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Archive for February, 2023

The Significance of the New Court Challenge to the Directive Around Sperm Donation in Canada

Presently, there is a shortage of donor sperm in Canada. This is partly attributed to the altruistic model in Canada, which removes a financial incentive for people to donate sperm or eggs (ova).

In the article “Feasibility of an altruistic sperm donation program in Canada: results from a population-based model“, the authors Daria O’Reilly et al remark that since the year 2000 there has been a marked decline in the supply of donor sperm from Canadian men. “This decline coincides with the introduction of new, more stringent regulations for donor screening and sample testing in 2000, and the . . . [more]

Posted in: Case Comment, Justice Issues

“Open Access & Legal Scholarship” Revisited: Part I

In 2011, the TALL Quarterly published a brief article authored by John Bolan, Public Services Librarian at the Bora Laskin Law Library (University of Toronto). The article addressed the burgeoning open access movement for scholarly literature generally, with a focus on the lack and lag of open access literature within the discipline of law and potential areas of growth in the field. Bolan wrote, “As befits the field of law, there are, however, exceptions to the exceptions that are worth noting.” With more than 10 years since Bolan’s article was published, this post reviews the exceptions highlighted as potential areas . . . [more]

Posted in: Legal Information

Tips Tuesday: Optimize CanLII With DarkLII and Reading Pane

For the longest time, I had no idea that there was a reading pane option in CanLII but once I discovered it, it was an absolute game changer. When you perform a search you’ll notice some options on the right hand side. There will be “Clear Filters” “By relevance” and then three icons. The second last icon when clicked on has two options “Default” and “Reading Pane”. Select reading pane and prepare to have your life changed. You’re welcome.

Another fantastic addition to CanLII is “DarkLII” which simply allows you to enable dark mode in CanLII. This was a very . . . [more]

Posted in: Tips Tuesday

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. PierreRoy & Associés 2. Crossroad Family Law Blog 3. Off the Shelf 4. Welcome to the Food Court 5. Great LEXpectations

PierreRoy & Associés
Tout ce que vous devez savoir avant de déposer une demande de faillite commerciale

La faillite commerciale est une décision difficile à prendre

. . . [more]
Posted in: Monday’s Mix

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.

CONSTITUTIONNEL (DROIT) : Le gouvernement du Québec avait un devoir de consulter les Innus de Uashat et de Mani-Utenam ainsi que la Bande Innu Takuaikan Uashat Mak Mani-Utenam en ce qui concerne la construction d’une ligne de transport d’énergie; la consultation qu’il a menée était insuffisante pour préserver l’honneur de . . . [more]

Posted in: Summaries Sunday

Employer Wins Damages for Time Theft and Unpaid Debt

Written by Lewis Waring, Paralegal, LL.B., Articled Clerk, Editor, First Reference Inc.

In a recent British Columbia ruling, an employee who engaged in a pattern of time theft was found to have been rightfully dismissed for cause. As a result of the dismissal being upheld, the employee was forced to repay a debt she owed to the employer due to an advance agreement that funded her home office supplies and her pursuit of professional credentials. . . . [more]

Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions

A Charter Right to Advise — Even Without a License?

A new American case, Upsolve v. James, suggests that freedom of expression might protect the right of non-lawyers to offer legal advice.

In both Canada and the USA, lawyers have a near-monopoly on legal advice. If anyone tells someone else how the law would apply to their circumstances, the first person is probably deemed to be “practicing law.” That is something that only lawyers are allowed to do.

There are a few exceptions. In Ontario, for example, (i) licensed paralegals acting within their scope of practice, (ii) people giving occasional advice to friends or family, and (iii) employees of some . . . [more]

Posted in: Legal Ethics

Book Review: Litigating Artificial Intelligence

Litigating Artificial Intelligence
Authors: Jesse Beatson, Gerald Chan, Jill Presser
Page count: 368 pages
Publication Date: May 2020
Price: $149 (print) and $99 (e-book)
ISBN 978-1-77255-764-0

In 1962, the renowned science fiction writer Arthur C. Clarke wrote that any sufficiently advanced technology is indistinguishable from magic. As technology progresses with each passing year, more of it may come to feel magical. Yet when that technology has the capacity to impact individuals’ legal rights, it becomes necessary for lawyers to learn the magician’s tricks.

One of the brave new frontiers facing lawyers and judges today is artificial intelligence. AI is deployed . . . [more]

Posted in: Thursday Thinkpiece

Client Development Trends

Marketers can move very quickly, embracing change, and often need to drag lawyers kicking and screaming. There are a number of trends that have evolved over the past few years that continue to have prominence in the industry. Firms that embrace them are moving further ahead of the rest.

  1. Content marketing
    This is still a great way to get your name out and the benefits are many. However, if your clients don’t have time to read long case updates, give them a short highlight video instead.
  2. Social
    Use social as a client retention tool, highlight what your clients are doing
. . . [more]
Posted in: Legal Marketing

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