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Archive for July, 2013

English Court Sanctions Jurors Who Used Internet

In a decision released yesterday, HM Attorney General v Davey [2013] EWHC 2317 (Admin), the High Court of England and Wales gave leave for applications for committal orders for contempt of court against two men, each of whom had sat as a juror in a criminal case and each of whom had used the internet in contravention of instructions not to do so.

Davey posted the following message to his Facebook account at the end of the first day of the trial:

Woooow I wasn’t expecting to be in a jury Deciding a paedophile’s fate, I’ve always wanted to

. . . [more]
Posted in: Substantive Law: Foreign Law, Technology: Internet

Woman Waives Her Right to Be Recognized as a Person Under Law; Demands CRA Pay Back All Taxes Collected From Her Over Previous 10 Years

In a recent case, Heather Sinclair-McDonald, Human Being, asserted that she had waived her rights as a person under the law and therefore the Income Tax Act did not apply to her. She sought an order requiring CRA to pay back all taxes collected from her over the last ten years.

The CRA was able to have the lawsuit dismissed at the outset on the basis that Ms. Sinclair-McDonald’s claim did not disclose a reasonable cause of action.

The court noted that argument made by the plaintiff, that she is a human being and not a person recognized under . . . [more]

Posted in: Substantive Law: Judicial Decisions

Water Damage and Your Home Insurance

The recent floods in Calgary and Toronto have brought considerable attention to the water damage coverage and exclusions of most home insurance policies. Water damage represents approximately 40% of all eligible home insurance claims, and costs the Canadian insurance industry just under $2 billion annually. While most home insurance covers water damage, there are two significant situations excluded in a standard policy: flood and seepage. 

A flood, according to the Insurance Bureau of Canada, is defined as water flowing overland and entering your home through windows, doors and cracks. This is surface water on what would otherwise be dry . . . [more]

Posted in: Practice of 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.


Cool Pics of Cool Things on
Dan Pinnington

There are loads of photo sharing and collection sites on the web. One can spend many hours wondering around looking for great pictures. One site worth a visit is It has collections of photos of “cool” places, stays, art, photos, gadgets, transport, outdoor advertisements, food and architecture. . . .


Read About Clients
Shaunna Mireau

The best legal . . . [more]

Posted in: Tips Tuesday

Privacy Not Protected by Short Passwords?

The Commission nationale de l’informatique et des libertés (CNIL – the French privacy authority) has recently found a company in breach of its duty to protect the personal information of its employees because the company used unduly short passwords that were too easy to guess and that were not changed often enough. (See the story on Le Village de la Justice)

According to the CNIL, the employer should have had a password policy that required longer passwords composed of letters, numbers and special characters, and that also required that the passwords be changed frequently.

It was not demonstrated that . . . [more]

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

Goings and Comings

One of our columnists, Patrick McKenna, is no longer able to write for Slaw. His twenty columns over the years were a valuable contribution for which we are very grateful. His insights will be missed.

Geneviève Lay has informed us that after two years on board she must withdraw from blogging on Slaw. Fortunately her colleague at Norton Rose Fulbright, Maya Angenot, has agreed to join Slaw as a regular blogger.

Maya is an associate at Norton Rose Fulbright who practices in the areas of civil and commercial litigation, with a particular interest in class action matters, as well . . . [more]

Posted in: Announcements

Lessons From the Road: Slow Down to Get Ahead

I now continue sharing some of the lessons I learned from walking the historic pilgrimage route in France and Spain, the Camino Frances, over six weeks in May and June. Before we started our journey, the question in our minds was how we were going to sustain walking 20 or 25 (or even 30) kilometres a day, carrying all our belongings? We practiced hiking regularly with our backpacks loaded, but could only really manage time for walking two or maybe three days in a row. How would we walk for 35 days?

After the first two weeks–especially walking through . . . [more]

Posted in: Legal Information: Information Management, Miscellaneous, Practice of Law: Practice Management

Canadian Judicial Council Annual Report

The Canadian Judicial Council (CJC) has just released its 2012-2013 Annual Report, aussi disponible en français, naturellement.

The Report noted the publication during the year of three informational documents related to the role of technology:

Judicial conduct, one of the key concerns of the CJC, will be the subject of review:

In the coming months, Council will consider how best to engage stakeholders and other Canadians to explore all and any appropriate avenues

. . . [more]
Posted in: Miscellaneous, Reading

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. Legal Post   2. Le Blogue du CRL   3. Environmental Law and Litigation   4. Michael Geist    5. Legal Feeds Blog
Posted in: Monday’s Mix

Review of the iPad in One Hour for Litigators

We have long been fans of Tom Mighell’s iPad books, which include iPad in One Hour for Lawyers, iPad Apps in One Hour for Lawyers, and now the third member of the series, iPad in One Hour for Litigators. If lawyers have tended to fall in love with the iPad, litigators are becoming obsessed with it.

The small form factor, the ease of use and the ability to compete with large firms which have huge litigation budgets have all been factors. One thing we’ve seen as we lecture is that litigators buy the iPad and only then ask, . . . [more]

Posted in: Legal Technology

A Law School for Homophobes

It’s not enough that there are some who claim there are already too many law schools in Canada, too few articling positions, and too much competition in the job market for junior lawyers. Now they want to make another law school which appears reserved for homophobes, or at the very least a law school which explicitly states that homosexuality is wrong.

The proposed law school would be housed at Trinity Western University (TWU) in Langley, B.C., a private Christian institution associated with the Evangelical Free Church of Canada, with approximately 3,500 students. The school has a Community Covenant Agreement which . . . [more]

Posted in: Education & Training: Law Schools