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Archive for 2012

Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed on CanLII and we give you a small sense of what the cases are about.

For the week of November 28 to December 4th:

  1. Magder v. Ford 2012 ONSC 5615

    [1] This is an application brought by a municipal voter, Paul Magder, under s. 9 of the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50 [MCIA] against the respondent, Robert Ford, the current Mayor of Toronto. At a meeting of Toronto City Council on February 7, 2012, the respondent spoke to

. . . [more]
Posted in: Wednesday: What's Hot on CanLII

Alberta Law Conference 2013

From January 31 to February 1, 2013 the Hotel MacDonald in Edmonton will be filled with lawyers and judges attending the Alberta Law Conference. This annual continuing legal education offering is always an excellent learning and networking opportunity. The theme of the 2013 Conference is “Working with Judges and the Courts”. The conference will explore the ways that judges and counsel interact and will also explore techniques for improving such interactions.

I have the honour of hosting the Social Media/Privacy panel at the conference. Naturally, the panel is weighted with some familiar names. Doug Jasinski and Dan Michaluk will . . . [more]

Posted in: Education & Training: CLE/PD

UNCITRAL – Electronic Transferable Records – Moving Right Along

The official report of the October 2012 meeting of the Working Group on Electronic Commerce of UNCITRAL is now online as the first document at this site. (16 pages including formalities)

You will recall that the project is looking for international rules to govern the creation and use of electronic transferable records (ETR), that is, documents that entitle their holder to the delivery of goods or money. The meeting decided that there was enough interest in the topic among businesses and member states to pursue the topic further.

At the outset, the group determined that the elements of negotiability . . . [more]

Posted in: Substantive Law, ulc_ecomm_list

Will UNCITRAL Online Dispute Resolution Rules Work for Consumers?

The United Nations working group for online dispute resolution (ODR) of cross-border electronic commerce transactions (UNCITRAL Working Group III) met in Vienna early in November to continue its work on procedural rules for ODR. This effort has been underway since 2010 and should be nearing completion, but the approach taken by the working group has drawn some criticism from those concerned that its focus is too narrow and its proposed rules will be ineffective.

Professor Vikki Rogers, Director of the Pace Institute of International Commercial Law, one of the facilitators of the 2010 colloquium that put ODR on the UNCITRAL . . . [more]

Posted in: Dispute Resolution

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 technology, research and practice.

Technology
Tagging People Who Do Not Use Facebook in Photos Posted on Facebook
Dan Pinnington

You can actually tag anyone in a photo, even if they don’t have a Facebook account. If you type in the name of someone who is not one of your Facebook friends when tagging a photo, you have the option of listing their email address. . . .

Research
Start at the Beginning
Shaunna Mireau . . . [more]

Posted in: Tips Tuesday

Judge Awards Costs Against Lawyer Who Requires Adjournment Due to Illness

Justice D.M. Brown has awarded costs against a lawyer who sought (and obtained) an adjournment as a result of falling ill the day before an application.

It sounds crazy, until you discover that the real reason that costs were awarded was as a result of the lawyer’s office failing to properly inform the court about the adjournment.

On the day before the application, at 9:52 a.m., an email was sent by Mr. Cosgriffe’s office to opposing counsel advising them that Mr. Cosgriffe had fallen ill and the need to adjourn the hearing.

At 12:20 p.m. opposing counsel responded and indicated . . . [more]

Posted in: Practice of Law: Practice Management

Late-Life Marriage and Will Amendments: Lawyers, Proceed With Caution

As medicine advances and we live longer lives, late-life marriage is more common today than it was when the law governing both marriage and wills first evolved. Where the lawyer learns that an older client has entered into a recent, late-life marriage, a degree of caution is recommended and issues of capacity and undue influence should be considered.

In the new Wills & Estates issue of the LAWPRO Webzine, Nora Rock (corporate and policy writer at LAWPRO) interviewed Kimberly Whaley of Whaley Estate Litigation and asked for her practical recommendations for lawyers working with wills clients who have married late . . . [more]

Posted in: Reading: Recommended

Why Can’t You Just Make It Work Like Google?

How many knowledge management and IT professionals have heard this refrain? Why can’t we just use Google (or something like Google) to find documents inside our organization? Why do we need to spend time and money organizing documents and adding indexing or classification or a taxonomy?

The problem lies with a significant difference between web pages on the Internet and internal documents: Google uses links from other websites as recommendations as to what is good content. It uses links plus a number of other things together in its secret algorithm–which gets changed periodically–to help its system figure out which web . . . [more]

Posted in: Legal Information: Information Management, Technology: Office Technology

Call for 2012 Clawbies Nominations

The month of December has arrived, and so have the 7th annual Canadian Law Blog Awards — a.k.a. the Clawbies! Our public nomination period runs throughout the month; and with the list over at lawblogs.ca closing in on 400 blogs, the choices are better than ever.

Please head over to the Clawbies.ca site for the complete details, but here’s a quick summary of how the awards work:

  • Everyone is invited to nominate three of their favourite Canadian law blogs by tweeting (#clawbies2012), emailing, or blogging their choices. And we’re saying it clearly this year: don’t nominate your own blog.
. . . [more]
Posted in: Technology: Internet

Blaming Law Schools . . .

My Dean, Bruce Feldthusen, has written an article for Canadian Lawyer in response to criticisms in the legal profession about legal education and allegations that we are responsible for creating the perceived articling crisis in Ontario. The title of Dean Feldthusen’s article is pretty self-explanatory: “Legal Profession in Turmoil: Let’s Blame the Law Schools“. . . . [more]

Posted in: Education & Training, Education & Training: Law Schools, Practice of Law, Practice of Law: Future of Practice, Reading, Reading: Recommended

Geneva 4th &5th: Business and Human Rights – Can These Two Partners Dance?

Penny Collenette The tragic fire in the Bangladeshi factory recently sent shivers down the spines of those who research and work in the area of Business and Human Rights, an area that reaches far beyond the limits of CSR (corporate social responsibility). At a two day conference beginning on December 4th in Geneva, nearly 1000 corporate and NGO leaders, lawyers, academics and politicians, will gather to discuss ways in which the two sectors of business and human rights can partner together to avoid human rights abuses and violations.
Posted in: Justice Issues, Substantive Law

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 thirty-five 2010 & 2011 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. Finding Legal Information  2. Clicklaw Blog  3. Doorey’s Workplace Law Blog  4. Social Media for Law Firms  5. Rule of Law

Finding Legal Information
LogMeIn Adds File Storage Sync Called Cubby

Techcrunch has an interesting review of LogMeIn’s new file sync service, Cubby. I haven’t seen . . . [more]

Posted in: Monday’s Mix

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