A recent Wednesday: What’s Hot on CanLII drew my attention to an interesting decision of the Ontario Superior Court of Justice on the scope of a defendant’s obligation to mediate in a meaningful way – and the potential cost consequences of the failure to do so. The case also yet another example of the limits on the confidentiality of the mediation process.

In Dimopoulos v Mustafa, 2016 ONSC 4119 (CanLII), the Court dealt with several issues arising from an accident victim’s successful claim for damages under the Insurance Act. A jury awarded $37,000 in general damages, plus $28,800 in . . . [more]

I have numerous friends dealing with crises this summer. Two have mothers who have been diagnosed with life threatening illnesses. Their lives have been turned upside down. They are worried, stressed out, and deeply sad about what is happening with their moms. They are dealing with doctors and lawyers and trying to keep daily family life together while dedicating a big chuck of each day to helping their mothers.

This was the situation I found myself in last year when I received a phone call from my mother’s landlord telling me she had been found disoriented in the basement of . . . [more]

“It is not a right. Self-regulation is very much a privilege.” So declared Premier Christy Clark at the end of June when she announced that the BC government would take over regulation of the real estate industry in that province.

As those in BC know, the BC housing market has been on fire over the past year. Potential home buyers face a crisis of affordability. Questionable practices by some real estate agents and a failure to respond by the Real Estate Council of British Columbia (RECBC) fuelled a crisis of confidence in the regulator. And the government stepped in.

We . . . [more]

Social Media Camp is the national conference on social media that attracts international speakers and attendees. At this year’s event, virtually all presenters agreed that images and video are taking over the internet. What do they mean by this? Consider the following:

• YouTube is now the second largest search engine – just behind Google – and may soon surpass it. (Don’t feel badly for Google as they own YouTube).
• Google is now building four-story data centre buildings to house the servers required to support increased data space needed on the cloud for things like images and video. These guys plan

Recently, the Virginia State Bar Council voted to adopt changes to the Model Rules of Professional Conduct. The changes were based on the American Bar Association’s modifications to the Comments of Rule 1.1 respecting Competence (“…a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with technology…”) and Rule 1.6 respecting Confidentiality (“(c) A lawyer shall make reasonable efforts to prevent the unintended disclosure of, or unauthorized access to, information relating to the representation of a client.”)

What’s reasonable? The Comments go on to list relevant factors:

1. the sensitivity of

Avenue Bourghiba was closed off. A statute of the founding president of Tunisia on horseback was being reinstated in the square. The current President Essebsi was going to inaugurate it in two days. The taxi dropped me off as close as he could get. Hotel Africa is a high seventies hotel with large wooden panels, brown carpets, and huge chandeliers. As I made my way, urban Tunisia walked by and ordered drinks on the terraces: hip youngsters, women with blond hair, women with headscarves, families, groups of boys, and groups of older men.

Kalthoum picked me up later and we . . . [more]

One of the frequently asked foreign and comparative law research questions is how to find a country’s civil code. A researcher might not know they need a civil code, but they often do. A civil code is the key to accessing all types of private law for many civil law jurisdictions. Modeled after the Code Napoléon or Code civil des Français (1804), a civil code usually contains laws relating to personal status, contracts, torts, “delict”, “obligations”, real and personal property, inheritance and succession, marriage, divorce, family, parent and child, private international law (conflict of laws/choice of law). See, for example, . . . [more]

The article, “7 Reasons Why European Cities Are Going To Beat U.S. Cities As Hubs For Innovation” reminded me of two cities: Toronto and Sydney. These cities had quite a few legal IT commonalities starting 30 years ago:

• Both had 5 out of the 10 largest law firms standardise on lawyer-friendly graphical user interfaces (GUI) years before the rest of the legal world got it,
• By democratising access to computers, a community of lawyers interested in lawyer-enhancing IT bloomed, and cross-pollinated each other from across the world,
• Toronto was first out of the blocks with Peter Hart’s Legalware

Much has happened with copyright law over the past few years. New amendments to modernize the Copyright Act for the internet age were added in 2012. As well there have been several court cases interpreting the impact of digital technologies on copyright doctrine. It is now possible to speak of “digital copyright” as an area of law. In the newly released book Digital Copyright Law published by Irwin Law, I track and analyze these developments. Below I discuss 5 prominent issues which are raised by these changes and that are elaborated upon in the book:

1. What is a . . . [more]

Regulation of legal services differs in important ways across the common law world. In Canada, self-regulation is generally[1] the approach. Canadian law societies are authorized by provincial legislatures to decide who can practice law and provide legal services[2]. The substantial majority of the governors of the law societies are lawyers elected by lawyers. In Ontario, paralegal benchers are elected by regulated paralegals.

In England and Wales, the Solicitors Regulation Authority and the Bar Standards Board are the regulators. The majority of the governors of these regulators are not solicitors or barristers.

In the United States, the state . . . [more]

Much of the current discourse and activity in our industry seems to be focused on evolving approaches to fees and pricing, budgeting, project management, better leverage of technology, and insourcing/near-shoring/outsourcing. While these are critically important aspects of modernizing law firm service delivery models, is our focus on value – discretely defined as the monetary worth of something – distracting us from thinking about value in a more holistic or integrated way?

I offer some data points based on my own recent experiences. Earlier this month, I attended a client panel discussion featuring four senior-level in-house lawyers representing different segments of . . . [more]

People often talk about the intrusion of technology on our lives, particularly in the context of being at work 24/7 as long as you carry a smartphone. For a long time, I took pride in having the discipline to leave work at the office and enjoy my family time. I checked my phone in the evenings, but unless an email was a ‘true” emergency, I didn’t respond to it or think about it until the next morning when I went to the office. I told younger lawyers to train their clients and colleagues not to expect immediate responses from them . . . [more]