“Fresh justice is the sweetest”, Sir Francis Bacon, 1618

“..we may look forward to a near future when our courts will be swift and certain agents of Justice”, Dean Roscoe Pound, 1906

“Our system…has come to tolerate excessive delays”, SCC majority in R. v. Jordan, 2016

Delay in court or tribunal proceedings has been an issue at least since the Magna Carta of 1215, when King John promised that “to no man will we sell, to no man deny, or delay right or justice”. Over 800 years later, the Supreme Court of Canada has revisited the issue of delay . . . [more]

A key feature of litigation is the disclosure of relevant information and documents prior to trial through the process of discovery. For Canadian intellectual property proceedings, most of which take place in the Federal Court, disclosure of confidential materials is the norm, and confidentiality orders are typically obtained to keep sensitive information out of the public record and out of the hands of competitors. A couple of years ago, one judge commented that in intellectual property cases, confidentiality orders are “almost always granted as a matter of course” (see 2015 FC 403).

Confidential information that is often the subject . . . [more]

Everyone likes an anniversary. It offers a moment of reflection and perhaps a piece of cake. It calls for looking back, if only, in this case, to that afternoon in high school history class in which you were presented with the Protestant Reformation. This is the five hundredth anniversary of Martin Luther, “Master of Arts and Sacred Theology, and ordinary lecturer therein at Wittenberg,” letting the world know that he intended to defend what has become known as The 95 Theses (actually entitled Disputation on the Power of Indulgences): “52. It is vain to trust in salvation by indulgence . . . [more]

As I write this, Dogwoods and Azaleas are the leads here in the spectacular show of spring flowers. Our Congress is back from its Easter vacation, but had a very busy season before leaving. And citizens are taking increasing notice of what’s going on in the Capitol. The In Custodia Legis blog from the Library of Congress reported an exponential increase in traffic on Congress.gov. On January 22, 2017 they set a new record of over 1.2 million site visits. The blogpost reveals more details about how and what users have been accessing. For example 52% of current usage . . . [more]

Is continuing professional development a waste of time? Or, more specifically, have law societies made a mistake by using mandatory professional development as a mechanism for ensuring lawyer competence?

The Supreme Court of Canada recently upheld the Law Society of Manitoba’s mandatory CPD requirement in Green v Law Society of Manitoba 2017 SCC 20. I blogged about the case at ABlawg.ca, where I suggested that the Court’s decision was obviously correct. My analysis on that point was, though, premised on principles of administrative law – my claim was that the Court was correct to hold that the Law . . . [more]

It is hardly surprising, having penned articles with such titles as Legal and Professional Publishing: Has It Become Desperately Dull?, The End of Legal Publishing? and The Law Publishing Business is Finished, that I am sometimes not filled with optimism with regard to these matters. In fact, I am reminded of a difficulty frequently encountered and described by those who write and dealt with entertainingly by Van Morrison on his album, Avalon Sunset. How to deal with not having anything about which to write is to use that fact as a topic in itself, hence the song . . . [more]

The oft-used cease and desist letter (“C&D letter”) may have significant implications for both intellectual property (“IP”) owner and alleged infringer alike. Although the test for an improper C&D letter may be well-established, there have been relatively few cases where such letters have been held to be improper, and no reported cases dealing with actual quantification of resulting damages. This fact, combined with the reality that interlocutory injunctions remain a difficult remedy to obtain in Canada, may very well mean that IP owners should consider taking the risk of sending out threatening communications to an infringer’s customers. In certain circumstances, . . . [more]

The justice system (and the court system in particular) is complex and can be very confusing and intimidating for people. Access to justice efforts are focusing on ways to alleviate these pressures. Progress is slow but determined with some hopeful glimpses of progress.

What continues to disturb me are the surprisingly frequent references to both clients and self-represented litigants (“SRLs”) as “difficult” or “obsessive” or suffering from mental health challenges. [Note 1] A recent example is the current series from Lawpro on “Dealing with the Difficult Client”. Part 3 (March 23, 2017) focuses on “the obsessed client” described as “the . . . [more]

Next month I will be 88. Which has caused me to reflect on my good fortune. That includes my mother and father and their families, my wife, and my children and grandchildren. Adam Smith (1723-1790) said “What can be added to the happiness of the man who is in good health, who is out of debt, and has a clear conscience”. Perhaps family.

My age causes me to reflect on the medical advances made during my lifetime. I understand that life expectancy has doubled since 1867. When my father was born in 1900, life expectancy was circa 50.

I am . . . [more]

Do something every single day, has been my mantra for many years. Why, because it’s much easier to commit to small tasks. And those small tasks can accumulate and become a tidal wave. As the saying goes, How do you eat an elephant… one bite at a time.

That is what business development can feel like… eating an elephant! It doesn’t have to feel that way if you do something every single day. So here is a 7-Day Action Plan to get you started.

In this 7 – Day Plan I present you with the tools to make marketing a . . . [more]

It is commonly difficult for prospective clients to obtain good information about lawyers and paralegals. The significant growth of brand advertising is cogent evidence of this. Potential clients assume that brand is evidence of quality when that may well not be the case. Substantial sums are paid for brand advertising because it works. Similarly, the advertising of dubious awards and reassuring photographs evidences that lack of genuine information about quality.

Concerns about lack of information

A recent market study in England and Wales by the Competition and Markets Authority said that:

… consumers generally lack the experience and information they

We now have our first court decision interpreting Canada’s new digital lock regime in Nintendo v. Go Cyber Shopping 2017 FC 246. Unfortunately, the decision glosses over two issues that future courts will need to look at more closely. The first is whether the regime extends to locks preventing mere access to a work, unaccompanied by any act of copyright infringement. The second is whether physical configurations, or other devices that play no direct role in bypassing a lock, are protected. Given uncontested facts (the Respondent did not tender any evidence before the court), there was no meaningful opportunity . . . [more]