Canada’s online legal magazine.

Archive for April, 2011

Dealing With Difficult Judges

The latest edition of LAWPRO’s webzine has a number of articles specifically for litigators. One of them is an excellent paper from Justice Carole Curtis called Dealing with Difficult Judges.

Litigators of all stripes will find helpful reminders and suggestions on such topics as knowing your judge, planning strategy in advance, avoiding ‘head butting’, and protecting the record, your client and your reputation.

Justice Curtis alse describes the categories of difficult judges, and attempts to answer the question of the frustrated litigator: what does the judge want? . . . [more]

Posted in: Practice of Law, Reading

Genevieve Lay

We’re pleased to announce that Slaw has a new member. Geneviève Lay will be joining us. Geneviève is a new lawyer at Ogilvy Renault in Montreal, practicing in the areas of employment and labour law. Prior to joining Ogilvy, she clerked for the Honourable Marc de Wever and the Honourable Marie St-Pierre of the Quebec Superior Court. She was also director of community services for the McGill Legal Information Clinic. She is also co-editor and contributor to the Quebec Labour Law blog.

Welcome on board, Geneviève. . . . [more]

Posted in: Announcements

SLA’s Future Ready 365 Blog

Are you ready to meet the future? Special Libraries Association members have been exploring this question on the Future Ready 365 blog, discussing potential and what it takes to make us as individuals, an association, and the profession as a whole ready for the future. SLA President Cindy Romaine explains that being “future ready” for members, the Association and the profession is supported by four pillars:

  • Collaboration to accelerate the availability of useful information
  • An adaptable skill set that anticipates and responds to the evolving marketplace
  • Alignment with the language and values of the community you serve
  • Building a
. . . [more]
Posted in: Legal Information: Libraries & Research, Reading: Recommended

Could Guest Bloggers Sue?

Collaborative blogs, and inviting guest bloggers, is one of the most effective ways to maintain continuity for professional blogs. But who owns the intellectual property of the posts, especially if the site goes commercial with the intent to gain profit?

Jonathan Tasini started writing for the Huffington Post when the site was just 7 months old, writing 216 pieces, and stopped blogging on February 10, 2011, just 3 days after a purchase of the site by AOL was announced.

He’s launched a class-action lawsuit against AOL Inc., TheHuffintonPost.Com, Inc., Arianna Huffington and Kenneth Lerer for damages and injunctive relief. The . . . [more]

Posted in: Legal Information: Information Management, Substantive Law: Foreign Law

Google Books Update

It’s been a month since the Google Books settlement was rejected, as reported to Slaw here, and a number of themes have emerged in the online discussuion.

Some of the most cogent comments come from Robert Danton, Harvard’s University Librarian, an opponent of the settlement: Six Reasons Google Books Failed (New York Review of Books).

Perhaps the most balanced and detailed guide to the decision itself comes from the Association of Research Libraries:

. . . [more]
Posted in: Legal Information, Technology: Internet

Alan Borovoy Receives Canadian Library Association Award for the Advancement of Intellectual Freedom

Alan Borovoy, General Counsel Emeritus of the Canadian Civil Liberties Association, is the recipient of the 2011 Award for the Advancement of Intellectual Freedom in Canada. The Award is given by the Canadian Library Association:

Throughout a remarkable career as one of the undisputed leaders in the civil rights movement in Canada, Mr Borovoy has been a tireless advocate for freedom of expression, along with its corollaries freedom of the press and freedom of association; and equally activist for equality and procedural fairness. June Callwood, a recipient in 2006 of the same Award, dubbed him “Mr. Civil Liberties.”


. . . [more]
Posted in: Miscellaneous

New Canadian Legal History Blog

The Osgoode Society for Canadian Legal History has been publishing a new blog, Canadian Legal History, for just over a month now. (Shame on us for not finding out faster. Shame on them for not telling us.) With the exception of the first welcoming post by University of Toronto law professor, Jim Phillips, all the posts thus far are by Mary Stokes, the R. Roy McMurtry Fellow in Canadian Legal History at Osgoode Hall Law School. Posts are running at about one or two a week.

Currently on Blogspot, the blog will be moving to the Osgoode Society’s new . . . [more]

Posted in: Education & Training, Legal Information

Employer Monitoring Employees With GPS Tracking

In a recent training session I attended, I was surprised to hear how many of the participants indicated that, to control business-related driving hazards, they use global positioning systems, or GPS, to help keep track of their employees, whether using an employer-provided vehicle or personal vehicle.
Posted in: Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Osler BPSAA Advice Receives Critique

An information bulletin by Michael WattsRoger Gillott and Sarah Harrison of Osler, Hoskin & Harcourt LLP from October 22, 2010, Proposed legislation aims to create greater public accountability, has garnished quite a bit of controversy this week.

The article discusses the Broader Public Sector Accountability Act, 2010 (BPSAA), which received Royal Assent on December 8, 2010. The Act creates new rules for transparency and accountability for publicly funded broader public sector organizations, including hospitals and LHINs.

The new rules come into force on January 1, 2012, and amend the Freedom of Information and Protection of Privacy . . . [more]

Posted in: Legal Information: Publishing, Substantive Law: Legislation

Outsourcing – Key Considerations in Managing Negotiations With Subcontractors

In almost all business process outsourcing transactions it is virtually impossible for one service provider to perform all of the services required. So subcontractors become fundamental to the delivery of the services. Here’s our list of some key issues to manage when dealing with subcontractors. 

1. One Throat to Choke.
Or perhaps more politely, one hand to shake. Remember that whether your deal involves one subcontractor or a consortium of them, the customer will insist on the prime contractor remaining liable for performing all of the obligations under the outsourcing contract, regardless of whether some of the obligations have been . . . [more]

Posted in: Outsourcing

Data Vulnerabilities for Apple and Dropbox

As those who read me will know, I’m a big fan of Apple products, the proud user of an iPhone. And I think Dropbox is a cloud with silver on the outside and on the lining. In the last couple of days I’ve learned about vulnerabilities for each that make me realize again how exposed my data are and make me more determined to learn about — and use — encryption.

About a month ago I wrote about a German politician who was alarmed at the detailed nature and the duration of the data kept by his service provider ( . . . [more]

Posted in: Practice of Law, Technology: Office Technology

Tablet Wars Continue

Several of us on Slaw are convinced that tablet computers are game changers.

Apple clearly has the lead with the iPad – with sales of the first version of around 15 million in the first year. While the iPad is the device that is setting the bar, and that all others are compared to, it is not perfect. Critics point, for example, to its lack of flash support and lack of usb connectivity. Others are scrambling trying to get into the market. As an indication of just how competitive the field is, consider the following recent developments.

The Blackberry Playbook . . . [more]

Posted in: Technology