It seems to me that Manitoba’s Court of Queen’s Bench is increasing its reliance on endorsements. These do not appear to be published on CanLII or any other case law database. For instance, in JAP v MJP, 2018 MBQB 1, an endorsement issued by Rivoalen A.C.J. is referenced in para. 4, and in DW v Peguis CFS, 2016 MBQB 32, an unreported endorsement by Dueck J. is referred to in para. 34. Perhaps, at least in summary judgment matters, this is a response to the comments of the Manitoba Court of Appeal in Hyczkewycz v Hupe, 2016 . . . [more]

Over the winter break, I was able to catch up on many podcasts gathering cyberdust on my iPhone’s chips. With 2018 upon us, this may be a good time to review some of my favourite commuting companions and feel free to add your own recommendations in the comments below. In no particular order…

The Docket

Listening to Michael Spratt@mspratt and Emilie Taman @EmilieTaman chat about Canadian legal issues, their family and anything else that catches their attention is just like pulling up a chair into their family room. The tone is casual. The topics are timely and the banter . . . [more]

A reader in search of a new book could be forgiven for taking a pass on The Mighty Hughes. After all, what could be interesting about the life and times of a saint who was neither mutilated nor martyred?

Such a reader should think again.

The story of the life of Ted Hughes QC, OC is a tale of aggressive virtue. His pursuit of honest outcomes and dishonourable individuals has brought him respect and fame throughout Canada. In the pages of Craig McInnes’s biography, Hughes is depicted as a heroic figure who has, at times, brandished the sword of . . . [more]

The publishers in the legal industry often get a bad rap, either for their lack or insufficient level of innovation, the cost of the services they provide, or the reluctance to transition entirely to digital.

We gave the publishers an opportunity to weigh in on these issues at the Ontario Bar Association’s TECHxpo 2017, where Colin Lachance, CEO of Compass (formerly Maritime LawBook), Eric Wai, a Managing Director at LexisNexis Canada Inc., and Fred Glady, Vice President of Customer Segments at Thomson Reuters, joined us.

The first myth we dispelled was that print was dead in the legal industry. . . . [more]

Great post by John Sheridan over on VoxPopuli blog: “Deeply Intertwingled Laws.”

He starts off with this comment:

“There is no other form of written texts quite like legislation, nor a form so suited to the web. In retrospect, readers of legislation had been waiting a long time for a hypertext system, such as the web, to be invented.”

Sheridan is currently the Digital Director for the National Archives of the United Kingdom and led the team that brought us legislation.gov.uk the “official home” for UK legislation from 1237 the present.

Anyone who has done any legislative history . . . [more]

This blog post is entirely written by Christina Catenacci, BA, LLB, LLM, for First Reference Talks. Christina is currently pursuing a PhD at the University of Western Ontario with a focus on privacy law.

On August 21, 2017, the Office of the Privacy Commissioner of Canada released an informative piece regarding cookieless identification and tracking of devices. Interestingly, there is a new technique called, “fingerprinting”, which can work to enable website operators, advertising companies, and other organizations to track users – even when they clear their cookies. The document explains the implications and what people can do to protect their . . . [more]

This summer, with the support of a Donner Foundation fellowship, I developed web pages for Community Legal Education Ontario (CLEO) that connect Ontario nonprofits to existing legal information on incorporation, maintenance, and governance. This article is about the process of creating those pages. My hope is that others will use the process in areas of law where legal information exists online, but is: overwhelming in quantity, difficult to find, and/or scattered.

Pitching the Project: The Pragmatic and Philosophical Justifications of Curation

Before anyone can start the project, somebody needs to be convinced it’s worthy of scarce resources. Why not . . . [more]

The 20th edition (2017) of the Code civil du Québec annoté by Jean-Louis Baudouin & Yvon Renaud is now available on the website of the CAIJ.

CAIJ is the Centre d’accès à l’information juridique, the network of courthouse law libraries associated with the Québec Bar Association.

The annotated Civil Code includes:

• links to caselaw and commentary on each section
• links to section-by-section explanations produced in 1993 by the Quebec Ministry of Justice as the new Code was making its way through the National Assembly
• links to parliamentary debates in the early 1990s
• concordances for the Civil Code of Lower Canada

There’s a relatively new online journal focusing on open access and scholarly communication called The Idealis. The Idealis was introduced in April this year and as Lee Skallerup Bessette put it, writing in The Chronicle of Higher Education, it’s a “resource for librarians looking for high-quality, open-access library and information science research.”

Each week their team of experts, led by founding editors Stacy Konkiel and Nicky Agate, work to “liberate research” by recruiting the “very best scholarly communication literature from across the Web, working with authors to make their research available, ensuring that librarians are connected to . . . [more]

The key to improving ease of use is to erase assumptions. 

That’s important when aiming to improve website usability, generally, but it’s not always easy when you’re dealing with an esoteric culture of users (such as lawyers) who are used to finding information according to old patterns.

Calling all BC residents – help @theCLBC improve usability on its website and enter for a chance to win https://t.co/TRptSQsUDt #BCLegal pic.twitter.com/hRammoMW7C

— Clicklaw (@Clicklaw) June 26, 2017

Luckily, tools like Treejack, offer “tree testing” as a “usability technique for evaluating the findability of topics in a website.” This is a structure . . . [more]

Well, the wait is over. Just in case you haven’t been watching, Maritime Law Book is now Compass and Compass introduced vLex Canada. There are some interesting and useful delighters with vLex Canada Open.

Delighter #1 – No barriers to entry
It is easy to sign up with no cost via two clicks by selecting your Google or Facebook credentials. Some content, like the ability to search using the MLB topic number, is available for paid subscriptions only. This makes sense. It highlights that there is value to adding information.

Delighter #2 – Look and feel
A clean screen . . . [more]

At Kobo last week, we had a guest-talk about machine learning by Sheldon Fernandez of Infusion.

After with a good grounding in deep learning systems, which mimic the human brain to a degree, we got to the interesting stuff: inscrutability, hidden factors and confounding variables. All of these pose problems to people trying to use AI, and illustrate reasons why others fear it.

Inscrutability in AIU is exactly what it is in people: an AI often cannot tell us how it arrived at a decision, or it’s description is so convoluted that it is almost worthless.

When we dig in . . . [more]