Utility is a basic requirement set out in the Patent Act, yet Canadian courts over the past year have continued to approach this concept from very different points of view. The “disclosure” requirement for sound prediction has been both wholly adopted and rejected by the Federal Court. The pro-disclosure side requires that the sound line of reasoning and factual basis be in the patent, whatever the nature of the invention.[1] The anti-disclosure side only requires any explanation in the patent where the invention is directed at a new use[2]. Otherwise the sound prediction may be satisfied . . . [more]

Boring but important fact: law firm clients of all types – sophisticated, unsophisticated, big, small (and everywhere in between) increasingly use the Internet to research, vet, and select their lawyers. This is not news. But what is noteworthy is that online ratings & reviews of lawyers generated by the public are becoming a more predominant part of the overall picture of your firm that prospective clients see when they look you up online. You may want to address that.

Ratings are not new either. I’m old enough to remember when Martindale-Hubbell’s highly coveted AV ratings were doled out in giant-book . . . [more]

I recently taught “Legal Information Sources and Services” at the School of Library, Archival, and Information Studies at the University of British Columbia. One of the topics that gave rise to a particularly interesting conversation was knowledge management. I was informed (very politely and gently) that at the school knowledge management is mainly discussed in the context of the archival program, but that as a term of art it is now considered old fashioned in information studies, as it is difficult to define and measure among other problems. Instead other terms like information management are taking its place.

This is . . . [more]

Despite recent years of decades-low law school application levels, law school seats are still heavily over-subscribed. Similarly, for those who graduate (which, to be honest, is nearly every single admitted student that manages to pay tuition), the opportunities to be called and to practice as a lawyer is case of too many grads and too few jobs. Yet when it comes to supporting the legal needs of the public, lawyers aren’t even close to filling the chairs that exist, much less the new ones added each day. Worse, we’re increasingly less interested in doing so.

Estimates and sources vary, but . . . [more]

Several Slaw contributors have written recently about the use of artificial intelligence in law (Tim Knight here, Nate Russell here) with particular reference to the program on “Computers in Legal Research” at the conference of the Canadian Association of Law Libraries held in Vancouver this past May, moderated by Slaw’s Steve Matthews. I attended the program. I was disappointed though not surprised that none of the speakers was a librarian; and, while there was much discussion of the potential and possible consequences of artificial intelligence (AI) in legal practice, there was, aside from the moderator’s . . . [more]

Law firms have found, by hard experience, that creating and then – more important – maintaining a precedent library is a challenging task. Some firms have foundered in the seemingly straightforward process of simply creating firm precedents. Others that have succeeded in that task have found that ongoing maintenance is, if anything, even more challenging.

One firm that seems to have got it right is Gowling WLG. The person primarily responsible for this task is Graeme Coffin, the National Business Law Precedents Partner, Mark Tamminga, who is Partner, Leader of Innovation Initiatives, is working with Graeme on . . . [more]

Do judges and former judges owe a duty of confidentiality? This might seem like a silly question. After all, the legal system zealously protects judicial deliberations from compelled disclosure. However, when it comes to recognizing any restriction on judges’ ability to voluntarily disclose or use such deliberations, to date there has been silence. Hopefully, that may soon change as various actors consider the implications of retired judges returning to the practice of law.

The Supreme Court has recognized an absolute privilege that protects the confidentiality of communications between judges in cases: see Mackeigan v. Hickman (1989) and Ontario (Public Safety . . . [more]

A funny thing happens when lawyers set out to write articles or blog posts. Even though they’re told the required number of words, they write twice that number. Ironically, the worst offenders are those who refuse to read long email messages—or indeed anything longer than a page.

Brevity is not only the soul of wit, it’s also very effective in communication. Whether you’re summarizing your argument before a judge or writing a blog post about why it’s important to have a will, keep it short! One of McCaffery’s Maxims is that half as long is probably twice as good.

I . . . [more]

The debate between law societies and universities about the contours of law degrees has been at the forefront of discussions between law schools and law societies for the past ten years. In order to control entry into the market of new Canadian faculties of law or foreign universities offering Canadian Law degrees, the Federation of Law Societies has sought to define what is a Canadian law degree. It has defined “core” competencies. Provincial Law Societies also describe the “competencies” required of their members. For example, the Law Society of Upper Canada conditions entry to the Bar to the acquisition of . . . [more]

The 15^th annual ODR conference, which took place in The Hague. on May 23^rd and 24^th 2016, addressed the very a propos topic that is: “Can ODR Really Help Courts and Improve Access to Justice?” As we’ve discussed in previous posts, more and more courts (e.g. British Columbia’s Civil Resolution Tribunal, tribunals (e.g. Ontario’s proposed online Administrative Monetary Penalty System), and other public bodies are incorporating online dispute resolution tools, mechanisms, and practices into their processes.

Of course, incorporating ODR mechanisms into a Court or a tribunal’s processes implies that said court or . . . [more]

I’m not sure I’m old enough to give advice to young(er) lawyers or credible enough to give career advice in general. I’m also not sure that this post won’t be greeted with snark about the fact that I was lucky enough to be in law school at a very different time, economically at least, than what the current students and young lawyers experience. That caveat and acknowledgment that I almost “had it easy” being done, let’s dive in.

Slaw readers don’t need me to explain anything about the current state of the legal market. In Quebec, the Young Bar of . . . [more]

For the past two years, through my roles at the Winkler Institute for Dispute Resolution (Winkler Institute) and the Canadian Forum on Civil Justice (CFCJ) I have been working on applying the principles of human-centered design to the justice system. For those who may be unfamiliar, human-centered design (HCD) is a design method used to develop products and services from the perspective of those who use them. It is an intentional process, but also a creative one. It involves immersing yourself in the problem you are trying to solve, working with the people experiencing the problem, experimenting with solutions, and, . . . [more]