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Archive for June, 2013

Proposed Regulation: Samples of Bodily Substances Regulations

A lawyer in my office pointed out the Samples of Bodily Substances Regulations published in the Canada Gazette Part I (proposed regulations) on June 1, 2013. This proposed regulation was drafted as part of legislative reform that was required as part of the decision in R. v. Shoker. and the related Response to the Supreme Court of Canada in R. v. Shoker Act which was assented to in March of 2011. as the Regulatory Impact Analysis Statment points out:

This Act amends the probation, conditional sentence and peace bond provisions of the Criminal Code to provide explicit authority for

. . . [more]
Posted in: Substantive Law: Legislation

Scholarly Exchange on Eric v. Lola

There’s some good stuff happening over on Osgoode Hall Law School’s IFLS blog, which is managed by the impressive Sonia Lawrence. I’m referring to a “roundtable” discussion about the recent Supreme Court of Canada case Quebec (Attorney General) v. A, 2013 SCC 5, otherwise known as Eric v. Lola. The old song says “whatever Lola wants, Lola gets” — but not this time. The majority of the court supported the exclusion of de facto spouses from the provisions of the Civil Code governing spousal support and division of property, making Québec (yet again) unique among the provinces. This, . . . [more]

Posted in: Education & Training: Law Schools, Justice Issues, Reading: Recommended, Substantive Law: Judicial Decisions

Bags or Boxes? Plaintiff Fails to Establish That Defendant Is Responsible for Explosion of Over 1,200 50 Gallon Containers of Tomato Sauce

A recent, and entertaining, decision of Justice Morgan demonstrates how sometimes the court must make decisions in the face of being presented with two compelling, competing, theories. It also demonstrates the fundamental legal principle that the Plaintiff has the onus of establishing its case on a balance of probabilities.

The Plaintiff is the owner and operator of a tomato processing plant and storage facility in Leamington, Ontario, the tomato capital of the country.

The Defendant is the creator of the “bag-in-box storage system”. The Defendant manufactures aseptic bags that line the inside of boxes that are designed to be used . . . [more]

Posted in: Substantive Law

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.


Use Speak Selection to Have Your iPad or iPhone Speak to You
Dan Pinnington

Sometimes you just want to sit back and listen. It is very easy to have your iPad or iPhone read text to you (iOS 5 and iOS6). Go to Settings > General > Accessibility and turn “Speak Selection” to on. After doing this, simply…


Remember Open Data
Shaunna Mireau

Today’s Tip is really about

. . . [more]
Posted in: Tips Tuesday

Are in-House Lawyers Influenced by Social Media?

The results of the 2013 In-House Counsel New Media Engagement Survey conducted by GreentargetInsideCounsel and Zeughauser Group in February 2013 reveal that among the 379 in-house counsel who responded, social media use and consumption of information on mobile devices are on the rise.

Here’s a breakdown of some of the results and what lawyers can do to get the attention of in-house counsel online.

Most Popular Media for In-House Counsel

LinkedIn, the “professional network,” is the one in-house counsel turns to most to obtain information and to expand their professional contacts. Two thirds of all respondents . . . [more]

Posted in: Legal Marketing

CALL/ACBD Endorses Joint Statement on Qualities of a Successful Librarian and Archivist of Canada

The Canadian library and archival communities share a common interest in the impending appointment of a new leader for Library and Archives Canada. Over the past week, the Canadian Association of Law Libraries has collaborated with other national and provincial associations to consider the qualities we believe are necessary for a successful candidate to the position of Librarian and Archivist of Canada.

For more information, and to read the Joint Statement visit this link.

See also:

CAUT’s Efforts to Save Library and Archives Canada
CAUT’s List of Federal Library Closures. . . . [more]

Posted in: Legal Information

What Have You Done for the Client Lately?

Save the cheerleader, save the world. That was the tagline for the popular first season of the TV show Heroes several years ago – the cheerleader was the key to the mystery.

In terms of the legal industry, expert Richard Susskind suggests that kind of causal relationship might be stated as “change the incentives, change the behaviour” – incentives are the key to creating a profession that can flourish into the next decade and beyond.

In a paper prepared for the CBA’s Legal Futures Initiative, Susskind notes six key issues facing the legal industry, many of them also noted by . . . [more]

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

Inadequate Investigation/Discovery Now the #1 Cause of Claims

The devil – as they say – is in the details.

And it’s the details that appear to be creating issues for lawyers when it comes to the principal underlying cause of LAWPRO claims.

Back in 1998, “inadequate discovery of fact or inadequate investigation” was the fifth most common cause of a claim when we looked at the top five reasons a claim was made against a lawyer.

Since then the claims cause of “inadequate investigation” has climbed steadily upwards to the number one spot: By 2011, this category of errors had more than doubled in frequency. Moreover, claims resulting . . . [more]

Posted in: Reading: Recommended

Is It Feasible to Restrict a Practice to Advocacy Services? Short Survey.

If you are a civil litigator and a matter you have handled through pleadings, discoveries and unsuccessful mediation must now go to trial, would you consider recommending that your client hire a lawyer who has substantially more trial experience to run the trial, with your continued involvement? Assume the cost to the client would be the same as if you took the trial.

If the answer is No, is it because:

A) a new lawyer could never get the feel for the evidence you have built up through your involvement;

B) it is not worth it merely for more trial . . . [more]

Posted in: Practice of Law: Future of Practice

BCCA Practice Directive Re Citation of Authorities

The British Columbia Court of Appeal recently (May 30) released a practice directive dealing with the citation of authorities. Based on the McGill Guide, as you’d imagine, it sets out in detail what the court (the directive would have “Court”) requires, down to the level of periods and point size. Importantly, it recognizes the supremacy and sufficiency of the neutral citation, noting that “[a]dditional (parallel) citations are optional.” The directive also encourages the use of hyperlinked citations and requires citation to paragraph number rather than page number, inferentially acknowledging the death of print versions.

The comparable directive from the . . . [more]

Posted in: Practice of Law, Technology: Internet

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 forty-one recent 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. Doorey’s Law of Work Blog 2. Thoughtful Legal Management 3. Social Media for Law Firms 4. First Reference Talks 5. Entertainment & Media Law Signal

Doorey’s Law of Work Blog
‘Insubordinate’ Articling Student Dismissed For Cause 

A lawyer in British Columbia has lost his wrongful dismissal case against a . . . [more]

Posted in: Monday’s Mix

Of Taj Mahals and Strip Malls

A professional friend of mine in the health-care field once confided to me his very wise approach to automotive shopping. “You want to be classy. Refined. Executive. I can’t show up in an old econo-box and still expect the patients to trust and respect me” he said. “On the other hand, there’s a balance. You don’t want to be so classy, refined or executive that your patients leave your office through the parking lot wondering why they’re paying you so damn much.” Kia and Porsche? Not so much. Stylish but sensible Acura? Just right.

It turns out that courthouses can . . . [more]

Posted in: Justice Issues