Canada’s online legal magazine.

Archive for August, 2023

Thoughts From the Classroom: Addressing Generative AI and Legal Research & Writing

Generative AI will disrupt legal research. Its negative impact has been highlighted in mainstream media in the UK and the US. Many legal information professionals have valid concerns about how generative AI’s application in legal research may impact the integrity of the profession. Meanwhile, social media (e.g., LinkedIn and Twitter) is flooded with legal tech companies’ commentary on how it can be harnessed to streamline legal research, improving efficiency and productivity. I reached out to several colleagues to hear their thoughts and ideas on how to address this contentious topic in their legal research classrooms.

Determining whether the impact . . . [more]

Posted in: Legal Education, Legal Information

Disability, Diversity, and Empathy in the Legal Profession

We are already working with more people with disabilities than we think,” says Ben Lumicao, an in-house counsel in Chicago with a visible disability (cerebral palsy). More than a quarter of Americans have a disability of some kind, but only 30% of those fall into the “visible” spectrum Lumicao describes.

That’s an arresting thought for those of us currently without disabilities, and especially so in the legal profession. Many lawyers with invisible or less visible disabilities keep them hidden — in part, the article suggests, because of our profession’s cultural obsession with strength and fear of appearing weak. . . . [more]

Posted in: Practice of Law

Tips Tuesday: Demystifying Marketing

Marketing yourself as a legal professional can be difficult. Some take an active approach, while others do little to no marketing at all. In the legal profession, marketing and advertising is always constrained by the parameters set by our law societies as to what we can and cannot say, which further exacerbates the problem.

One way that I market myself is through indirect marketing in my community. Creating connections through networking is great, but finding ways to get into a setting where others can see qualities, beyond being a good networker, that may translate into the type of lawyer you . . . [more]

Posted in: Practice of Law, Practice of Law: Marketing

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. BC Provincial Court eNews 2. The Lean Law Firm 3. Double Aspect 4. David Whelan 5. Hull & Hull Blog

BC Provincial Court eNews
What can you expect at a small claims trial conference?

Sometimes matters in small claims court are set for a trial conference. Trial

. . . [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.

PÉNAL (DROIT) : L’accusé, auquel il était reproché d’avoir, pendant des années, accédé aux comptes courriel, Facebook et iCloud des plaignants à leur insu afin de télécharger du contenu privé leur appartenant, est reconnu coupable de l’utilisation non autorisée d’un ordinateur, de vol d’identité, de fraude à l’identité et de . . . [more]

Posted in: Summaries Sunday

Severance for Employee After Company Sale

A recent Ontario Superior Court decision shows some of the complexities employers face when dealing with Employment Standards Act (ESA) entitlements versus common law. In this case, the employee was seeking damages from the successor employer for an alleged wrongful dismissal from her continued employment. . . . [more]

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

Book Review: Banning Transgender Conversion Practices: A Legal and Policy Analysis

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Banning Transgender Conversion Practices: A Legal and Policy Analysis. By Florence Ashley. Vancouver: UBC Press, 2022. xiii, 249 p. Includes glossary, bibliographic references, and index. ISBN 9780774866927 (hardcover) $89.95; ISBN 9780774866934 (softcover) $32.95; ISBN 9780774866941 (PDF) $32.95; ISBN 9780774866958 (ePUB) $32.95. <ubcpress.ca>.

Reviewed by Alexandra Kwan
Digital Services & Reference . . . [more]

Posted in: Book Review, Thursday Thinkpiece

Legal and Government Research on Disputed Territories

Disputed territories is a term that comes and goes, depending on who is doing the disputing and whether the claims can be attached to other geopolitical trends or issues. Personally, I’m currently working on the concept as part of my research for my upcoming book, Legal and Government Research on US and Canadian Territories. Territories are incredibly different from one another and they continue to develop in multiple shapes and forms. For a long time, the term “territory” has become a useful bucket where national governments, the law, media, academia and national narratives lock these places in an attempt . . . [more]

Posted in: Legal Information

Wednesday: What’s Hot on CanLII? – July 2023

At the beginning of each month, we tell you which three English-language cases and French-language cases have been the most viewed* on CanLII in the previous month and we give you a small sense of what the cases are about. 

For this past month, the three most-consulted English-language decisions were:

1. South West Terminal Ltd. v Achter Land, 2023 SKKB 116

[40] Counsel for Achter remonstrates that allowing a simple 👍 emoji to signify identity and acceptance would open up the flood gates to allow all sorts of cases coming forward asking for interpretations as to what various different . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Voices and Visions of the Future: What IPV Survivors Have to Say About the Ontario Court System

To be a victim is one thing. To be a survivor is quite another. In a world where violence against women and intimate partner violence (IPV) runs rampant and unabated, victims are everywhere, seen and unseen. But survivors — those who have endured, who continue to endure, who persevere against adversity — they are everywhere too. They too are unseen, their stories and lives hidden beneath the scars they carry and the pain in their hearts. Their voices, their words, and their lives have informed everything I am about to tell you. These survivors are those who have survived intimate . . . [more]

Posted in: Justice Issues

Has AI Made Content Marketing Less Relevant?

As new technologies change how we create content, they also change how we absorb information. While content marketing is a significant tool to build relationships and create an online presence, what technology has changed, and we need to be in front of, is the way audiences consume content and the value that is added. More so than ever, clients expect more dynamic forms of communication that deliver meaningful interactions.

How we generate and share content has evolved from the early days of writing articles for newsletters and magazines to interactive publications with podcasts, webinars, live-streaming events, and virtual reality experiences. . . . [more]

Posted in: Legal Marketing

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. First Reference 2. David Whelan 3. Excess Copyright 4. Michael Geist 5. National Magazine

First Reference
No tolerance for zero tolerance policies

I have spent far too much of my career analyzing the law regarding summary dismissal in Canada, and I am confident in saying that the

. . . [more]
Posted in: Monday’s Mix