I spent most of the last week moderately involved in a somewhat different model of law reform, the annual meetings of the Uniform Law Conference of Canada, held this year in Ottawa, hosted by Justice Canada. (The website does not include this year’s proceedings, but you can find last year’s reports, resolutions and other documents there.) One of our fellow slawyers, a long term ULCC full participant, was also there as an Ontario delegate. The delegate to the ULCC are mainly senior or middle-level bureaucrats from the provincial, territorial and federal governments, but law commission representatives and others (such . . . [more]

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]

A “Round 2” edition of biotech highlights:

• Round 1 of this week’s IPOs (yep, that’s IPO with an “s”, as in more than one) was a draw, with shares of Cumberland ending flat on the day; but Round 2 — Emdeon’s offering the next day — was a knock-out, leading some (ok, me) to suggest the markets may be opening up to the idea of biopharma offerings.
• Round 2 of Amgen’s study showed that genetic differences really do correlate with response to their medicine — Vectibix — in the treatment of colorectal cancer. Score this one for personalized medicine

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]

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]

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]

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]

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

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]

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:

• Most notably, the U.S. Senate confirmed three high-profile nominees: Sonia Sotomayor was confirmed as a U.S. Supreme Court justice, Francis Collins was confirmed as the director of NIH, and David Kappos was confirmed as the director of the U.S. Patent and Trademark Office.
• Two other U.S. developments confirmed the trend towards adoption of electronic medical records: 1) The President’s Council of Advisors on Science and Technology (PCAST) was

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]

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]