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Archive for ‘Substantive Law’

Administrative Dismissals: Avoid Claims by Taking Them Seriously and Asking for Help

Domenic Bellacicco’s phone is ringing off the hook these days thanks to a great “practice tip” article he wrote for latest issue of LAWPRO Magazine. Domenic is a Claims Counsel in the New Claims Unit at LAWPRO. and his article addresses an area we all too frequently see claims in these days: administrative dismissals.

Read the full Administrative Dismissal: Take It Seriously And Ask For (Our) Help article here.

I spoke with colleagues at two law societies (one in the West and one in the East) who said this was also a big issue (with local variations) in their . . . [more]

Posted in: Practice of Law, Substantive Law

This Week’s Biotech Highlights

A “Round 2” edition of biotech highlights:

. . . [more]
Posted in: Substantive Law

Ontario Bar Association on Codification of Judicial Jurisdiction

The Law Commission of Ontario (LCO/CDO) has an ongoing project on the possible reform of the law of crossborder litigation, particularly the matter of judicial jurisdiction. A consultation paper has been prepared by Professor Janet Walker, a scholar in residence with the LCO/CDO, and comments were invited from members of the profession.

The Ontario Bar Association submitted its response to the consultation paper this spring, and has made its work available online in PDF. . . . [more]

Posted in: Legal Information, Legal Information: Libraries & Research, Substantive Law

Tossing Your Cookies

Every now and then you may wish to use a feature in your browser to check out which of the sites you visit have set cookies on you machine — those tiny morsels of text that get sent back and forth between your browser and the machine serving up web pages so that your site-specific preferences are known and respected. They are by and large benign, but, given that they track some of your progress through the web, they can be used to inform advertisers of your interests. And, because cookies can carry personal information, they represent a privacy risk, . . . [more]

Posted in: Legal Information, Substantive Law, Technology

CanCourts: Court of Appeal Judgments on Twitter

I’ve pushed a few of CanLII’s RSS feeds to Twitter, thinking that some folks might find it handy to learn when new judgments are available. Specifically, I’ve created Twitter accounts for announcements about new Court of Appeal judgments from British Columbia, Ontario and Quebec. I’ll likely add accounts for other courts of appeal in due course. (I’ve checked with CanLII and they’re comfortable with this.)

I’ve gathered these under the rubric CanCourts and have put up a simple website explaining what I’ve done.

Please let me know if you experience any difficulties using these Twitter feeds. . . . [more]

Posted in: Legal Information, Legal Information: Publishing, Substantive Law: Judicial Decisions

Twittercles

Another year of interview insanity has come to an end and my firm, Adler Bytensky Prutschi, has happily matched with an outstanding candidate who we have very high hopes for in the 2010-2011 articling year. While this fact on its own is likely of little interest to Slaw readers, the technophile lawyers who follow this blog on a regular basis may be intrigued to hear how twitter – for the first time in our firm’s history – became unwittingly a very central part of our interview process.

Having started a legal twitter feed some months ago (www.twitter.com/prutschi), I . . . [more]

Posted in: Education & Training, Practice of Law, Practice of Law: Marketing, Substantive Law

What the Judge Actually Said

The front page of today’s Globe and Mail sports a big photo of Ontario MPP Lisa MacLeod attached to the article “Can a busy female politician give reliable evidence? A judge says no” by Jane Taber. The lead paragraph runs as follows:

Lisa MacLeod is a young female politician who commutes to her job at Queen’s Park from Ottawa and leaves her husband, Joe, and four-year-old daughter, Victoria, at home. Mr. Justice Douglas Cunningham of Ontario Superior Court said this is a big distraction for the 34-year-old woman and as a result he felt he could not accept

. . . [more]
Posted in: Legal Information, Legal Information: Publishing, Practice of Law, Substantive Law, Substantive Law: Judicial Decisions

Court Filings and Copyright

The Register reports that a California lawyer has written to the Chief Justice of that state to object to the state Supreme Court’s practice of passing lawyers’ briefs on to the commercial publishers, LexisNexis and Westlaw, who then sell access to them. It seems from Edmond Connor’s letter to the court that he is principally concerned about the profit-making aspect of the situation as a violation of copyright, rather than about the simple public availability of documents prepared for litigation.

At an earlier time all briefs filed with the California Supreme Court had been copied four times and placed in . . . [more]

Posted in: Legal Information, Legal Information: Libraries & Research, Substantive Law

This Week’s Biotech Highlights

Well, I can confirm that this past week conformed to my expectations for excitement, and not just because the Toronto garbage strike ended. In fact, confirmation was in the air:

. . . [more]
Posted in: Substantive Law, Technology: Internet

Trade Flows Like Waters Over Rocks

Over the next couple days Prime Minister Harper, President Obama, and President Calderon are meeting in Guadalajara [From Arabic, وادي الحجارة , “rocky riverbed”], Mexico for the North American Leaders’ Summit.

The meeting is part of the Security and Prosperity Partnership of North America, which seeks to address trade and security issues among the NAFTA partners.

From my vantage point in Guadalajara, the not-so-secret service with earpieces are overshadowed by the armed soldiers in camouflage (literally) hiding in the bushes outside my door. President Calderon is staying in my hotel (“No, yo no trabajo aquí. Soy . . . [more]

Posted in: Substantive Law

Donald Marshall Jr. (1953-2009)

A Canadian, a Mi’kmaq, a man wrongfully convicted of murder. Mr. Marshall passed August 6, 2009. The CBC news has good coverage of the story. Wikipedia’s page on Mr. Marshall is also up to date.

The CBC news archive contains good links and summaries of wrongful convictions.

It should always be disturbing when justice is denied, delayed or miscarried. Fortunately or unfortunately, justice is in the hands of humans. Mistakes are inevitable, but will hopefully decrease as humans learn to live with technology. DNA testing, video surveillance, and advances in forensic science offer hope.

Rest in peace Mr. Marshall. . . . [more]

Posted in: Substantive Law

Welcome James Gannon

Just drawing our readers’ attention to a brand new Canadian IP law blog, Innovation and Culture.

James Gannon describes his aims as:

to update the blog daily with legal developments that have an effect on, among other things, IP, innovation and culture in Canada. While I hope to keep the focus of the blog on Canadian stories, major International stories will also be reported, especially those that may be of interest to Canadian IP scholars & laywers, authors, composers, musicians, programmers, film producers and creators of all kind.

And while we’re on new blogs, a FAQ-rich blog for SMEs in . . . [more]

Posted in: Substantive Law, Technology: Internet

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This project has been made possible in part by the Government of Canada | Ce projet a été rendu possible en partie grâce au gouvernement du Canada