For Ontario lawyers a significant decision this morning of importance to civil litigators on the new rules concerning summary judgments.

Five cases decided together raise a number of issues concerning the interpretation of the new Rule 20, including the nature of the test for determining whether or not summary judgment should be granted, the scope and purpose of the new powers that have been given to judges hearing motions for summary judgment, and the types of cases that are amenable to summary judgment.

The grouped appeals are from decisions of the Superior Court of Justice under Rule 20 of . . . [more]

Love them or hate them, Apple devices such as the iPhone, iPad and MacBook are rapidly changing the way lawyers practice law. In just a few short years the technology lawyers use has shifted homogeny of PCs and BlackBerries to a diverse mix of PCs, Macs, iPads and iPhones. RIM, meanwhile, is imploding.

To try to keep a pulse on the rapidly shifting IT landscape, Clio, in cooperation with MILOfest, is holding the second annual Apple in Law Offices Survey – please take the survey. There’s a chance to win an iPad 2 to boot!

As I did last . . . [more]

Last month the Federation of Law Societies of Canada released a long-awaited Report on Conflicts of Interest prepared by its Standing Committee on the Model Code. This was the third attempt by the Federation with previous reports prepared by a Special Advisory Committee on Conflicts of Interest in June 2010 and in February 2011. The Federation settled the conflicts issue except for the thorny conundrum of current client conflicts. A copy of the almost-finished Model Code is available here. If this report is adopted by the Federation’s National Council it will mark the completion of the Model Code . . . [more]

I was at my monthly book club meeting the other night. As is our wont, after a solid discussion about the book (Blood Meridian by Cormac McCarthy) we moved along to other topics of import. The question about women in law firms came up, not surprisingly since I am a law librarian and another member of the group is a lawyer. The rest of the group were surprised to learn that, despite law school students being at least half female, the percentage of female partners in firms still falls significantly short of the 50% mark.

We speculated on various . . . [more]

Erik Magraken

There are two types of expert medical witnesses in personal injury cases; treating physicians and ‘professional‘ witnesses. I don’t note this with any criticism of the latter category but simply point out that often doctors are brought to Court (by both plaintiffs and defendants) to act as independent medical experts to provide opinion evidence. These professional witnesses often have no role in treating an injured plaintiff.

The BC Supreme Court Rules have strict requirements for expert opinion evidence. These Rules are applied with equal rigour to both categories of experts. ‘Professional‘ witnesses often have . . . [more]

[with Meredith James]

Is it acceptable for legal pollution levels to be higher in some neighbourhoods than in others? In the US, pollution is often concentrated in areas of colour, including the famous Cancer Alley. Changing this is called “environmental justice”, and is an important priority for US EPA Administrator Lisa Jackson.

(Ecojustice has framed the same issue as a Charter challenge in its work on behalf of two members of the Aamjiwnaang First Nation. It argues that Ministry of the Environment ongoing approval of multiple sources of pollution surrounding their Sarnia reserve violates their rights to life, liberty and . . . [more]

“In many ways a trial, like skydiving, is not inherently difficult; however both can be terribly unforgiving of the slightest inattention.”
“Courting Justice”, David Boies (Hyperion -Miramax 2008)

Referral advocacy is a model by which court advocacy is undertaken by a specialist bar to whom other lawyers refer as needed.

Lawyers who refer to specialist advocates lose the headaches of trial work, the havoc it wreaks on a practice, and the responsibility for an unfavourable outcome. Yet they gain the ability to offer their client specialist advocacy services at more predictable cost, and the client’s gratitude when the outcome is . . . [more]

What do you do when a website claims that you are an international criminal kingpin, and it’s affecting your business?

Altaf Nazerali, the plaintiff in Supreme Court of British Columbia decision Nazerali v. Mitchell, discovered a number of articles about him on a website, Deep Capture, including allegations of arms trading, ties to the Iranian regime, and that he was part of a criminal enterprise with ties to the Italian and Russian mafias and Colombian drug cartels. The website even claimed he attempted to sell enriched uranium to Al-Qaeda.

The plaintiff was actually in the business of founding, . . . [more]

An English (and Welsh) court has held that Google, as owner of Blogger.com, is not liable for defamation posted to a blog, even after the subject of the defamation gave notice that the post was defamatory. Google passed on the allegation to the blogger, who told Google the original post was true. The court said that Google was not in a position to adjudicate between the two claims (lies vs truth). The plaintiff still had her remedy against the blogger(s).

The case is Davison v Habeeb et al (including Google), [2011] EWHC 3031 (QB). A story about the case . . . [more]

Now being reported widely (5, 6, 7), Wikileaks and partners have documented an international market in computer, cellphone, and GPS surveillance software that can and has be used by governments for the use of tracking down dissidents. Muammar Qaddafi is the poster child, at the moment, but the practice is widespread, as indicated on this interactive map.

I have a friend who jokingly teased me for imagining that governments could possibly care what I say or who I call. When it is this easy, though, it would seem almost perverse for them to deny themselves . . . [more]

Looming right around the corner is that magical time of year, we all get more busy, tensions rise and people run around in oddly coloured clothing…. of course I’m talking about Law School Exam Time. Personally, I do not think that CERN needs to go on trying to break the speed of light because this semester seems to have already done so, which brings us to exam time. Back in September I posted, what I hoped were, a few nuggets about being in law school. What follows are a few more with regards to preparing for and executing exam . . . [more]

John Ruskin, the “leading English art critic of the Victorian era,” didn’t simply opine and judge; he drew and painted as well. The Ashmolean Museum in Oxford has put online his collection of drawings meant to help students of art learn to draw according to his principles. The drawings, often coloured with water colours, are made available in a way that lets you zoom in to investigate and appreciate the details of his technique.

But I thought that rather than this somewhat passive involvement with Ruskin, you might prefer some classes on how to draw, using Ruskin’s drawings. . . . [more]