Canada’s online legal magazine.

Cyber Security – Spear Phishing Covered Under Insurance Policy Where Code Manipulated

Increasingly insureds faced with cyber fraud losses are going to the courts to interpret their policies. In The Brick Warehouse LP v. Chubb Insurance Company of Canada, 2017 ABQB 413, and in Taylor & Lieberman v. Federal Insurance Company, 2017 WL 929211 (March 9, 2017 9th Cir.), fraudulent emails, as part of a social engineering attack, were sent to company employees who acted on them transferring money from the insured’s account. In both cases courts held that coverage under the Fund Transfer Fraud policy was denied as the victim knew or consented to the instructions given to its bank . . . [more]

Posted in: Intellectual Property

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. ABlawg.ca 2. Global Workplace Insider 3. National Security Law 4. Barry Sookman 5. NSRLP

ABlawg.ca
Foreclosing Mortgagees’ Liability for Tenants’ Security Deposits

This appeal from an order of a Tenancy Dispute Officer of the Residential Tenancy Dispute Resolution Service (RTDRS) is worth noting for several reasons. First,

. . . [more]
Posted in: Monday’s Mix

Making the Best Better

In a recent article on legal practice Ken Grady offered this thought:

As we often hear today, lawyers need to become fans of data. The age of talking to a lawyer who gives an opinion based on the 10 or 15 cases she has handled is past (or it should be). Clients should recognize that advice based on such weak datasets is meaningless and should call out their lawyers for basing opinions on it. Excellence means knowing more than the average player. It means having that depth and breadth of knowledge that is hard to match. Law firms need to

. . . [more]
Posted in: Legal Publishing

Interrupted Childhoods and Overrepresentation in the Wrong Places

Race is an artificial and arbitrary social construct, and there is no biological or scientific basis for the racial distinctions we make between people. It is a function of our history and our misconceptions of how people have existed or migrated around the world, and our racial definitions have changed drastically over time based on different environmental and social factors.

Given the lack of objective basis for racial definitions, some people query why we track racial statistics in society at all. Doing so has the potential to ingrain these social constructs and divisions even further, and prevent us from treating . . . [more]

Posted in: Education & Training, Justice Issues

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.

FAMILLE : Dans un contexte de violence conjugale dans le milieu de la mère, le juge de première instance, qui a maintenu les enfants des parties auprès de cette dernière, a commis des erreurs justifiant une intervention lorsqu’il a fait fi de l’opinion de l’expert et a omis de mettre . . . [more]

Posted in: Summaries Sunday

Working With Lawyers – Tech Adoption

You can’t talk about legal technology without talking about, and to, lawyers. Also vodka. Kidding.

Anyone who has spent more than an hour trying to get lawyers to use pretty much anything other than Word and Outlook will know that adoption is a Sisyphean task. Lawyers have a general negative reaction to anything you show them. They expect perfection and ease of use, and hate any disruption to their normal (though admittedly imperfect) workflow.

I don’t pretend I’m a change expert (except on my resume, obviously), but I have had some success in (1) convincing lawyers to just try the . . . [more]

Posted in: Legal Technology

Parental Insurance Plan and Additional Employment Standards Changes Coming

On March 22, 2018, the Quebec government introduced Bill 174: An Act mainly to relax the parental insurance plan to promote better family-work balance. If enacted, this Act comes into force on the date of assent, except section 12, which comes into force on the date to be set by the Government.

The main changes in the Bill include:

1. Maternity benefits

  • Increase the period, currently 18 weeks, to 25 weeks, within which maternity benefits can be provided following the birth of a child.
  • Increase the number of weeks of maternity benefits for a multiple pregnancy. In the event of
. . . [more]
Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Who Is Your Ideal Client?

It’s easy to define your ideal client—someone who needs your services and pays their bills, right? When you’re building your practice, that’s a good place to start. Any client looks like an ideal client at first, but after a few years in practice you begin to recognize the clients you want—and those you don’t. Better to have that recognition sooner rather than later, because then you can build the practice you want, rather than have it built for you by whoever comes in the door.

There are plenty of clients who need your services and pay their bills, but some . . . [more]

Posted in: Legal Marketing

When Does a Technical Standard Become a Legal Standard of Care?

The Guardian reports us that the World Wide Web Consortium (W3C) is close to adopting a new authentication standard that can replace passwords. This would be some kind of “who you are” (biometric) or “what you have” (token, phone to receive code) method of authentication, rather than a “what you know” password. (I suppose a code sent to your phone is what you know, but you know it only case by case, because you have another communications channel.)

Some web services already work this way, as the article notes – or does in special cases, as when one is logging . . . [more]

Posted in: Substantive Law, Technology: Internet, ulc_ecomm_list

New Stuff & Old Laws

A common issue for new technology is the application of existing laws that were created before the new tech was contemplated. Examples include fintech (financial applications), fitness and health applications, and ridesharing services (such as Uber).

What is the issue?

Some activities and services are highly regulated. Financial services and the taxi industry are good examples. New entrants create innovative applications and services that compete with incumbents, but may or may not be regulated the same.

In some areas the entity may be regulated rather than the activity (often the case in fintech).

Laws sometimes prescribe a specific solution, rather . . . [more]

Posted in: Technology

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. Chin v. The Law Society of Upper Canada, 2018 ONSC 2072

[2] On May 15, 2015, the Hearing Division of the Respondent Law Society of Upper Canada (the “Law Society”) found that the Appellant knowingly participated in mortgage fraud in respect of six residential real estate transactions. Her licence to practice law was revoked. The Hearing Tribunal found that maintaining public . . . [more]

Posted in: Wednesday: What's Hot on CanLII

The Underwear Gnomes of Law

Depending on your age and preferred cultural touchstones, the title of this column is ether instantly recognizable or a complete mystery. If it’s the latter, the video below, excerpted from a 1998 episode of South Park, should shed some light.

The underwear gnomes’ profit strategy has become a widely cited meme in the intervening years, owing to its effective illustration of the shortcomings of many strategic plans. The premise sounds interesting; the outcome sounds great; but the opaque middle step, whereby the interesting premise is somehow converted into bags of money through mysterious processes, is entirely glossed over.

I’ve . . . [more]

Posted in: Practice of Law