My post this week comes to you from the posh Millenium Hotel in Knightsbridge, London, where the organizers of IBC’s 3rd annual trust litigation symposium (brochure) have been kind enough to instal their speakers and panelists.

My panel “Caught in the Wrong & Possibly Putting it Right” is on a 2011decision of the UK Court of Appeal in two cases in which that court said the law had taken a “seriously wrong turn” over the last few decades. (My post on this decision – 12 September). The panel’s job is to air views on the likely impact of . . . [more]

♫ You’re no one if you’re not on Twitter…♫

Lyrics, music and recorded by Ben Walker.

Kendyl Sebesta reported on Oct 31, 2011 in The Law Times that Ontario Superior Court Justice Robert Maranger has banned the use of Twitter and such tools inside his court in a high profile murder case.

His ruling permitted the use of electronic devices inside the courtroom, but only for the purposes of the taking of notes.

“Electronic devices that have the capability to transmit or receive wireless signals may not be set to ‘silent’ or ‘airport mode’ settings, but must be completely

. . . [more]

Imagine going into Walmart, Superstore or Loblaws to buy Halloween candy and being offered the chance to make a will or get summary legal advice on some issue. This might sound spooky or even scary to many Canadian lawyers but could become a reality in England and Wales with the launch of Alternative Business Structures (ABS) under the UK Legal Services Act. The New York Times has a great article today on non-lawyer ownership of legal services. Australia has permitted non-lawyer ownership of law firms for several years and the US is seriously considering it with the American Bar . . . [more]

We need to create an Ontario Legal Corps composed of lawyers and articling students to address the access to justice crisis in this province and we need to do it now. An Ontario Legal Corps will also go a long way to addressing the current deficit in available articling positions.

The articling crisis in Ontario is a supply-side program. It deals with the issue of the scarcity of supply of articling positions. As many judges and now the Governor General have reminded us, we have an Access to Justice crisis which is a demand side problem. The demand for legal . . . [more]

The CBC Radio Show “Ontario Today” recently covered the auto insurance reforms that went into play one year ago,

One year after changes to auto insurance in this province, who’s better off?

Hear from a doctor who says insurance companies are turning almost everything down; a lawyer who says there is a lot less money for treatment if you’re in a car crash; and an insurance industry spokesperson who says you will be taken care of if you’re hurt.

The changes continue to be highly contentious, with insurers saying they were desperately needed, and many clients and assessment centres saying . . . [more]

Last week I was half-listening to a CBC radio interview in the “Gamechangers” series on the Current, in which a physicist was explaining parallel universes and quantum computing. There was something about his delivery that made me pay more and more attention. His language was simple and clear. I was being drawn in to what felt like relatively effortless understanding (listen especially around the 12 – 16 minute mark). I turned up the volume and gave the radio my full attention, realizing I was being captured by excellent advocacy.

It is of course the fundamental goal of all advocates to . . . [more]

The Law Foundation of Ontario is helping to coordinate articling positions in the Public Interest community, in conjunction with Pro Bono Students Canada (PBSC). From the LFO’s information page:

The Law Foundation of Ontario (LFO) is pleased to announce that it is now accepting applications from prospective host organizations for its groundbreaking Public Interest Articling Fellowship Program for the 2013-14 articling period.

The Public Interest Articling Fellowship was conceived to meet both a significant need for legal assistance within the public interest community and to allow law students to gain valuable experience in public interest law. The program expands

. . . [more]

The Institute for Research on Public Policy (IRPP) released a study by Pierre Lortie today concluding that Canada does not need a national securities regulator. The report details how decentralization has allowed flexibility in the different provinces, allowing them to respectively adopt best practices, and finds a higher degree of performance as compared to other nations.

One notable finding was that Ontario is not a participant in the “passport” system, which allows dealers to register and companies to file prospectuses and have them apply in all other jurisdictions. The report strongly urges Ontario to join this system for it to . . . [more]

Not that Research in Motion needs more bad news and Apple more positive press, but today Apple launches a significant update to its operating system along with its new cloud service.

I am looking forward to testing out both new developments since I continue to more heavily integrate my iPad into the practice of law (in addition to amassing more Zombie games, including the highly addictive Call of Duty: Zombies HD; my joy in slaughtering zombies, albeit only in a video game app, is causing me concern, although there are apparently no moral issues in killing the undead . . . [more]

Chas Rampathal, the General Counsel and Vice President of LegalZoom is giving the lunch keynote at today’s PLTC 2011 in Vancouver on the Future of Legal Practice.

LegalZoom is a company that is responsible for 20% of the corporate formations in the US last year.

This is a live post: . . . [more]

To what extent should judges be involved in mediation?

The Chief Justice of Ontario addressed this thorny issue in The Advocate’s Journal, Winter 2010. He considers it from the perspective of the public, the bar and the bench, provides a brief history of judicial involvement in settlement discussions, adumbrates the arguments for and against judicial mediation, and asks whether it is a reality or a fantasy.

There are so many issues.

How would it be different from the pretrial rule which is designed “to provide an opportunity for any or all of the issues in a proceeding to be settled . . . [more]

The Ontario Human Rights Commission (OHRC) has invited citizens to submit short papers (six to eight pages) toward a dialogue on human rights, specifically relating to religious belief and practice as shaped by the Ontario Human Rights Code and the Canadian Charter of Rights and Freedoms.