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 practice, research, writing and technology.

Technology

Writing With Mind Maps
Luigi Benetton

When I start to write a document, the ideas in it never get to the page in publishable order. (I know I’m not alone in this.) Pieces of the “story” float about. …

Research & Writing

One L or Two?
Neil Guthrie

An assistant called me recently, asking whether the other side on a transaction was correct to keep inserting an extra . . . [more]

I was in the United Arab Emirates recently to talk to assistant minister of justice Abdulla Al-Majid. He is, as far as I know, the only person of that rank in any ministry of justice who carries the title chief innovation officer. That is a worrying conclusion. Data tells us that justice systems all over the world are underperforming. We also see that they are not solving the problem with more ‘business as usual’. So why aren’t there more of his kind?

As a person Abdulla is hard to equal in terms of vision, drive, and courage. He will . . . [more]

The involvement of children in our legal system is one that requires particular sensitivity and care, given their own limits of autonomy, but also the long-lasting consequences that the justice system can have on them. Access to information as to how our system works is central to this ability to assess its function.

The Ontario Court of Appeal recently reversed in Ontario (Children’s Lawyer) v. Ontario (Information and Privacy Commissioner) a decision that would release information held by the Office of the Children’s Lawyer (OCL), which will make any independent review of their function by third-parties more challenging in the . . . [more]

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.

FAMILLE : Le juge de première instance a erré en concluant que l’appelant, père biologique de l’enfant en cause, pouvait revendiquer une possession d’état; bien que les parties partagent le critère de l’entretien, seul l’intimé satisfait à celui de la commune renommée étant donné que, publiquement, et pendant près de . . . [more]

As part of World IP Day on April 26, 2018, the federal government announced a to “help Canadian businesses, creators, entrepreneurs and innovators understand, protect and access intellectual property”. The strategy, led by the Minister of Innovation, Science and Economic Development, has a number of initiatives, and $85 million in funding, which will be rolled out over the upcoming months and years. New resources, tools, opportunities and legal changes may be interest to many in innovation oriented businesses.

IP Awareness and Tools

In addition to specific tools, a big focus on the strategy is increasing IP awareness. There is money . . . [more]

Fastcase, an American-based provider of electronic versions of U.S. primary law (cases, statutes, regulations, court rules, and constitutions), has unveiled its list of Fastcase 50 winners for the year 2018.

“Created in 2011, each year the Fastcase 50 award honors a diverse group of lawyers, legal technologists, policymakers, judges, law librarians, bar association executives, and people from all walks of life. In many cases, honorees are well known, but in many others, the award recognizes people who have made important, but unheralded contributions.“

Simon Fodden, the founder of Slaw.ca, was recognized as one of the Fastcase 50 in . . . [more]

The Ontario Superior Court recently awarded 30 months’ notice period and bonus payments in full during that notice period to a long-service employee. The Judge noted that termination without cause in this case resulted in forced resignation as comparable employment was not available for the 62-year-old employee who had devoted 37 years to the company, and was therefore entitled to 30 months’ notice period. Moreover, the altered conditions of employment whereby bonus payments would only be payable if employed on date of payout was struck down as it was not appropriately communicated to affected employees-as the Judge noted that posting . . . [more]

Everywhere I go, there’s an aquarium. When I took the library tour while I was attending the law rare book school at Yale, there was an aquarium in the library book stacks. And when I went to the AALL annual meeting in Baltimore, Maryland and decided to have dinner at one of the suggested eateries, Luna del Sea Steak & Seafood Bistro had an aquarium. What are the chances of seeing aquaria in unlikely places in the span of a month? Well, each time I saw an aquarium, I was drawn to the black, unmoving fish hidden in the dark . . . [more]

The American Bar Journal reports that some people are harassing their spouses by remote manipulation of smart home devices, like thermostats, TVs and the like – turning the heat way up, or off, turning TVs or radios on and off, etc.

Is this a problem in Canada? Is there a reason that the spouse left in the home can’t just turn off the devices, or the central control device like Alexa?

Would restraining orders need to deal with this kind of ‘contact’ or abuse expressly? . . . [more]

At CanLII we believe that there is a real need for legal information, including commentary, without paywalls. Over the last year we have been working on making the policy and technological developments that will support this goal, and today we are ready to announce the next step: the CanLII Authors Program.

Starting today we accept submissions of legal commentary from the legal community. If you are the author of a text that you would like to see on CanLII, whether it was published elsewhere before or not, you can now submit it to us for inclusion in our commentary section. . . . [more]

This is a general and quick review of who should or can be responsible if something goes wrong on blockchain. I am brainstorming, not educating. Don’t take this essay as legal advice.

I can think of two categories of potential defendants in blockchains: developers and users. But first of all, what is liability?

Black’s, tenth edition, defines liability as “The quality, state, or condition of being legally obligated or accountable; legal responsibility to another or to society, enforceable by civil remedy or criminal punishment.” I am interested only in civil liability here.

The key element of liability is that it . . . [more]