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Archive for May, 2014

Legal IT v3.0

The world of legal publishing – be it software or content – has finally tipped over into the Long awaited v3.0. Thomson (C-Track) have beaten a host of other enterprise and legal software specialists to deliver the new English Royal Courts case management system by the end of 2015.

V1.0 was the Word.

And the Word was Law. But frankly, it’s been some time since trudging around with a volume of Halsbury has given you the leading edge in legal information services. The Word was strong. Now? Not so much.

V2.0 was The Code. Not some Star Trek Fibonacci sequence . . . [more]

Posted in: Legal Information: Publishing, Technology

Career Coaching Begins in Law School

Last week I suggested that we need a greater emphasis on the students in legal education, instead of publications and sponsorship. A positive school experience as a student will typically result in an employee who is more engaged in their profession and experiences higher levels of well-being. The reason why this is important is because law school faculty have tangible effects on the trajectory of a lawyer’s career.

A new Gallup-Purdue study has shown that a student’s experience in school matters far less than the school they went to. The study suggests that what students are doing in school and . . . [more]

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

Summaries Sunday: Supreme Advocacy

On one Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, SupremeAdvocacyLett@r, to which you may subscribe.

Summary of all appeals and leaves to appeal granted (so you know what the S.C.C. will soon be dealing with). For leaves, both the date the S.C.C. granted leave and the date of the C.A. judgment below are added in, in case you want to track and check out the C.A. judgment. (April 12 – May 8, 2014 inclusive).

ORAL JUDGMENT

Criminal . . . [more]

Posted in: Summaries Sunday

Summaries Sunday: SOQUIJ

Chaque semaine, nous vous présentons un résumé d’une décision d’un tribunal québécois qui nous est fourni par la Société québécoise d’information juridique (SOQUIJ) et ayant un intérêt pancanadien. SOQUIJ relève du ministre de la Justice du Québec, et elle analyse, organise, enrichit et diffuse le droit au Québec.

Every week we present a summary of a decision by a Québec court provided to us by SOQUIJ and selected to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

Pénal: La . . . [more]

Posted in: Summaries Sunday

Ethical Lawyers Are Made Not Born

Prospective employers and recent law grads identify ethics and professionalism as crucial competencies for new lawyers. In a recent article Professor Neil Hamilton summarized various empirical studies showing that legal employers rank “integrity, honesty and trustworthiness” as a crucial quality in a prospective lawyer hire, regardless of the type of legal work for which the lawyer is being hired. Similarly, new graduates view professionalism as one of the most important skills for the new lawyer. In his article Hamilton notes a survey by Canada’s own Federation of Law Societies in which lawyers who graduated between 2007 and 2012 indicated that . . . [more]

Posted in: Legal Ethics

The Friday Fillip: Name Your Toes

This little piggy went to the market,
This little piggy stayed home,
This little piggy had roast beef,
This little piggy had none,
And this little piggy cried wee wee wee all the way home.

Yes, but which piggy’s which? Who had the roast beef?

Maybe your brain is too far away from your toes to care. Or maybe the Adam in you is exhausted by the long march down to the foot and falls unconscious at the arch after muttering a brilliant “Big toe, little toe… ” Whatever the reason, your three toes in the middle are innominate and . . . [more]

Posted in: The Friday Fillip

Absentee Voting, Part II

Five and a half years ago, I wrote a comment on Slaw questioning why the Canada Elections Act precluded most non-resident Canadians from voting. The prohibition bothered me on a very personal level: I had many Canadian friends and acquaintances living abroad long-term, who almost without exception felt closely connected to Canada and invested in its future. Moreover, the ban was plainly inconsistent with the Charter, it lacked any clearly articulated justification, and it had been widely criticized. Yet no one seemed particularly moved to do much about it.

Well, I’m happy to admit I was mistaken. Someone did . . . [more]

Posted in: Substantive Law: Judicial Decisions

Law Society of Upper Canada Scores With New-Look Annual Report

The Law Society has catapulted itself into the 21st Century with a slick and well-designed online annual report that’s also readable on mobile devices.

Most of you are shocked that I wrote something complimentary about the Law Society of Upper Canada and must think I’m having an off day…

But credit should be given where credit is due.

LSUC is finally starting to look like the open and transparent organization that it was always supposed to be!

It even has a Google+ page with video of the TWU debate!

Is this a harbinger of things to come?

Light at . . . [more]

Posted in: Justice Issues, Legal Information, Practice of Law, Technology

AALL Spectrum’s 14th Annual Issue on Law Library Architecture

The May 2014 issue of the AALL Spectrum, the monthly publication of the American Association of Law Libraries, is devoted to law library architecture south of the border.

Lots of very pretty pictures.

The issue includes articles on:

. . . [more]
Posted in: Legal Information: Libraries & Research

Pregnant Employee Has Right to Withdraw From Unsafe Work No Matter Employment Status or Workplace

Pregnant casual or temporary workers in Quebec have the right to withdraw from unsafe work environments just as permanent workers do, according to the recent Supreme Court of Canada decision in Dionne v. Commission scolaire des Patriotes, 2014 SCC 33 (CanLII).
Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions

BIT by BIT

In the past, traditional diplomatic protections and customary international law seemed to provide inadequate and uncertain protection for foreign investments. In the middle of the twentieth century, countries in need of investment by citizens of other countries, and countries whose citizens had resources to invest and a willingness to invest in foreign enterprises, devised bilateral investment treaties (BITs) or traités bilatéraux d’investissement (TBIs) to protect the rights of foreign investors on terms the enterprises in need of investment could accept. By promoting investment by citizens of one country in enterprises in a different country, BITs solidify diplomatic ties between the . . . [more]

Posted in: Legal Information

Thursday Thinkpiece: Kalajdzic on Class Actions and Deterrence

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 “ILLUSION OF COMPENSATION”:
CY PRÈS DISTRIBUTIONS IN CANADIAN CLASS ACTIONS
Jasminka Kalajdzic
(2014) 92:1 Can. Bar Review [forthcoming]

Excerpt: pp. 16 – 19. Footnotes renumbered.

 

It is the third argument that is most apposite in the Canadian context. Redish and his colleagues posit that the use of cy près illegitimately transforms . . . [more]

Posted in: Thursday Thinkpiece