Slaw – Canada’s Online Legal Magazine
Canada’s online legal magazine.

Blockchain Judiciary

In Blockchain Revolution: How the Technology Behind Bitcoin is Changing Money, Business, and the World, Don Tapscott and Alex Tapscott discuss the potential for blockchain in changing our world. Blockchain is a list of records (blocks) that are linked using cryptography. The list of records are permanent, open, and time stamped. The records are linked using algorithms that are almost impossible to break.

Don and Alex Tapscott write that blockchain could be used to transform our judiciary. For example, they cite the concept of CrowdJury. “CrowdJury looks to transform the justice system by putting several judicial processes online, using both . . . [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. Price v. H. Lundbeck A/S, 2018 ONSC 4333 (CanLII)

Approximately three and a half years ago, pursuant to the Class Proceedings Act, 1992, [Plaintiff] commenced a proposed class action against H. Lundbeck A/S and Lundbeck Canada Inc. (collectively “Lundbeck”), which are pharmaceutical companies that manufacture the drug “citalopram,” under the brand name Celexa®.

[2] Citalopram is an SSRI (selective serotonin reuptake inhibitor) indicated . . . [more]

Posted in: Wednesday: What's Hot on CanLII

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 practice, research, writing and technology.

Practice

Think Twice About Free Services From Google
Andrea Cannavina

So I belong to this listserv of mostly attorneys and everyone is talking about how they use Google for this and Google for that and all I can think is … is it just me?! Why would anyone wish Google to be scanning and indexing their business records and documents – let alone a bunch of attorneys? …

Research . . . [more]

Posted in: Tips Tuesday

How Old Belief Systems Can Cripple a Career

Precedent figures heavily in most law practises, so it’s understandable that lawyers would rely heavily on past experiences and belief systems in the running of their lives. Life experience can create wisdom. It can also lead to our greatest weak spots. In over twenty years of coaching lawyers, my primary goal has been to help them to identify and overcome old belief systems that are no longer working for them but that they continue to use to the detriment of their careers.

For example:

  • A lawyer who is held back from partnership because of a lack of delegation, but can’t
. . . [more]
Posted in: Legal Marketing, Practice of Law

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. Canadian Combat Sports Law Blog 2.Risk Management & Crisis Response 3. Eloise Gratton 4. Avoid a Claim  5. First Reference

Canadian Combat Sports Law Blog
ABC Passes New Rules Hoping to Curb Extreme Weight Cutting in Championship Boxing Bouts

At this week’s Association of Boxing Commission

. . . [more]
Posted in: Monday’s Mix

Physician Billings Are Not Personal Information in Ontario

Canada’s unique health care system, which is publicly funded but largely privately administered, is one of the most important political and public policy issues in our society.

Negotiations between physicians and the government in Ontario in past years has been strained, with the parties unable to achieve an agreement on Jan. 15, 2015. In the years that have followed, there has been greater scrutiny of these negotiations, especially by members of the public who are concerned about the effect on patient care. Ontario spends $11.6 billion on compensation to doctors, $7.9 billion of which is fee-for-service under the Ontario Health . . . [more]

Posted in: Substantive Law: Judicial Decisions

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.

LOUAGE DE CHOSES : Le recours en modification des conditions du bail en vertu de l’article 1947 C.C.Q. n’est pas le recours approprié lorsque la demande du locateur vise à sanctionner le comportement du locataire, en l’occurrence sa consommation de cannabis dans les lieux loués.

Intitulé : Cholette c. Cuellar, . . . [more]

Posted in: Summaries Sunday

CRTC Issues $250,000 in Penalties for Malware Distribution

Canada’s anti-spam law (CASL) addresses much more than unwanted commercial messages. CASL also prohibits, among other things, installation of software onto a person’s computer without consent. The Canadian Radio-television and Telecommunications Commission (CRTC) exercises enforcement powers in respect of the software provisions of CASL.

The CRTC reported on July 11, 2018 that their Chief Compliance and Enforcement Officer has issued Notices of Violation to Datablocks and Sunlight Media for allegedly aiding in the installation of malicious computer programs through the distribution of online advertising. This is the first time the CRTC has taken action against the installation of malicious software . . . [more]

Posted in: Intellectual Property

Consequences to Innovation Canada and IP of a Badly Drafted National Standard of Canada

The federal government’s “Budget 2017,” Innovation Canada project has led to the badly drafted National Standard of Canada, Electronic Records as Documentary Evidence CAN/CGSB-72.34-2017 (“72.34-2017”). It should not be relied upon to conduct any business, government or other transaction based upon the reliability and integrity of electronically-produced records. And so, on July 11, 2018, I, Ken Chasse, notified: (1) the Standards Council of Canada, being the agency that declared it to be a national standard; and, (2) the Minister of Innovation, Science and Economic Development. On, July 20, 2018, I received the Standards Council’s reply, and on July . . . [more]

Posted in: Practice of Law

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. Newell v. Sax, 2018 ONSC 4517

[1] The Applicant moves pursuant to section 6(9) of the Solicitors Act and Rule 54.09 to oppose confirmation of the Report and Certificate of Assessment Officer A. Palmer dated October 6, 2017…

(…)

[24] I note that counsel for the Respondent addresses the issue of ‘importance’ in several paragraphs toward the beginning of his written costs submissions. . . . [more]

Posted in: Wednesday: What's Hot on CanLII

The Summer Months

Summer provides options. You can slow down, take more time, slack a little around the office or you can use it as a time to refocus where you are going when things ramp up in September. Some offices are very busy in the summer and don’t have time to think of the coming seasons. Of course there is always time for business development, no matter which category you fall into.

If you are lucky enough to step away for a bit in the summer, great you deserve it. We all need to recharge and time away from the office is . . . [more]

Posted in: Legal Marketing

Lessons From the FIFA World Cup

The international football (soccer) circus known as the FIFA World Cup rolls around every four years and I spend way too much of the early summer watching the games. The best place to watch, I think, is an outdoor patio, preferably surrounded by partisans of one or both of the contenders. In Toronto it’s easy to find supporters for every team in the tournament.

This year, the games were played at either late morning or early afternoon Toronto time. Downtown office buildings have giant screens in lobbies or food courts so fans don’t have to sneak too far away from . . . [more]

Posted in: Dispute Resolution