Canada’s online legal magazine.
Solo lawyer start-up guide
LexisNexis Legal Products

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. Bank of Nova Scotia v. Diemer, 2014 ONCA 851

[1] The public nature of an insolvency which juxtaposes a debtor’s financial hardship with a claim for significant legal compensation focuses attention on the cost of legal services.

[2] This appeal involves a motion judge’s refusal to approve legal fees of $255,955 that were requested by a court appointed receiver on behalf . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Who Is the Inventor?

Enthusiastic entrepreneurs consult with patent agents about the protection of their new product. Often a successful team for an entrepreneurial business includes someone with technical skills, someone with marketing skills, someone providing business direction as well, of course, with one of more persons providing financial backing. Often all want to be named as inventors on a patent application. A key question which comes up is to identify who are the inventors.

That question was answered by the Federal Court in Drexan Energy Systems Inc. v. Canada (Commissioner of Patents) 2014 FC 887, a case where four people worked together on . . . [more]

Posted in: Intellectual Property

TR ProView Ebook Platform

This December, Carswell migrated their eReference Library collection to the Thomson Reuters ProView platform. I was able to see this process purely from the content user perspective as the library team did all of the preparation, communication, and implementation for our side as the client partner in the vendor client relationship. Today, I had an opportunity to use one of the texts that my firm has access to through this new interface.

I like the clean and intuitive experience of using ProView content via a browser.

There are a couple of features that are interesting:

  • the expanding chapter outline that
. . . [more]
Posted in: Legal Information: Publishing

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 technology, research and practice.

Technology

Avoid Data Disasters by Properly Ejecting USB Devices Before You Remove Them*
Dan Pinnington

How many of you take the time to “eject” your USB devices before you remove them? I know some of you didn’t raise your hand. Does it really matter? Yes it does. Why? Because you can end up with corrupt data if you yank a device out while data is still being written to it… . . . [more]

Posted in: Tips Tuesday

To Tenure, or to Not Tenure – That Is the Question

Tenure is one of those sticky academic topics. Those on the outside of the acadame wonder why anyone would or should be granted a “job for life.” On the inside, the question was not “if” we should have tenure, but “who.” Throughout the entirety of my career as an Academic Law Librarian and Legal Research Professor, my colleagues and I debated with the question of whether or not we should be (1) tenure track and, if so, (2) considered part of the law school faculty and invited to participate in the governance of the school.

At the time, I held . . . [more]

Posted in: Legal Education

Avoiding Communciations Claims in Real Estate

No matter what the area of practice, the number one source of claims at LAWPRO is a breakdown in communication between the lawyer and client.

Between 2008 and 2013, nearly 4,600 communications claims – an average of 762 a year – have been reported to LAWPRO. The total cost of these claims to date is about $158 million – and likely to rise as more recent years’ claims are resolved.

In the Fall 2011 issue of LAWPRO Magazine we asked LAWPRO claims counsel with expertise in the various areas of law to provide insights into the communications mistakes they see . . . [more]

Posted in: Reading: Recommended

When Lawyers May Not Be the Best Appointments to the Supreme Court

Jian Ghomeshi just hired a brilliant and fearless “shark” of a lawyer, Marie Henein, to defend him against criminal assault charges. There is a school of thought in legal ethics that maintains Henein is professionally obliged to play by the criminal defense playbook, right up to the point of transgression, and directly or indirectly enter the complainants’ sexual histories into evidence. If she can also get their medical records and the clinical notes of their therapists in, she must put all personal moral qualms aside and do everything within the confines of the law to get her client off. It’s . . . [more]

Posted in: Justice Issues, Miscellaneous

Schema.org and the W3C Bibliographic Extension Group

The Semantic Web in Libraries (SWIB) annual conference took place last week in Bonn, Germany. This event set out to:

“… provide substantial information on LOD developments relevant to the library world and to foster the exchange of ideas and experiences among practitioners. SWIB encourages thinking outside the box by involving participants and speakers from other domains, such as scholarly communications, museums and archives, or related industries.”

And it looks like they’ve done a good job fulfilling that aim. Thankfully the sessions were live-streamed so I was able to participate at least in a small way and, even better, . . . [more]

Posted in: Technology: Internet

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. Slater Vecchio Connected 2. Canadian Securities Law 3. The Court 4. Lee Akazaki 5. Rule of Law

Slater Vecchio Connected
10 Holiday Hosting Safety Tips

Making sure your guests stay safe this holiday season is just as important as finding the right décor. Under the Occupiers Liability Act, home . . . [more]

Posted in: Monday’s Mix

Legal Citation: Beyond the McGill Guide

This past summer, the Canadian legal profession was presented with yet another edition of the Canadian Guide to Uniform Legal Citation/Manuel canadien de la référence juridique, aka the McGill Guide. This new edition, the 8th in 28 years (an average of one edition every 4 years since its first publication in 1986) was expected, though not anticipated with any enthusiasm. Fellow Slaw columnist Susannah Treadwell has recently posted a review of the work. It seems to me that the changes to the previous edition are few, inconsistent, and not obviously necessary (Another colleague has told me that . . . [more]

Posted in: Legal Information

Law Reform Commission Reports: Recent Releases

As I like to tell users who come to my library, law reform commission reports can be a legal researcher’s best friend.

Law commissions consult widely with stakeholders, they may compare how other jurisdictions have dealt with the same problem that has you stumped and they frequently dig into the history of an issue.

Here are a few recently released reports that caught my attention.

. . . [more]
Posted in: Legal Information: Libraries & Research

Intrusion Upon Medical Records

When the new tort of the intrusion upon seclusion first emerged in 2012 in Jones v. Tsige, many of us wondered how exactly it would be invoked in litigation. Many of us assumed reasonably that this would be an additional head of damages claimed, given the modest amount recognized by the court as reasonable for privacy breaches.

Since that time we have seen this tort employed in several cases with varying success. One of the more intriguing applications is where these small heads of damages can be advanced in the aggregate, namely in through class proceedings.

The ideal scenario . . . [more]

Posted in: Education & Training: CLE/PD, Substantive Law: Judicial Decisions