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Archive for October, 2017

Need to Weave an Accessible Web of Legislation

Great post by John Sheridan over on VoxPopuli blog: “Deeply Intertwingled Laws.”

He starts off with this comment:

“There is no other form of written texts quite like legislation, nor a form so suited to the web. In retrospect, readers of legislation had been waiting a long time for a hypertext system, such as the web, to be invented.”

Sheridan is currently the Digital Director for the National Archives of the United Kingdom and led the team that brought us legislation.gov.uk the “official home” for UK legislation from 1237 the present.

Anyone who has done any legislative history . . . [more]

Posted in: Legal Information: Publishing

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 more than 80 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. The Court 2. Eva Chan  3. University of Alberta Faculty of Law Blog 4. National Security Law 5.Vancouver Immigration Law Blog

The Court
SCC Interveners Order Raises Questions Ahead of Trinity Western Hearing

By this point, it is a virtual certainty that the outcome of the

. . . [more]
Posted in: Monday’s Mix

Stand by Me – if You Have Standing

As the old song goes, we all need somebody to lean on. However, we can’t always have somebody to stand with – or against – us. In administrative law matters, there are two aspects of standing. One is the ability of a decision making body to participate in or commence judicial review proceedings. The other, which is the focus of this article, is the ability of individuals or corporation to appear before a tribunal or in judicial review proceedings.

One of the fundamental tenets of natural justice and procedural fairness is the right to a hearing, whatever form that might . . . [more]

Posted in: Administrative Law

Mobilizing the Legal Corps in Puerto Rico

When disaster strikes, other professions have formalized organizations to assist with the response and recovery that follows. Physicians have Médecins Sans Frontières (Doctors Without Borders), and engineers have Engineers Without Borders. As a former disaster management professional and first responder, a career in law sometimes feels geographically limiting.

Lawyers are notoriously apt to stick within borders, and to a certain extent there are constraints to the portability in law. However, my humanitarian work overseas, and the implementation of Sphere Principles, was one of my first exposures to real-world implementation of international law, and one of the roads that eventually . . . [more]

Posted in: Justice Issues

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.

MUNICIPAL (DROIT) : La Ville de Québec ne pouvait officiellement encourager le demandeur à poursuivre son projet de construction nécessitant une dérogation mineure alors que ses représentants autorisés, de façon occulte, poursuivaient un processus décisionnel pour empêcher sa réalisation; dans ces circonstances, elle est condamnée à payer à ce dernier . . . [more]

Posted in: Summaries Sunday

Generalism and Access to Justice: Jack of All Trades, Master of None?

The rise of specialization is among the biggest changes in the practice of law over the past hundred years. Most lawyers and paralegals are increasingly able to focus on a smaller number of legal niches. That is good news, for practitioners and also for clients. However, I will suggest here that generalist legal professionalism has an enduring role in fostering access to justice.

Specialization and Generalism Defined

Consider all of the different types of legal need experienced by Canadian individuals, corporations, and state entities within a year. The list would include everything from drafting a will to structuring a merger . . . [more]

Posted in: Legal Ethics

Non-Horror Vendor Stories: Successful Relationships

My last two posts focussed on tips for vendor demos and vendor horror stories. I promised, though, I would be fair to the many excellent vendors in our ecosystem. In this final vendor-related post, I relay some “above and beyond” stories I’ve collected.

Coming Through with the Business Case

As our clients push us to provide better metrics on our legal services, so too have we turned this focus inwards. It’s hard to get a business case or project approved without some good numbers to back up the ask. This is where vendors can, and do, save the day.

About . . . [more]

Posted in: Legal Technology

The Rise of Predictive Programming in the Law

With the rise of technology, new programs are being created to predict the outcome of legal cases. These programs are often built on algorithms.

These algorithms generate outcomes by applying the facts of previously decided cases to the facts inputted by users. This means that the quality of the prediction is only as good as the data inputted by both the user and the programmer.

However, these programs should come with a warning. In “Weaponized Lies: How to Think Critically in the Post-Truth Era” by Professor Daniel Levitin he states:

GIGO is a famous saying coined by early computer scientists:

. . . [more]
Posted in: Practice of Law: Future of Practice

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. Szczerbaniwicz, [2010] 1 SCR 455, 2010 SCC 15

[2] As in most trials involving domestic disputes, the spouses in this case offered differing versions of the same event. After hearing and watching both of them, the trial judge reached his own conclusions about what actually happened and convicted the husband of assault. Those conclusions were based on the facts . . . [more]

Posted in: Wednesday: What's Hot on CanLII

The Psychology of Negotiation

I’ve been thinking a lot lately about the psychology of negotiation.

In the negotiation course I teach at University of Toronto School of Continuing Studies a few times a year, I have consistently seen that the students are quite good at understanding their own negotiation styles, strengths and weaknesses. They understand the difference between their positions and interests. They recognize the importance of empathy in building a negotiating relationship and value the active listing and other negotiating skills we practice.

Where these students – and most negotiators, I think – have trouble is understanding the motivations and interests of their . . . [more]

Posted in: Dispute Resolution

The Mysterious Magic of Routines

This article is by Nora Rock, corporate writer and policy analyst at LAWPRO.

As a child, did you step carefully over every sidewalk crack? Tap each post of the hockey net before settling into the crease? Wear your lucky socks to every law school exam?

Even those of us who scorn superstition rely on routines and rituals for our own protection: we swallow a daily multivitamin, fasten our seatbelts, return our passport to the drawer after a trip. Routines conserve mental energy, allowing us to sidestep day-to-day hazards while saving our intellectual energy for novel or challenging problems.¹

Building routines . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management

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