Before I embark on a brief exploration of whether clinical legal education can provide a solution to two difficulties facing the legal profession in Canada today, I must first make a disclosure. I am a big proponent of clinical legal education and as the incoming director of an excellent clinical program at the University of Victoria I have witnessed first hand the numerous benefits that this manner of education can have to students, the profession and the community as a whole. This experience allows me to approach this discussion not only from the perspective of a lawyer and consultant who . . . [more]

[And by Meredith James]

According to Natural Resources Minister Joe Oliver,

Anyone looking at the record of approvals for certain major projects across Canada cannot help but come to the conclusion that many of these projects have been delayed too long. In many cases, these projects would create thousands upon thousands of jobs for Canadians…Unfortunately, there are environmental and other radical groups that would seek to block this … Their goal is to stop any major project no matter what the cost to Canadian families in lost jobs and economic growth. No forestry. No mining. No oil. No gas. 

This is the second in a series of columns about developing a library collection development policy. In my last column, I addressed some of the issues surrounding monographs. In this column, I’d like to consider journals, how they’re used in legal research today both in practice and in law schools, and their place in a contemporary law library collection.

Journals vs Serials

I’ve purposely used the specific term “journals” rather than the broader term “serials”. Serials are any publication that is issued either periodically (daily, weekly, monthly, etc) or serially in successive discrete parts, the publication of which is . . . [more]

It’s that time of year again. Judges and lawyers have returned to court sporting freshly bronzed bodies, and Ontario’s RIDE program has tucked away the bulk of its breathalysers until the summer cottage season. A perfect time to transition from reflections of the past to contemplation of the future. And so I bring you my second annual Crime & Punishment Predictions. (If you’re wondering how plausible a prognosticator this Prutschi fellow is, you may peruse my previous perennial predictions here: https://www.slaw.ca/2011/02/07/crime-punishment-in-2011/). 

5. A Return to the 11(b) Crisis

For nearly a decade appellate courts have been discreetly warning their . . . [more]

There are some very interesting items in the T&C (Terms & Conditions) that most people never read. The tendency is to click, click, click just to get to the end quickly. The T&C for iCloud is around 12-13 pages long, depending on the device used to view it. So let’s dive right into some of the “features” presented in the T&C and what they may mean.

First, you are required to have a compatible device, duh? It also states that “…certain software (fees may apply)…” whatever that means. There are a lot of words about the location-based services and what . . . [more]

Do you rank attending law firm social events right down there on the popularity scale below having a root canal? If so, you’ll identify with a young lawyer in one of my seminars. He’d been told to attend a cocktail party being given by his practice group. Here’s how the evening went: “I had to work late, so when I rushed up to the boardroom, it was full of people at least 20 years older than me. I knew no one, and everyone else seemed to know everyone.” Another lawyer shot back: “Think yourself lucky. At our client event, I . . . [more]

In recent years, many Canadian home insurers have begun asking questions about dog ownership and, depending on the breed, impose policy exclusions, charge extra premiums, or decline home insurance applicants. These insurers maintain lists of breeds they consider problematic. These are not dogs that have already bitten someone (although that would be a problem) or lack training, they are breeds that are believed to have an above-average probability of inflicting a serious bite injury.

At the top of the list is the American Pit Bull Terrier and related breeds such as the American Staffordshire. These dogs are banned in Ontario . . . [more]

In the Specific Claims Branch process, of course, the Crown is obliged to disclose nothing whereas the claimant has to disclose virtually its whole case.

Mr. Justice Harry Slade,
of the Supreme Court of British Columbia
and Chair of the Specific Claims Tribunal Canada
in testimony before the Commons Committee on Aboriginal Affairs
13 March 15, 2011 at 051:3-14

Readers with particularly good memories may recall that in a late September issue of SLAW I introduced the topic that I call “the Alice in Wonderland Dimension …” by outlining some of the challenges of pursuing claims of Aboriginal rights, and . . . [more]

Another year gone and in the world of legal content / publishing I’d like to suggest it’s been one of the most important we’ve had since the mid 90’s and the advent of the CD Rom.

Although most of 2011 has been fairly quiet with the usual round of product developments, upgrades and rejigs. The last quarter of the year has more than hinted that the upheavals of 2008 / 2009 have now filtered through to the core modus operandi of the companies whose job it is to distribute legal content through to the professions, business, government and the wider . . . [more]

Do you belong to a Professional Association? Have you become involved in it in any way? This column is written in praise of such bodies, and the work they do. It’s not very techie, there isn’t anything new or even greatly educational in it, but it is more a reflection on an unsung entity that is not often recognised beyond its own membership.

In December I participated in the annual meeting of the International Association of Law Libraries, which was held in Kuala Lumpur, Malaysia. It was the 30^th meeting, with the first one being held in 1966; they . . . [more]

Commercial arbitrators often hear litigators and business people complain that arbitration has become just as expensive as litigation.

“Why arbitrate when it costs so much? Plus we have to pay the arbitrator; in court, at least we don’t pay for the judge.”

It’s a valid question. But I think the more important question is: what can arbitrators and counsel do to make arbitration more cost effective?

The arbitrator needs to take control of the process. This is harder than it sounds. Arbitration exists because the parties have agreed to arbitrate rather than litigate. So the parties control the process and . . . [more]

Canadian patent CA 2246933 was issued on January 17, 2012 for the Amazon 1-Click claim. Aaron Edgar and Grant W. C. Tisdall, in "Amazon.com’s Canadian ‘one-click’ Patent on the Threshold of Issuance" (gowlings.com, January, 2012), have written:

On December 23, 2011, barely a month after the Court’s ruling, the Commissioner himself approved Amazon’s application and a Notice of Allowance was sent out. On December 28, 2011, Amazon’s patent agents submitted the required issue fee and the Canadian Intellectual Property Office (CIPO) then promptly processed the fee as paid. Given the recent speed at which CIPO processed allowance of