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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.

Victory Motors (Abbotsford) Ltd. v. Assessor of Area No. 15 – Fraser Valley, 2017 BCCA 295

AREAS OF LAW:   Property assessment; Contamination; Value to owner; Market value

~ In assessing the value of a property, when there is no commercial market for it but it has value to its owner, that owner can serve as a proxy for a competitive market. ~

BACKGROUND:

The Respondent, Victory Motors (Abbotsford) Ltd., . . . [more]

Posted in: Summaries Sunday

Planning for Succession: Part Two

In Part One I explained why proper succession planning is so important. I also touched on why senior partners might be reluctant to retire, and offered advice on how to overcome this hesitancy. In that post I also provided a broader view on the definition of succession, suggesting it be considered more of an evolutionary process than an act in a point of time.

I suggested that strong business management is managing through constant change, and that this change should be actively managed in a law firm at three levels: the Partnership (and eventual transfer of ownership); practice groups, and . . . [more]

Posted in: Legal Marketing

On the LSUC Dialogue on Licensing, Pt 1: Is There a Need for Change?

Over the summer months, the Law Society of Upper Canada has been conducting a Dialogue on Licensing to prompt information sharing, discussion, input and reflection on the future of the requirements for licensing of lawyers in Ontario. Based on materials disseminated as part of the Dialogue, a series of discussion sessions were held and summary reports released. Submissions were also invited through a broad call open into August. According to a late June update, the Professional Development and Competence Committee (PDCC) of the LSUC will spend the remainder of 2017 reviewing the input, with a view to producing . . . [more]

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

Canadian IT Law Association Annual Conference

I just signed up to attend the fall IT-Can conference, and thought the conference was worth mentioning. It is a consistent high quality conference for lawyers practicing in the IT/IP fields, and for others such as CIO’s.

Topics this year include fintech, quantum computing, blockchain and smart contracts, connected vehicles, big data, health care tech, cybersecurity, and control over online content.

Perhaps I’ll see you there in Toronto on Oct 23. . . . [more]

Posted in: Announcements, Miscellaneous, 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. Daniel v. Miller, Canfield, Paddock and Stone, LLP, 2017 ONCA 697

[1] The appellant’s core submission is that in finding that she was a partner in the respondent law firm, rather than an employee, the trial judge gave insufficient consideration to the fact that her work was controlled by the partner whose clients she served and that she was dependent on the . . . [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 research, writing, and practice.

Research & Writing

Respect and Regard
Neil Guthrie

Feeling respect and regard for your readers is important, but this edition is more specifically about words and phrases derived from respect and regard. …

Technology

Summer Tip Roundup: Current Awareness
Alan Kilpatrick

Over the summer, we will be highlighting Legal Sourcery’s most popular research tips. On that note, here are Legal Sourcery’s most popular current awareness tips …

. . . [more]
Posted in: Tips Tuesday

Picturing the Law

I went through law school without ever seeing pictures in the law books I read. And only once did I imagine the parties in a case and give them faces – State v. Williams, 484 P. 2d 1167 (Wash. Ct. App. 1971). There, in my criminal law textbook, was the story of an Indian couple without a lot of education who were charged with manslaughter because their child died after they failed to take him to a doctor. They thought he had a toothache. Ignorance was not an excuse. I still visualize them and their pain at losing their . . . [more]

Posted in: Legal Information

Presentations and Legal Project Management

If you’re managing legal projects, there will be times you need to present information to your boss(es), your clients, or your team.

I’ve seen many successful projects perceived as troubled simply because the project manager couldn’t “manage” a presentation.

In a project management presentation, PowerPoint (or its equivalent) is good for two things, and two things only:

  • Visuals, and
  • Signposts

It is a very poor tool for the purpose most people use it: transmission of information.

The “Bad” of Slides

Asking people to read a detailed PowerPoint slide will induce a) eyestrain, b) boredom, or c) both. It will rarely . . . [more]

Posted in: 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 Securities Law 2. Slater Vecchio Connected 3. NSRLP 4. First Reference 5. Clicklaw Blog

Canadian Securities Law
Canada Welcomes T+2 Settlement

Effective September 5, 2017, the standard settlement timeframe for certain securities has been shortened to trade date plus two days (T+2) from trade date plus

. . . [more]
Posted in: Monday’s Mix

Perceptions Matter, but Reality Matters More

Judges are not immune from scrutiny, but we should be cautious in the manner in which we exert that scrutiny.

Sometimes that scrutiny is thrust directly into the public forum, as with Justice Zabel’s incident on Nov. 9, 2016, when he wore a hat from the American president’s election campaign.

Lawyers were upset, understandably, as there were legitimate concerns about political partisanship generally, but also about the appearance of bias towards any of the historically marginalized or radicalized groups that the presidential candidate had made offensive comments about. The public were even more concerned, especially where a Canadian judge appeared . . . [more]

Posted in: Justice Issues, 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.

PÉNAL (DROIT)Les déclarations de culpabilité des appelants, impliqués dans un réseau ayant écoulé des millions de cigarettes de contrebande en Nouvelle-Écosse, commettant ainsi une fraude de plusieurs millions de dollars en taxes impayées à l’encontre des gouvernements du Canada et de la Nouvelle-Écosse, sont confirmées.

Intitulé : O’Reilly c. R., . . . [more]

Posted in: Summaries Sunday

“Chain Migration” and the Importance of Language

The most recent controversy stemming from the Twitter account of the-president-who-shall-not-be-named related to “chain migration”. This refers to immigrants who seek to gain points or favour with the destination country based on their personal connections to people residing or connected to that country. The idea is that the citizens or residents are creating a “chain” to help bring members of their personal networks to the country and thereby circumvent or undermine the application process. In Canada, we would call this “family reunification” and it is explicitly stated as one of the Objectives within immigration law.

Subsection 3(1)(d) of the Immigration . . . [more]

Posted in: Justice Issues, Miscellaneous