Canada’s online legal magazine.

Archive for January, 2014

Small Town Access to Justice

While it’s premature to call it a trend, Winnipeg-based law firm Thompson Dorfman Sweatman LLP (TDS) has once again merged with a small local law firm based in Western Manitoba, and thereby expanded its reach to Manitoba’s western borders.

Brandon-based Roy Johnston LLP operated for some 30 years, most recently as a six-lawyer firm. Managing partner Paul Roy told the Winnipeg Free Press that the merger is a response to the changing needs of firm clients who are engaged in more complex legal transactions:

“When we started out, we were doing simple farm deals and house deals. The institutions and

. . . [more]
Posted in: Justice Issues, Practice of Law: Future of Practice, Practice of Law: Marketing

So Where Is Canada’s International Human Rights Action Plan?

At the end of November the federal government unveiled a new international trade policy, describing it as a “sea change in the way Canada’s diplomatic assets are deployed around the world.” For something as significant as a sea change it received remarkably little fanfare at the time. In fact it seemed to go almost unnoticed. Of course it was nearly impossible for anything other than Rob Ford’s ongoing theatrics or the latest revelations from the Senate/PMO scandal to attract even a modicum of media or political attention.

The Global Markets Action Plan marks a move towards what the government has . . . [more]

Posted in: Justice Issues

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. NOTE: Starting in January 2014, the Hot on CanLII cases will be evaluated differently. In order to maximize the relevance of this feature for our readers, we will start measuring the total amount of time spent on the pages rather than total number of hits, as this gauges impact and legal interest better. Because of the large number of repeated cases, a case will not be included . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Employment Reference Letters Required in Quebec?

Letters of reference can be very helpful when looking for employment. However, increasingly, due to issues with liability (great letter for an employee who turns out to be terrible), management and consistency, many employers have policies that prohibit formal reference letters for all departing employees – regardless of their performance.

In most of Canada, it doesn’t appear that there is any recognized common law duty to provide a letter of reference. However, the Court of Appeal of Quebec (QCA) has recently ruled that Quebec is also a distinct society when it comes to letters of reference.

In Arseneault (Succession de) . . . [more]

Posted in: Substantive Law: Judicial Decisions

Benefits of Law Blogging

It is the time of year when blogging is celebrated. The Clawbies, the Blawggies and ABA Blawg 100 winners have been announced and the ABA Blawg 100 Hall of Fame was added to. January is also a time when infrequent posters get their game on and make “this year I will post more often” promises.

Great stories have been shared on the benefits of blogging from a variety of people.

There are many benefits that have come my way from blogging. I have met some great friends, gained some street cred by being recognized by clients waiting in our . . . [more]

Posted in: Legal Information: Publishing

Should the State Get Out of Marriage?

Utah makes family law, it seems. Perhaps because that state is the home of a large number of devout members of the Church of Jesus Christ of Latter Day Saints, a.k.a. Mormons, and churches of all stripes care about such things as marriage — and sometimes hold beliefs about them that are at odds with those of civil society. Recently, as you may know from the news, a couple of cases from Utah have shaken things up and have raised some fundamental questions — again.

In Brown et al. v. Buhman the plaintiffs, members of a polygamous (polygynous, specifically) clan, . . . [more]

Posted in: Justice Issues, Substantive Law

How Your Assistant Can Help With Your Legal Marketing Efforts

Creating a positive client experience is a team sport. Everyone who is in contact with your clients should be singing from the same song sheet so that your clients have a synchronized experience with you. Anyone off-key will bring the whole choir down, so to speak.

Your assistant, typically, has regular contact with your clients and is in a position to advance your team’s ability to deliver high quality service to your clients, resulting in client loyalty and more meaningful long term relationships.

At the risk of adding on to your assistant’s busy desk, there are a few easy things . . . [more]

Posted in: Legal Marketing

Where Should You Launch Your Intellectual Property Case?

When deciding, with your client, to bring an intellectual property lawsuit in Canada, one question that will need to be answered is what court should be used? In many instances, both the Federal Court and the provincial courts have concurrent jurisdiction but depending on the specific causes of action, your choice may be limited to one of the courts and other facts may influence your choice.

Jurisdiction

The provincial ‘superior’ courts have inherent jurisdiction over all causes of action that have not been explicitly provided elsewhere. The Federal Court, in contrast is purely a statutory creation (see the Federal Courts . . . [more]

Posted in: Intellectual Property

Tips Tuesday

For the return of Tips Tuesday in the new year, we’re presenting the top tip from each of the three areas — technology, research, and practice — as chosen by the editors of those areas. “Top” might mean editor’s or readers’ favourite, one that’s considered most useful, or one that got the most attention or garnered the most tweets. But for more than a year’s worth of great, use-ready tips, simply go to SlawTips.

Technology – Dan Pinnington Editor – DAN’S PICK: 

All the Accounts You Should Enable Two-Factor Authentication on Right Now

I have given this tip . . . [more]

Posted in: Tips Tuesday

Tattoo Law

The urge to mark, to record, to make art, is a very powerful one in us human beings. We doodle fanciful images on napkins, we write notes to ourselves on bathroom mirrors, we tell the owners of dirty cars to “clean me” — and we draw on flesh. The mix of human tissue and art can lead to legal problems of a somewhat unusual nature. There’s the whole matter of permission, the base position being “no art on — or in — me, without my say-so”. Which some surgeons, it seems, have trouble respecting, like the gynaecologist who burned “ingrid” . . . [more]

Posted in: Miscellaneous, Substantive Law

Protecting Yourself From Cybercrime Dangers: Lock Down and Protect Your Data Wherever It Is

Cybercrime dangers are many, complex and ever-changing. Hardly a day goes by without another news report of a data breach or other cyber-related scam or theft. Cyber criminals have considerable resources and expertise, and can cause significant damage to their targets. Cyber criminals specifically target law firms as law firms regularly have funds in their trust accounts and client data that is often very valuable. This article, from the December 2013 issue of LAWPRO Magazine, reviews the specific cybercrime dangers law firms need to be concerned about, and how they can mitigate their risks.

Long gone are the days . . . [more]

Posted in: Technology

Monday’s Mix

Usually, each Monday we present you with excerpts from five randomly chosen Canadian law blogs that have been recognized in recent Clawbie award lists. This Monday we’ll do something a little different, because the list of 2013 Clawbie winners just came out and introduced over twenty Canadian law blogs that were not on our lists already. From these we’ve chosen, again by random (random.com), ten to introduce here. Because we’ve not had a chance yet to ask their permission to reproduce excerpts, we’ll resort to linking to a recent post and telling you a little about what you’ll . . . [more]

Posted in: Monday’s Mix