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Archive for 2012

The Friday Fillip: A Little Bird Told Me

Some cool stuff, mostly about Twitter — that might have a chill attached.

The One Million Tweet Map (from Maptimize) shows you where in the world the birdsong is coming from. This has a fascination all its own, a kind of gossip about gossiping writ large, perhaps. And then there’s what it reveals about Canada. When you zero in on this, the second largest country in the world, you see (once again) how much we huddle in the south. And, apologies all round, how much of the action is centred in the GTA.

The map can show you recent . . . [more]

Posted in: Miscellaneous

You Might Like … to Spend a Mo With Cuneiform, Kite, Ketchup, Skeptics, Scandi-Noir and More

This is a post in a series appearing each Friday, setting out some articles, videos, podcasts and the like that contributors at Slaw are enjoying and that you might find interesting. The articles tend to be longer than blog posts and shorter than books, just right for that stolen half hour on the weekend. It’s also likely that most of them won’t be about law — just right for etc.

Please let us have your recommendations for what we and our readers might like.

. . . [more]
Posted in: Miscellaneous, Reading: You might like...

The Changing Availability of Case Law

Young Canadian lawyers will have trouble understanding a time when only a few judicial decisions were published and access to decisions was difficult.

In 1965 Maritime Law Book was founded in response to a need, namely, access to judicial decisions.

In 1965 the Maritime Provinces Reports (a Carswell publication) published one volume per year and the volume contained 40 to 50 cases from the four Atlantic provinces. The Dominion Law Reports (a Canada Law Book publication) was very selective and contained very few cases from the Atlantic provinces.

A New Brunswick lawyer might find less than five New Brunswick cases . . . [more]

Posted in: Legal Publishing

Fee-Earner/Fee-Burner Divide Widens at McCague Borlack

I’m in Saskatoon today so this is a short blog – but an important one nonetheless.

Today’s Toronto Star breaks the story of Toronto law firm, McCague Borlack (which recently entered into a two-year alliance with British firm DAC Beachcroft which may eventually lead to a merger) and its attempt to stop what name partner Howard Borlack claims is abuse by some clerical or secretarial staff at his firm. The Star quotes Borlack “Some people were abusing the system….We had people taking two to three hours for lunch and we had no way of knowing. . . . Some people . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management

Canadian Centre for Court Technology Guidelines on Social Media in the Courtroom

Last week, the Canadian Centre for Court Technology (CCCT) held its Forum 2012 in Montreal.

The Centre brings together justice system partners such as the Canadian Judicial Council, the Canadian Bar Association and the Federal, Provincial and Territorial Deputy Ministers of Justice to look at how technology can improve the efficiency amd effectiveness of the court system in Canada.

At the meeting, the CCCT released Draft National Guidelines Regarding the Use of Electronic Communication Devices in Court Proceedings (Twitter, blogging etc.)

It also published a very useful compilation of existing court policies on the issue from across the country.

South . . . [more]

Posted in: Technology: Internet

Bonfire of Insanities

I’m not sure when it happened but at some point people just lost their minds. Even otherwise rational people are behaving like sugar-loaded children on Christmas morning; running around in circles screaming for no apparent reason.

I’m speaking, of course, of the mobile device market.

A snappily dressed fellow goes on a stage and says the words “iPhone” or “Surface” and next thing you know thousands of people are lining up to pay hundreds of dollars for one without the slightest idea of what it really IS. In the consumer world this has become commonplace but what’s startling is how . . . [more]

Posted in: Legal Technology

Property in a LinkedIn Account: Employer or Employee?

At the IT.Can conference earlier this week, I outlined some legal issues with social media.

One of my quick points was that there could be an issue about the entitlement of an ex-employee to a professional LinkedIn account. The case I had in mind in listing the issue was one involving a woman named Linda Eagle, who built up a company with her own name, but when she sold it and the new owners fired her, a dispute arose whether they could keep her LinkedIn profile. Since her assistant had her password, the employers managed to take over the . . . [more]

Posted in: Substantive Law: Foreign Law, Technology: Internet, ulc_ecomm_list

Employer Discriminated by Terminating Disabled Employee, but Not by Paying Her $1.25 Per Hour… Reconsidered Again

At issue in the second request for reconsideration is the Tribunal’s determination that an ongoing wage differential between disabled and non-disabled employees is not a series of incidents for the purposes of determining the limitation period provided by section 34(1) of the Human Rights Code.
Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions

Death of Blogging? Not So Fast

Adrian Lurssen’s recent piece, “Are We Heading to a Post-Blogging World?”, made waves last month, and I’ve been mulling it over ever since. In short, Adrian discusses the growing trend of writers foregoing their own blogs to publish under branded media platforms such as the Huffington Post. He cites the presence of a built-in audience and the ability to piggyback on brand reputation as answers to the problems of “how to be read” – reasoning that “how to publish” has never been easier.

Adrian is spot-on in his assessment of the value of developing a targeted readership. I . . . [more]

Posted in: Legal Marketing

Salmon Commission Report Released

The report of the Cohen Commission, which invested the decline of sockey salmon in the Fraser River, released its report to the public today. The $25 million inquiry reviewed 3 million pages of evidence and 179 witnesses over the course of 2 years.

The salmon decline caused significant concern in B.C. because fisheries were closed for several years, despite favourable pre-season estimates. In 2009 only 1.4 million of an expected 10 million salmon returned to spawn.

The report was unable to identify any single cause for the decline, noting that the situation was complicated:

Some, I suspect, hoped that our . . . [more]

Posted in: Substantive Law

IT.CAN CLE

I attended the annual IT.CAN conference Monday and Tuesday in Montreal. I find the IT.CAN conferences are consistently high quality, and the best continuing legal education option for lawyers practicing in the tech space. Topics at this conference included things such as content convergence and the regulatory framework, legal issues surrounding cloud computing, social media, digital commerce and clean tech, advanced software licensing, an annual update on IP issues, privacy and anti-spam updates, health care IT, outsourcing trends, public sector IT issues, and cyber libel. 

While attendance was strong, and included (as always) many well-known IT practitioners, there is always . . . [more]

Posted in: Education & Training: CLE/PD

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This project has been made possible in part by the Government of Canada | Ce projet a été rendu possible en partie grâce au gouvernement du Canada