Canada’s online legal magazine.

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 seventy 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. Legal Feeds  2. Double Aspect 3. Michael Geist  4. Henry J Chang’s Canada-US Immigration Blog  5. Avoid A Claim

Legal Feeds
Lakehead law grads hit hiring obstacle

As Lakehead University’s first round of law grads hit the job market this year, it seems they’re coming up against some barriers . . . [more]

Posted in: Monday’s Mix

Teaching Technology to Law Students

Anyone teaching technology to law students might be interested in this new special interest group curated by CALI’s Executive Director John Mayer: Teaching Technology to Law Students.

The site is developing a syllabi commons, a list of software, websites and resources, a collection of articles and videos about teaching tech in law schools, and a list of courses that will be taught this fall.

It has an American focus but looks like it will contain useful information for anyone teaching in this area. If you’re interested in learning more contact John Mayer (jmayer@cali.org) to join the Tech-For-Law-Students . . . [more]

Posted in: Education & Training: Law Schools, Technology

Locating Foreign Civil Codes

[from https://www.senat.fr/ – on the occasion of the 200th anniversary of the Code Napoléon in 2004]

One of the frequently asked foreign and comparative law research questions is how to find a country’s civil code. A researcher might not know they need a civil code, but they often do. A civil code is the key to accessing all types of private law for many civil law jurisdictions. Modeled after the Code Napoléon or Code civil des Français (1804), a civil code usually contains laws relating to personal status, contracts, torts, “delict”, “obligations”, real and personal property, inheritance and succession, marriage, . . . [more]

Posted in: Legal Information

Preserving Your Legal Rights Against Pokemon Go

As of this afternoon, Pokemon Go has officially arrived in Canada. The number of downloads for the augmented reality game were so high that they crashed the app’s servers.

If you haven’t been paying attention, the introduction of this real-time in-public game has created  concerns around trespass, robbery, and even murder.

Pokemon hunting has resulted in police being alerted on suspicious behaviour, only to find people walking in circles staring at their phones. These hapless players have also been targeted by criminals based on their blind meandering. At least one attempted murder suspect has been apprehended due to the Pokemon . . . [more]

Posted in: Miscellaneous

Summaries Sunday: Supreme Advocacy

On one Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all appeals and leaves to appeal granted, so you know what the S.C.C. will soon be dealing with (June 9 – July 15, 2016 inclusive).

Appeals

Class Actions: Jurisdiction
Lapointe Rosenstein Marchand Melançon LLP v. Cassels Brock & Blackwell LLP, 2016 SCC 30 (36087)

The fourth Van Breda factor promotes certainty by premising the determination of when

. . . [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.

PÉNAL (DROIT : L’accusé est reconnu coupable de fraude pour avoir encaissé un chèque émis par son employeur, une municipalité, afin de rembourser sa cotisation professionnelle qu’il n’a jamais payée à l’Ordre des urbanistes du Québec

Intitulé : R. c. Blackburn, 2016 QCCQ 4482
Juridiction : Cour du Québec, Chambre . . . [more]

Posted in: Summaries Sunday

The Long Tale of 2 Systems

The article, “7 Reasons Why European Cities Are Going To Beat U.S. Cities As Hubs For Innovation” reminded me of two cities: Toronto and Sydney. These cities had quite a few legal IT commonalities starting 30 years ago:

  • Both had 5 out of the 10 largest law firms standardise on lawyer-friendly graphical user interfaces (GUI) years before the rest of the legal world got it,
  • By democratising access to computers, a community of lawyers interested in lawyer-enhancing IT bloomed, and cross-pollinated each other from across the world,
  • Toronto was first out of the blocks with Peter Hart’s Legalware
. . . [more]
Posted in: Legal Technology

5 Questions About Digital Copyright Law

Much has happened with copyright law over the past few years. New amendments to modernize the Copyright Act for the internet age were added in 2012. As well there have been several court cases interpreting the impact of digital technologies on copyright doctrine. It is now possible to speak of “digital copyright” as an area of law. In the newly released book Digital Copyright Law published by Irwin Law, I track and analyze these developments. Below I discuss 5 prominent issues which are raised by these changes and that are elaborated upon in the book:

1. What is a . . . [more]

Posted in: Intellectual Property

Thursday Thinkpiece: Looking for Ashley — What Re-Reading What the Smith Case Reveals About Governance of Girls, Mothers and Families in Canada

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Looking for Ashley: What Re-Reading What the Smith Case Reveals About Governance of Girls, Mothers and Families in Canada
© 2015 Demeter Press. Reprinted with permission.

Rebecca Jaremko Bromwich, Professor, Department of Law and Legal Studies at Carleton University (@RebeccaBromwich)

Excerpt: Chapter 1: The Project

Telling Stories

Once upon a . . . [more]

Posted in: Thursday Thinkpiece

Raspberry Pi Workshop at UnLondon Makerspace

Makerspaces (sometimes called hackerspaces) are community workspaces – generally in the tech and digital arena. Entrepreneurs might use them as workspaces and to collaborate with colleagues. Hobbyists might use their tools to make something. They often put on workshops – typically around tech and equipment – such as 3D printers. They perform a valuable service to foster learning, creativity, and entrepreneurship.

I learned how to use a Raspberry Pi yesterday at a workshop at UnLondon. (Harrison Pensa is a sponsor of UnLondon, and of their recent Explode conference.) The first project was to wire and code (in Python) an . . . [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. Strudwick v. Applied Consumer & Clinical Evaluations Inc., 2016 ONCA 520

[115] With respect, however, I am of the view that in assessing the quantum of punitive damages the motion judge fell into legal error in two respects. First, he viewed Applied Consumer’s failure to try to conceal the misconduct or failure to profit from the misconduct as mitigating the company’s . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Unmet Legal Needs – the Challenge to Legal Practice and to Self-Regulation

Regulation of legal services differs in important ways across the common law world. In Canada, self-regulation is generally[1] the approach. Canadian law societies are authorized by provincial legislatures to decide who can practice law and provide legal services[2]. The substantial majority of the governors of the law societies are lawyers elected by lawyers. In Ontario, paralegal benchers are elected by regulated paralegals.

In England and Wales, the Solicitors Regulation Authority and the Bar Standards Board are the regulators. The majority of the governors of these regulators are not solicitors or barristers.

In the United States, the state . . . [more]

Posted in: Legal Ethics