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Archive for August, 2016

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 research and writing, practice, and technology.

Research & Writing

Lawyerly Compounds
Neil Guthrie

By this, I don’t mean where partners spend their week-ends. Instead, I have horrors like these in mind: herein, therein, wherein, hereinafter, thereinafter, heretofore, herewith, therewith, aforementioned [or (shudder) its bastard progeny, ‘above-referenced’], thereof, thereto, whereas …


Oscar or Felix? What Does Your Desk Say About You?
David Bilinsky

Look at your desk and office. Whose office does yours resemble? . . . [more]

Posted in: Tips Tuesday

Do KODI Boxes Infringe Copyright?

The Federal Court recently issued a temporary injunction on the sale of pre-loaded TV set-top boxes (known more popularly as KODI boxes) that allegedly encourage or enable copyright infringement. The relatively simple issue of whether an injunction should be granted (currently under appeal) masks the complexity of the underlying facts and legal issues at play. In what follows I discuss these complexities in connection with the two main bases of potential liability: (1) authorizing infringement and (2) enabling infringement.

KODI boxes are a multidimensional technology

The first complexity is the technology itself. These pre-loaded boxes are multidimensional both in . . . [more]

Posted in: Intellectual Property

Steer Clear of Real Estate Claims by Asking These Five Questions on Every Deal

The real estate lawyer’s job is more than just conveying title, and not every matter will be straightforward. Communication errors and inadequate investigation are the biggest causes of real estate claims at LAWPRO, respectively 41 per cent and 26 per cent of claims reported in the past 10 years. Busy, high-volume practices often lead to situations where the lawyer is not taking the time to communicate with the clients properly.

Lawyers need to take the time to speak to clients to ensure they’ve gathered all the relevant information.

Here are five questions lawyers should be asking their clients or themselves . . . [more]

Posted in: Practice of Law

The Passing of Maritime Law Book – the End of an Era.

While not unexpected, the announcement by Eric Appleby that Maritime Law Book will be closing its doors in November 2016, is still a bit of a shock. No one has done more than Eric and his indomitable team at Maritime Law Book to transform the nature of the case law reporting in this country. Unfortunately, access to free case law online and cost cutting by customers have combined to undermine the business model for Maritime Law Book, making its demise an inevitability.

When simple access was the issue

Few will remember a time when access to case law was extremely . . . [more]

Posted in: Legal Publishing

The Enbridge Decision and Beyond: Issues to Watch Following Gitxaala Nation v Canada

The length of time that Enbridge Northern Gateway’s oil tankers and pipelines proposal has managed to stay afloat –despite widespread opposition and the lack of any firm commercial contracts for use of its pipelines –once prompted my colleagues here at West Coast Environmental Law to ask, as John Cleese does in the famous Monty Python sketch, whether the Enbridge project was dead or merely resting.

In this vein, the recent Federal Court of Appeal (FCA) decision in Gitxaala Nation v Canada was heralded as a major legal victory for Indigenous peoples opposing the opposing the Enbridge pipelines and tankers . . . [more]

Posted in: Justice Issues

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 seventy 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.  2. Clicklaw Blog 3. IPilogue  4. Susan on the Soapbox  5. BC Injury Law and ICBC Claims Blog
Bitcoin, Chaine de blocs et contrats intelligents

Il a toujours été communément admis que le monde changeait. Toutefois, ces changements arrivent plus ou moins vite, avec un impact plus . . . [more]

Posted in: Monday’s Mix

Law Firm Managers Need Training in Organizational Behaviour

We often hear that lawyers are trained in the law, not in how to operate a business. One of the most basic management skill lacking though can be found in the field of organizational behaviour (OB).

Dr. Larry Richard recently gave a talk at the CBA conference in Ottawa, where he presented “breakthrough ideas to boost your engagement.” The need for employee engagement is even more important during turbulent economic times, when law firms are facing considerably more instability than in the past. Much of what he had to offer corresponded with the OB skills deficit.

Dr. Richard noted that . . . [more]

Posted in: Practice of Law: Practice Management

Summaries Sunday: SOQUIJ

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered 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 (DROIT) : Le juge refuse d’appliquer l’article 7 (2) b) (iii) de la Loi réglementant certaines drogues et autres substances, qui prévoit une peine minimale de un an dans le cas de l’accusé, reconnu coupable de production de marijuana pour avoir tenu le rôle de jardinier dans l’affaire. . . . [more]

Posted in: Summaries Sunday

Can You Stop Networking?

It is not an understatement to say that in professional services, networking is one of the most important parts of our job. Connections are critical, projects cannot be completed without people. There are lots of different ways to network and finding what works for you is essential. Recently, I connected with someone that defies conventional wisdom. He doesn’t care about first impressions, considers nearly all networking a waste of time and believes the key to networking is to stop networking.

What he realized is that people are not interested in networking conversation, they want real conversations and real relationships. And . . . [more]

Posted in: Legal Marketing

Access to Private Standards Incorporated Into Law

From time to time governments make law by referring to non-governmental rules. These are often technical matters on which standards are developed by outside experts. For example, a regulation might require manufacturers to comply with a safety standard of the Canadian General Standards Board or the International Standards Organization.

When this happens, should the government have to ensure that the outside standards be accessible to those affected by them? Many standards bodies finance their operation at least in part through the sale of their standards. In other words, access to the text of the standards is not free. Is that . . . [more]

Posted in: Legal Information, Substantive Law: Legislation, ulc_ecomm_list

HeinOnline and LLMC-Digital: Friends When We Need Them

I’ve written often about the preservation of and access to Canada’s print legal heritage, most recently last December here, and bemoaned the fact that we in Canada are doing so little – in fact, as good as nothing – to advance the matter. Fortunately, we have friends who are stepping up to the plate to do something about it for us, even without our having to ask. At the recent annual conferences of CALL (Canadian Association of Law Libraries, in Vancouver last May) and AALL (American Association of Law Libraries, in Chicago last July), there . . . [more]

Posted in: Legal Information

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. The Estate of Henry Goldentuler v Crosbie et al, 2016 ONSC 5071

[40] I agree with the plaintiffs that the case law supports the proposition that, notwithstanding there was no written agreement between the plaintiff and the defendants, the defendants breached their duties of loyalty, good faith and avoidance of conflict of interests and self-interest while working in the plaintiff’s employ. . . . [more]

Posted in: Wednesday: What's Hot on CanLII