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Archive for November, 2014

CRTC Provides Guidance on CASL Software Provisions

The CRTC has just published their thoughts on the interpretation of section 8 of CASL that requires consents for certain types of software installations.

They also discussed them in an IT.Can webinar. Their interpretation is helpful, and addresses some of the uncertainty around the provisions. But some aspects are still unclear, and some of their interpretations may not be entirely supported by the wording of the act. That may be fine so long as the CRTC is enforcing it, but a court does not have to defer to CRTC interpretation. I suspect there will be further clarification coming at some . . . [more]

Posted in: Substantive Law: Legislation, Technology

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. Jan Wong v. The Globe and Mail Inc., 2014 ONSC 6372

[11] Following the book’s publication in May 2012, the Globe and Mail immediately applied to the Arbitrator for a determination that twenty-three phrases in the book breached the MOA’s confidentiality provision. The Globe and Mail sought an order that the applicant forfeit and repay to it the second lump sum, . . . [more]

Posted in: Wednesday: What's Hot on CanLII

The First Tool: Elements of the Project Charter

In the last two articles I described the idea behind becoming a very highly valued five-tools project manager and supplied an overview of the first tool, the project charter. Now let’s look at the elements of a project charter.

The Business Problem

What does the client need to achieve?

Corporate clients rarely have legal problems; they have business problems. (Yes, occasionally it is a true legal problem, but as doctors say, when you hear hoofbeats, think horses rather than zebras.)

What is blocking or imperiling their business? What business goal are they trying to achieve? The more you share an . . . [more]

Posted in: Practice of Law

Observing the Office Grouch

Monday, November 10th marked the 45th anniversary of ‘Sesame Street’. I grew up watching the show. I’m not so grown up that I didn’t smile when I saw my favourite characters in the news coverage of the milestone event.

Many of the lessons Sesame Street taught us about how to get along with the people in our neighborhood actually still serve us well in the workplace.

Consider Oscar the Grouch, for example. Okay, he’s a Muppet, not a person. But his traits aren’t too different from some of the curmudgeonly colleagues I’ve worked with. When I . . . [more]

Posted in: Miscellaneous

Mobile Legal Research – Notes From the US

Cheryl Niemeier, Director of Knowledge & Research Services at Bose McKinney & Evans LLP, started a series of blog posts on legal research apps last week. The post was titled Part 1 – Legal Research in Your Pocket: Fee-based Services and it made me a little bit jealous.

It also made me a little bit nervous and a little bit worried and a little bit puzzled.

Cheryl’s excellent annotated list of research apps includes content that many Canadian law libraries would license, HeinOnline and CCH Intelliconnect. It also contained a lengthy list of sources that would only apply for . . . [more]

Posted in: Legal Information: Libraries & Research

LSUC: No Yurts!

The Law Society of Upper Canada is located in beautiful Osgoode Hall on Queen Street in the heart of downtown Toronto. The large, manicured grounds in front are partly surrounded by an ornate iron fence that’s interrupted at a few points by elaborate gates known as “cow gates,” baffle affairs that would indeed keep cows out (or in) and that are enjoyable to wiggle through.

I happened to pass by recently and saw that No Trespassing notices had been posted at these gates. Perhaps they’ve been there for a while and I’ve just never noticed them before. At any rate, . . . [more]

Posted in: Miscellaneous

Citizenship Act Reforms: Unjust and Insecure

In the wake of the attacks in St-Jean-sur-Richelieu and Ottawa in October, and against the backdrop of the sudden and very terrifying rise of the Islamic State in Syria and northern Iraq this year, there is renewed fear and anxiety about terrorism, at home and abroad.

The Islamic State (varyingly known as IS, ISIS and ISIL) has been responsible for unimaginable acts of cruel violence and widespread human rights abuse against women and girls, followers of other religious sects or faiths, ethnic minorities and western hostages. Amnesty International researchers catalogued the horrors in a number of grim reports in recent . . . [more]

Posted in: Justice Issues

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.

Technology
Dan Pinnington
Two Simple Rules for Avoiding the Dangers of Email Attachments*

While email attachments are frequently used to share documents between lawyers, law firm staff, and clients, they are also one of the most common delivery mechanisms for malware. While most messages that have infected attachments will be stopped if your anti-malware software and/or spam filter are working properly and updated, some will make it through. …

Research . . . [more]

Posted in: Tips Tuesday

Ogletree Deakins Wins Intranet Innovations 2014 Award

Last week at the KMWorld 2014 conference in Washington, DC, Step Two Designs out of Australia once again handed out their annual international Intranet Innovations Awards. This year Ogletree Deakins, an international labour and employment law firm based in the U.S., is winner of the Gold Award for Intranet Rework:

ODConnect, Ogletree Deakins’ intranet, was specifically acclaimed for its client-matter sites and search capability, which judges said provided “a rich set of intranet improvements to support lawyers in their everyday work” and demonstrated “an intranet developed with clear priorities and strong business alignment.” The judges also highlighted “really

. . . [more]
Posted in: Legal Information, Legal Information: Information Management, Technology, Technology: Office Technology

8 Legal Tech CEOs Talk About Their Work

Last month CodeX hosted a “video demo event” called EVOLVE LAW. CEOs from eBrevia, Casetext, Traklight, LawGives, Ravel Law, Wizdocs, Hire an Esquire and ClearAccess IP were invited to talk about the “nuts and bolts of starting a legal tech business, funding experience, marketing and sales strategies and brief video demos of their products.” The session is almost two hours long so I thought I’d break it down and give you a chance to jump into the video where it might interest you most. However, if you have the time . . . [more]

Posted in: Practice of Law: Future of Practice

What Keeps Family Law Lawyers Up at Night? Self-Represented Parties

Like many areas of practice, family law is going through a period of change. Both clients and their lawyers are questioning traditional modes of practice. Economic woes both cause legal problems, and leave clients with limited resources with which to resolve them. Stress – for both families in crisis and for their lawyers – is a constant reality. Still, within this challenging climate, family lawyers are expected to work diligently and professionally in the service of their clients’ interests.

To understand how the bar is coping with the demands of modern family law practice, LAWPRO invited a sampling of lawyers . . . [more]

Posted in: Practice of Law

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 sixty 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 Feeds  2. The Ontario Condo Law Blog  3. Excess Copyright  4. Western Canadian Business Litigation Blog  5. Combat Sports Law

Legal Feeds
Native cultural preservation used to justify mixed-marriage ban, evictions

The collective right to cultural preservation cannot be presented as justification for depriving individuals of their basic . . . [more]

Posted in: Monday’s Mix

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This project has been made possible in part by the Government of Canada | Ce projet a été rendu possible en partie grâce au gouvernement du Canada