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Archive for November, 2013

Bill to Protect Employees From Disclosing Genetic Test Results

The day after the federal government identified genetic discrimination as a priority in its speech from the throne on October 16, 2013, Senator James S. Cowan re-introduced Bill S-201, An Act to prohibit and prevent genetic discrimination in the Senate.
Posted in: Justice Issues, Miscellaneous, Substantive Law, Substantive Law: Legislation

Justice Innovation Contradictions

One way of stimulating justice innovation is to organise a competition. As I write, the 2013 HiiL – Innovation Justice Awards and the Human Rights Tulip are open for pubic online voting for one more week (see http://www.innovatingjustice.com/awards). By the time this column is published the jury will be deliberating about the winners and on 11 December we will have the award ceremony. This is the third time the HiiL – Justice Innovating Justice Award has been awarded. And each consecutive year a growing number of fantastic initiatives and ideas that strengthen justice delivery reach innovatingjustice.com, with an extra . . . [more]

Posted in: Justice Issues

Thursday Thinkpiece: Lee on Mistakes to Avoid in Your First Job at a Law Firm

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

The Marble and The Sculptor: From Law School To Law Practice
Keith Lee
Chicago: ABA, 2013

Five Basic Mistakes to Avoid in Your First Job at a Firm

1. Rule #1. Also referred to by seasoned attorneys and judges as “key witness Mr. Green.” Always make sure you get paid.

For someone at . . . [more]

Posted in: Thursday Thinkpiece

Four Choice Titles From the Osgoode Society

…and a love-in for Roy McMurtry

The Osgoode Society held its annual book launch last Wednesday at Osgoode Hall. The event was a stellar occasion, with many celebrity authors and guests in attendance and four choice titles to applaud. Authors Charlotte Gray and Roy McMurtry in particular helped draw a record crowd that included among many notable jurists, Aharon Barak, a former chief justice of Israel, and Rosalie Abella, a justice of the Supreme Court of Canada and the leading cheerleader for legal research and writing in Canada.

McMurtry himself was the object of a virtual “love-in” as long time . . . [more]

Posted in: Legal Information: Publishing, Reading

Dress Your Business for Success

Every once in a while you come across a lawyer or other professional who has such a bad presence that you question whether they are real or competent. It is often because they do some basic image affecting things horribly wrong.

Here are a few things needed to leave a good impression, are often done wrong, and yet cost little or nothing to do right:

  • Have a web site. It doesn’t have to be fancy, but needs to include basic info like what you do, where you are, and how to contact you. It also needs to look professional. Blog
. . . [more]
Posted in: Practice of Law

The Opportunities and Challenges of Court Remote Appearances

Skype is now as ubiquitous as ICQ once was. We have family in Calgary and we regularly connect to them from Montreal using Skype. Using laptops at both ends, the software is simple and making the connection is a snap. Sure, the picture is grainy and frames are dropped: so what? It costs nothing.

Enter the world of courts, tribunals and commissions. The question is bound to be asked: why can’t we allow witness so and so to appear remotely using Skype or a similar program? If you think this reasoning simplistic, think again, as evidenced by the George Zimmerman . . . [more]

Posted in: Practice of Law: Future of Practice

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 this last week:

  1. Pro Sys Consultants Ltd. v. Microsoft Corporation 2013 SCC 57

    [1] It is no simple task to assess liability and apportion damages in situations where the wrongdoer and the harmed parties are separated by a long and complex chain of distribution, involving many parties, purchasers, resellers and intermediaries. Such is the problem presented by indirect purchaser actions in which downstream individual purchasers seek

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

The Problem With Discovery Tools and Law Firm Libraries

Most legal libraries subscribe to a number of online services, so library users frequently have to search multiple electronic resources as part of their legal research, and trust that they have not inadvertently missed any relevant resources. Researchers need to know what electronic products they have access to, what materials these products contain, and how to best to search them. Other challenges related to online research include the duplication of resources (some materials can be found in multiple online services) and cost containment.

University libraries have been dealing with precisely this problem for a while now. Discovery tools (such as . . . [more]

Posted in: Legal Information

What Services Should You Blow Up

Inspired by Simon’s Guy Fawkes day post and still being in the midst of budget season I thought it appropriate to think, and write, about what services should be blown up. Indulge me by thinking about the services within a law firm – my perspective is from the library department, but let this inspire your inner stop sign.

Reports clarify that “missing stop signs are considered an emergency and are immediately replaced”; by analogy, stopping a non-value adding service is a way to ease pressure on people with heavy workloads – an immediate solution.

Thinking about my law library it . . . [more]

Posted in: Miscellaneous

The Employment Non-Discrimination Act and the Future of LGBT Workplace Protections in the United States

When a colleague told me a few weeks ago that it is legal in 29 states for someone to be fired solely because they are gay, I almost didn’t believe him. Although I know of the still prevalent discrimination faced by LGBT individuals in the United States, I was surprised (to say the least) that majority lawmakers in many states still openly oppose employment protections for gay, bisexual and transgender persons.

As most of you know, in Canada, discrimination in the private realm is prohibited in all provinces by the Human Rights Acts and by the Quebec Charter of Human . . . [more]

Posted in: Justice Issues

The Fifth of November, the Gunpowder Plot, and the Poisoned Tree

Four hundred and eight years ago today the public in England learned that on the previous night the king’s men had foiled a plot to blow up the Houses of Parliament with eighteen hundredweight of gunpowder that had been stashed in the basement and enhanced with timbers and iron bars. The target of the plot was the king and queen who were scheduled to attend a ceremony at the House of Lords on the 5th of November. In all, some thirteen men were arrested and the eight survivors were swiftly tried and executed. The event is commemorated in England as . . . [more]

Posted in: Miscellaneous

SLAPP Legislation and the Law of Defamation: A Dissenting View

The law of libel is continually evolving to strike and maintain a careful balance between the protection of reputation and the interests of free expression. This balance was most recently readjusted by the Supreme Court of Canada in its adoption of the new defence of Responsible Communication in Grant v Torstar Corp., 2009 SCC 61. However, proposed legislation in Ontario will have the effect of disrupting this carefully crafted balance, which will ultimately be detrimental to litigants, the right to protect one’s reputation and the overburdened Ontario justice system.
Posted in: Substantive Law: Legislation

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