Canada’s online legal magazine.

Archive for July, 2014

Free Publication on Court Structures of the Common Law World

British legal publisher Justis is offering a free download of a document entitled Court Structures of the Common Law World(free registration required):

“Understanding how and why different courts operate can be a time-consuming, headache-inducing task.”

“It doesn’t have to be, though. We’ve done the legal legwork for you and crammed it all into an easy-to-read 59-page eBook, Court Structures of the Common Law World.”

“Download your free copy and discover:

  • The judicial hierarchy of 20 jurisdictions, including the UK, Ireland, Australia, Canada and Jamaica – all illustrated in handy diagrams
  • The historical and political backgrounds to these case
. . . [more]
Posted in: Legal Information: Publishing

Do We Need a Global Digital Bill of Rights?

Back in March, Tim Berners-Lee — who invented the world wide web, no less — issued a call to citizens in different countries to pressure their governments to produce a bill of rights to ensure net neutrality and protect the rights of web users worldwide.

It’s a far cry from the heady days, not so long ago, of cyber-libertarians rallying around A Declaration of the Independence of Cyberspace. But then again, we live in different times. The growing evidence of abuses committed by intelligence services (south of the border obviously, but here at home as well) are . . . [more]

Posted in: Justice Issues, Technology, Technology: Internet

Quebec Employer’s Right to Waive Resignation Notice Decided by Supreme Court of Canada

On July 25, 2014, the Supreme Court of Canada released its decision in Quebec (Commission des normes du travail) v. Asphalte Desjardins inc., on the issue of whether an employer who receives a notice of termination from an employee can terminate the contract of employment before the notice period expires without in turn having to give notice of termination or pay in lieu of such notice.
Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Misconceptions About ODR Beckoning the End of Lawyers

As mentioned in a previous post, a few weeks ago, the Montreal Cyberjustice Laboratory hosted a summer program aimed at demystifying the impacts of technology on conflict resolution in and out of the courtroom. Experts in the field shared their knowledge with approximately fifty students and professionals, all of who were hoping to get ahead of the curb as technology slowly creeps its way into courthouses. As researchers, we found great interest in the numerous questions raised by the students, as they awakened us to new topics that could be explored, as well as made us realize that some . . . [more]

Posted in: Dispute Resolution

Can a Tablet Replace Your Work PC?

Apple CEO Tim Cook recently said that 80-90% of his computer time is spent on an iPad.

This comment lead tech journalist Mike Elgan to wonder: “Could 80 percent of the corporate workforce do 100 percent of their work on a tablet?”

His article sets out arguments for and against, but basically concludes that tablets would be sufficient for many.

For me personally, for what I need it for, while you would have to pry my tablet out of my hands, it is not adequate to replace my PC. For too many things it is just not quite good . . . [more]

Posted in: Technology

The Walk to Freedom

The World’s Columbian Exposition was an influential social and cultural event (“The Devil in the White City” from Erik Larson brilliantly communicates the vibrancy of the preparation of the Exposition). On October 9, 1893, the day designated as Chicago Day, the fair set a world record for outdoor event attendance, drawing 716,881 people to the fair. Electricity occupied a very special place in the White City. An entire building was devoted to electrical exhibits. Electricity powered everything: fountains, a moveable sidewalk, elevators, automatic door openers, and even electric cigar lighters. GE, Westinghouse, Thomas Edison, Brush, Western Electric were showcasing various . . . [more]

Posted in: Legal Information, Substantive Law, Technology: Internet

No Thanks

Ask any lawyer “How are you doing?” and invariably the response includes a comment to the effect of “I’m too busy.”

Being overly busy seems to be a kind of occupational hazard for lawyers. Many of us possess a “can do” kind of attitude that leads us to agree to take on tasks whenever we’re asked to do so. While this makes lawyers desirable as volunteers for many non-profit organizations, it also results in many lawyers feeling overburdened and sometimes, overwhelmed by all that they need to accomplish.

One obvious solution to this problem is to develop and implement a . . . [more]

Posted in: Practice of Law: Practice Management

Employee Engagement vs. Employee Alignment

Have you noticed how many law firms have won awards for their workplace strategy? In the quest to attract and retain talent, many law firms build an “employer brand” through the pursuit of third-party recognition.

This seems like a no-brainer for any organization. What firm wouldn’t want to be known for having satisfied employees? And who wouldn’t want to work for one?

A lot – not all, but a lot – of these rankings measure how engaged your workforce is.

Employee engagement focuses on attitudes. Do people feel good about working for your firm? Are they happy with their . . . [more]

Posted in: Practice of Law: Practice Management

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. R. v. Taylor, 2014 SCC 50

[1] This is a case about the police informing an individual about his right to counsel as soon as he was arrested, then promptly forgetting to implement it throughout his detention, including during his stay in a hospital. While he was at the hospital, blood samples were taken which were used as evidence at trial to . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Up Your Resilience and Effectiveness With This Time Scarcity Thinking Reboot

Have you ever felt like there just wasn’t enough time to get everything done?

Well this May found me in a panic about a presentation I was giving with a fellow coach for a large group of women lawyers. At the heart of my panic was the thought “there isn’t enough time to prepare” followed by a second thought “and so I am not going to be good enough”.

That thought “there’s not enough time” raises much anxiety and stress in the legal profession and is the root cause of a lot of inefficiency, procrastination and wine guzzling.

The culprit . . . [more]

Posted in: Practice of Law

Rob Ford Conflict of Interest Allegations: What Are the Rules of the Game?

Everyone is watching the mayoralty race in Toronto unfold. Anything involving Rob Ford is scrutinized and reported to great fanfare.

The latest topic involve conflict of interest allegations made against Rob Ford. The Globe and Mail reports that Ford’s family business (in which he continues to retain a financial interest) helped a client of the business lobby the city “in an unsuccessful bid to conduct a strategic review of Toronto’s $9-million in-house printing division.”

What is Rob Ford’s defence? Judging by another article, it seems to be this. “All I did was arrange a meeting between the client and . . . [more]

Posted in: Miscellaneous

Important Notice on Notice: Supreme Court of Canada Reverses Quebec Court of Appeal

In a surprising decision, the Supreme Court of Canada reversed the Quebec Court of Appeal (QCA) last week in a decision regarding the provision and payment of “reasonable notice” on resignation. In the original QCA decision, the Court held that when an employee resigns and provides notice, the employer is free to forgo the notice period and let the employee leave immediately, without payment. This is different than in any of the common law provinces which would require the employer to pay out the common law “reasonable notice” or previously agreed upon contractual notice. While acknowledging that this may . . . [more]

Posted in: Substantive Law: Judicial Decisions