It hasn’t taken long for a court to apply the new tort of invasion of seclusion first recognized by the Ontario Court of Appeal in Jones v. Tsige January. While not providing a great deal of added nuance, the Small Claims Court’s decision in Connolly v. Telus Communications Co., [2012] O.J. No. 464, does provide some new insights. While providing little new insight into the substance of this new tort, the case is somewhat remarkable for its very subject matter.

First, it involves a lawsuit by an aggrieved Telus customer sued his mobile service provider over its perceived mishandling . . . [more]

On February 17, 2012, the highest court in Canada disagreed with Quebec parents and dismissed their case. Writing for the majority, Justice Marie Deschamps said the parents failed to show that the Ethics and Religious Culture (ERC) curriculum interfered with their ability to transmit their faith to their children stating:

Artists are cutting, burning, and hanging books to create “shaped prose”, landscapes, and faces. University of Iowa professor, Garrett Stewart, sees these book sculptures as symbols of “renewable intellectual energy.” The resulting art is pretty incredible, albeit bittersweet,and sometimes strangely beautiful (such as the Edinburgh paper sculptures). This “book tree” from a gallery in the Netherlands is a good example:

Give Law Books to Art

Law libraries in the Netherlands have also gotten into the act. Here is a sculpture created out of law books that have been written in, torn, or defaced in some way. Now, they . . . [more]

On average, the typical lawyer does not use cutting edge technology, and even if we do have the latest smartphone or tablet, we generally don’t push the envelope for its use. It is worthwhile though (at least for those of us who might be described as tech geeks) to think about how we might better use the tech we have now, and what might lie ahead. For example:

Microsoft announced in November a modified version of the Kinect that is designed to work with PC’s, rather than the XBox. So Minority Report like gesture control can now be used, for . . . [more]

Here are the three most-consulted English-language cases on CanLII for the week of February 14 – 21.

♨ 1. R. v. Smickle 2012 ONSC 602

[1] At just before 2:00 am on March 9, 2009, Leroy Smickle was engaged in a very foolish act. He was alone in the apartment of his cousin, Rojohn Brown, having elected (because he had to be at work in the morning) to stay in while his cousin went out to a club. Mr. Smickle was reclining on the sofa, wearing boxer shorts, a white tank top, and sunglasses. Thus clad, he was in the

. . . [more]

A senior commercial litigator who had just completed five days of civil mediation training in BC commented: “That didn’t look at all like what I have experienced in mediation!”

With a little probing, he expanded on the disconnect that he experienced as follows:

Attribute Training Model Commercial Mediation Model Mediator selection Process expertise Subject matter expertise Pre-mediation preparation Detailed separate meetings between mediator and each party and counsel, if any, to discuss underlying interests, goals Little or no interaction with the mediator prior to mediation. Possibly some exchange of mediation briefs (similar to court submissions) Mediation Emphasis on joint meetings . . . [more]

The Globe and Mail (see here) is reporting today on a recent article from Forbes.com (see here) about so-called “love contracts” in the workplace. The name alone does not necessarily lead to the correct conclusion as to the actual purpose of these contracts: love contracts are meant to be signed between two romantically-involved coworkers stating that their relationship is consensual and that they understand the employer’s policy on harassment.

Indeed, office romances, while not uncommon, can make life difficult for employees and employers alike when they head south. Some time ago, my colleague, Gabriel Granatstein, wrote a column . . . [more]

The Ontario English Catholic Teachers Association Health and Safety Committee has produced and published a report [PDF] that urges wifi be regarded as a workplace hazard in schools. The OECTA website glosses it this way:

A position regarding the use of Non-Ionizing Electromagnetic Radiation, including WiFi, in the workplace, Researched and presented by the OECTA Provincial Health and Safety Committee, January 2012

There are growing health and safety concerns regarding the widespread use of technology, such as cellular phones and wireless computer networking (WiFi), which produce non-ionizing electromagnetic radiation. It is estimated that at least 3 per cent of

. . . [more]

We are deep in Pilot rollout of Windows 7 and Office 2010 at Field Law. It is fun, interesting, frustrating, and intense.

Fun – I love learning new things, especially technology things. I especially like being in Pilot groups where I can see that my feedback is shaping the way we offer these tools to the rest of the firm.

Interesting – It is interesting to see how ribbons and menus were contemplated by the developers who are likely not the same folks who created Windows originally. New technologies are often, for me, a glimpse of how the current generation . . . [more]

One thing has become clear in the last few months: Hollywood has declared war on the Internet. Rupert Murdoch and his colleagues, not content with grossing billions of dollars on their blockbuster movies have decided to spent some of those billions to lobby congress to try and get legislation passed that would give them the ability to more quickly (and with minimal due process) shut down file sharing sites that they think are hosting pirated content. Of course, Mr. Murdoch has demonstrated that he has a fairly fuzzy understanding of how links and such work so if it’s up to . . . [more]

The 2012 Conference in Toronto will mark the 50th annual meeting of the Canadian Association of Law Libraries and provide an occasion to highlight many of the accomplishments of the association and its members over the decades since its creation. One of many accomplishment worthy of note is the Index to Canadian Legal Literature for which CALL provided both the inspiration and the support required to create a Canadian publication that met international indexing standards.

The Proposal for a New Index

In December 1983, The Canadian Law Information Council and The Canadian Association of Law Libraries developed a proposal to . . . [more]

♬ Every day create your history
Every path you take you’re leaving your legacy…♬

Music and lyrics by Michael Jackson, James Harris the 3rd and Terry Lewis; recorded by Michael Jackson.

Law students across Canada are about to make history. They are preparing to argue a Legal Appeal using twitter.

Marketwire has reported that Yana Banzen and Kowlasar Misir, two students at the University of Ottawa’s Law School, are gearing up to participate in the world’s first ever Twitter Moot, scheduled for 21st February at 1pm EST.

This Twitter Moot is a project of West Coast Environmental Law. Accordingly, it . . . [more]