Canada’s online legal magazine.

Trump’s Executive Order on Foreigners Strips Privacy Protection for Canadians

Included in Trump’s reprehensible executive order “Enhancing Public Safety in the Interior of the United States” was this:

Sec. 14. Privacy Act. Agencies shall, to the extent consistent with applicable law, ensure that their privacy policies exclude persons who are not United States citizens or lawful permanent residents from the protections of the Privacy Act regarding personally identifiable information.

The Privacy Act covers personal information held by US Federal agencies. This would apply, for example, to information collected about Canadians entering the United States.

This should be attracting the wrath of the Canadian privacy commissioner and the Canadian . . . [more]

Posted in: Substantive Law

The Sweet Morbidity of Link Rot

A couple years ago, the New Yorker ran a great, comprehensive piece on “link rot”—that scourge of dead-end links and vexing “404” errors that annoys us all and ensures the Web’s enduring reputation as an “ethereal, ephemeral, unstable, and unreliable” ravel of non-sequiturs.

The article charts the curious history of the Wayback Machine—that most indispensible weapon in the fight against link rot—and mentions the “disastrous” effects for lawyers and judges who seek to erect houses of reason on the quicksand of internet sources.

It is all quite topical given the Supreme Court of Canada’s recent move to tackle the . . . [more]

Posted in: Legal Information, Legal Information: Information Management, Legal Information: Libraries & Research

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

Read the Original Source
Susannah Tredwell

In training sessions we always advise articling students to start off their research using secondary sources. While there are instances where it is appropriate to start off research by searching case law and legislation, using secondary sources generally is far more time-efficient since it usually tells you what the relevant legislation and leading cases are. …

Practice

Set Boundaries: The Angry . . . [more]

Posted in: Tips Tuesday

Interview With Knights CEO David Beech: Alternative Business Structures Across the Pond

Recently, author Nelson had the pleasure of interviewing David Beech, the CEO of the professional services firm Knights in the UK. David has led the business, originally a law firm, since 2011. His vision for Knights is to become the leading regional professional services business in the UK.

The interview took place on the Legal Talk Network podcast (The Digital Edge: Lawyers and Technology) with co-host Jim Calloway, available at http://legaltalknetwork.com/podcasts/digital-edge/2017/01/will-alternative-business-structures-u-k-law-firms-cross-pond/.

By way of introducing David, he qualified as a corporate lawyer in 1990 and in the late 90’s turned to law firm management until 2004 when . . . [more]

Posted in: Legal Technology

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. Risk Management and Crisis Response Blog  2. Library Boy 3. SOQUIJ  4. National Magazine Blog  5. All About Information

Risk Management and Crisis Response Blog
Ignored Employee Turns Key Source in Proceedings Brought Against Former Hedge Fund Bosses

Former Visium Asset Management LP trader, Jason Thorell’s cooperation . . . [more]

Posted in: Monday’s Mix

Building and Maintaining a Precedents Collection – Part III

Creating a bank of precedents, whether for a law firm or an in-house department, is a significant challenge. In my previous posts (Part I – Getting Started and Part II – Crucial Elements), I addressed the major challenges involved in building a precedents collection. Maintaining your collection is an even more important, and daunting, task. That is the focus of this last one of the series.

Reasons for keeping your collection up-to-date. Your precedents will only be useful if those who might make use of them are confident that they are current. Once the text (of the . . . [more]

Posted in: Legal Information

The Just and Equitable Exception to Piercing Corporate Veil

After the Supreme Court of Canada’s 2015 decision in Chevron Corp. v. Yaiguaje, where the Court affirmed the ability of our legal system to hear foreign enforcement actions, the matter has returned to the Ontario Superior Court. The original stay by Justice Brown in 2013 was set aside by the Court, but the issue of the corporate separateness what not addressed until now.

A series of summary judgments, heard together, and a separate decision to amend the statement of claim further to add Chevron Canada Capital Company (“CCCC”), were recently released, shedding light on whether the corporate veil . . . [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.

PÉNAL (DROIT) : Les accusés dans l’affaire communément appelée Faubourg Contrecoeur subiront leur procès sous des accusations de fraude, d’abus de confiance, de fraude envers le gouvernement et de complot; leurs requêtes en arrêt des procédures sont rejetées.

Intitulé : Catania c. R., 2016 QCCQ 15023
Juridiction : Cour du . . . [more]

Posted in: Summaries Sunday

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 (January 1st — 27th, 2017 inclusive).

Appeals

Constitutional/Administrative Law: Charter Damages; Judicial Review
Ernst v. Alberta Energy Regulator, 2017 SCC 1 (36167)

The Charter damages claim is struck. Whether Charter damages could be an appropriate remedy concerns how

. . . [more]
Posted in: Summaries Sunday

Ending the Signature Fetish?

A man was injured driving a go-kart at a track in Saskatchewan. He sued the owners of the track. The owners moved to dismiss the action because the plaintiff had waived their liability on an electronic form. The plaintiff argued that it was not clear that he had signed the waiver. Held: for the owners.

Quilichini v Wilson’s Greenhouse, 2017 SKQB 10 (CanLII)

The court considered SK’s Electronic Documents and Information Act, which implements the Uniform Electronic Commerce Act. The court properly (in my view) looked at s. 18 of the Act (s. 20 of the Uniform Act) . . . [more]

Posted in: Case Comment, ulc_ecomm_list

Finding the Best Ways Forward: A Symposium on Children’s Participation in Justice Processes

I am delighted to announce Finding the Best Ways Forward, a two-day national symposium scheduled for 15 and 16 September 2017 in Calgary, featuring keynote speakers Mr. Sheldon Kennedy of the Sheldon Kennedy Child Advocacy Centre and Dr. Nicole Sherren of the Alberta Family Wellness Initiative.

Finding the Best Ways Forward is aimed at gathering together leading stakeholders to share information and dialogue about how the voices of children and youth are heard, how their interests are protected, and how their evidence is received in justice processes. The symposium will generate innovative proposals for policy reform, best practices, . . . [more]

Posted in: Education & Training, Justice Issues, Practice of Law

Time for Webcams in the Courtroom? the Imperative of Transparency and Accountability

“Sunlight is said to be the best of disinfectants.” So declared Louis Brandeis over a century ago. Brandeis’ argument was that shining a light on activities both exposed wrongdoing as well as deterred it. The second part of his quote is that “electric light the most efficient policeman.”[i] Writing in 1914, Brandeis was ahead of his time. In 2017, his words should make us sit up and take notice. Especially when it comes to the administration of justice.

Justice Morris Fish – recently named to the Order of Canada – understood Brandeis’ quote more than others. Fish was a former . . . [more]

Posted in: Legal Ethics