Areas of Law: 

Solicitor-client privilege; Waiver; Mootness

~In determining whether solicitor-client privilege has been waived, the court must consider whether fairness and consistency in the litigation requires that waiver be implied.~

BACKGROUND: This appeal arose from a complicated proceeding about the development, ownership and licensing of software. The plaintiffs in the underlying action, ProSuite Software Limited (PSL) and the . . . [more]

Posted in: Summaries Sunday

The Friday Fillip: A Way Around

For the next while the Friday Fillip will be a chapter in a serialized crime novel, interrupted occasionally by a reference you might like to follow up. Both this chapter of the book and the whole story up to this point can be had as PDF files.


 

MEASURING LIFE
 
Chapter 3
A Way Around

Backton was a two-horse town.

In almost all weathers the two mares, Hee and Yalup, stood patiently in Mr. Goncourt’s small paddock and received visitors bearing apples and other gifts of affection. They were asked to do no other work, for, according

. . . [more]
Posted in: The Friday Fillip

Family Justice 3.5: Fostering a Settlement-Oriented Legal Culture

This is the note on rethinking our approach to family justice that I never thought I’d find myself writing, and as a result I need to begin with an explanation and an apology. In this short post, I describe what I see as lawyers’ duties to promote settlement, to respect informed compromise and to refrain from litigating family law disputes without good and sufficient reason. First, however, I’ll explain the circumstances that have provoked me to write.

I’m involved in a number of the present efforts to reform family justice. In one particular group, I have received a certain amount . . . [more]

Posted in: Justice Issues