A Ministry of Justice press release dated this Monday announced that British Columbia will become the first province to institute a system of online dispute resolution. Bill 44 — 2012, the Civil Resolution Tribunal Act, creates a tribunal with jurisdiction and powers very much the same as those of the small claims court but mandated to:

2 (1) . . . provide dispute resolution services in relation to matters that are within its authority, in a manner that
(a) is accessible, speedy, economical, informal and flexible,
(b) applies principles of law and fairness, and recognizes any relationships between parties

Since Sunday I’ve been at the Canadian Association of Law Libraries annual meeting, which wrapped up moments ago. I’m a new member of the organization and this was my first CALL conference. I’m pleased to have put so many faces to names, avatars, and handles. I also enjoyed reconnecting with many people I’ve worked with over the years in several domains all over the country.

The conference presented much enriching content, and also highlighted that many involved in different legal libraries, in different sectors, share many concerns and challenges. This knowledge came to light during networking times and in sessions. . . . [more]

It is becoming more common for businesses (and law firms) to have a corporate presence on social media platforms such as Facebook, LinkedIn, and Google plus. Some take advantage of promotional uses such as contests on Facebook. 

It is important to look at the terms of use if you do that. Facebook, for example, has terms that govern how contests can be run on Facebook. I suspect many Facebook contests run afoul of these terms, and get away with it only because Facebook didn’t happen to catch it. I also suspect that many people running the contests are not aware . . . [more]

An extraordinary warning today from the Solicitors’ Regulation Authority that fraudsters in Britain have set up phony law firm websites, sufficiently genuine looking that there’s a real risk of fraud.

Bogus firms: Are you at risk of being cloned? . . . [more]

The Journal of the Digital Humanities just released its inaugural issue. It is an open access journal with a new take on the peer review process. As described in the editorial, the idea of community is the starting place for the journal. 

Reversing the ‘closed’ selection and review process usually used, the journal starts with the materials noted on the Digital Humanities Now blog, which itself is a selection from the materials available through all the websites included in the very comprehensive Digital Humanities Compendium. Interestingly, anyone can add their site to the Compendium, so accordingly there is . . . [more]

Rule 3.01 (1) of the Law Society of Upper Canada’s Rules of Professional Conduct is always overshadowed by its sister rules. Yet, it is perhaps one of the most important rules of our profession:

3.01(1) A lawyer shall make legal services available to the public in an efficient and convenient way.

This rule suggests that if a lawyer is not providing legal services in an efficient manner, she is breaching the rule; and, if a lawyer is not providing legal services in a convenient manner, she is also breaching the rule. Interestingly enough, the commentary in rule 3.01 . . . [more]

Last week saw the unveiling of the long-awaited Google Drive. I won’t discuss the technical details of what Google Drive delivers – others have done so in great detail – but instead focus on Google Drive’s controversial Terms of Service.

The following clause of the Google Drive Terms of Service immediately generated a firestorm of controversy:

When you upload or otherwise submit content to our Services, you give Google (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we

The New Brunswick Court of Appeal has published a substantial review of the impact of using email to transfer real estate. Its decision in Druet v. Girouard 2012 NBCA 40 overturned the decision of the Court of Queen’s Bench, 2011 NB 204 (in French only on CanLII; the English text is at [2011] N.B.J. No. 260, and [2011] A.N.-B.no 260.)

In this case the parties exchanged a total of seven emails about the plaintiff Girouard’s possible purchase of the defendant Druet’s condominium apartment in Moncton. The final email was from Druet, withdrawing from the transaction. Girouard took the view . . . [more]

Access Copyright appears to be on the verge of successfully cowing Canadian universities into paying for their own harassment, and is doing so with the full support of the AUCC. In fact, as Ariel Katz describes it, the particular steps the AUCC has taken in the matter virtually coerce individual Universities into accepting this very bad agreement, and in fact the AUCC paid for legal advice from sources inimical to the interests of their stakeholders.

If you get the feeling, as a student, a taxpayer, or an University employee with any residual sense of commitment to . . . [more]

The UK newspaper The Guardian has published a wonderful series on the future of the Internet called Battle for the Internet:

“The Guardian is taking stock of the new battlegrounds for the internet. From states stifling dissent to the new cyberwar front line, we look at the challenges facing the dream of an open internet”

Every day over a period of one week, the daily has tackled the major flashpoints relating to the future of cyberspace:

• the new Cold War (state censorship)
• militarization of cyberspace
• the new walled gardens (app stores, social network sites like Facebook)
• the IP wars

A hackathon (hack + marathon) is an event where computer programers, often in conjunction with graphic designers or other related disciplines, get together for marathon sessions to collaborate intensly on a project. There is a specific goal in mind, such as coding specific software or solving a specific problem.

Brooklyn Law School’s Incubator and Policy Clinic recently held its first legal hackathon, a day long event for law students, lawyers and entrepreneurs to help lawyers think more like hackers. One of the organizers said “What I’m hoping to get at today is to figure out how we as lawyers stop . . . [more]

I predict that Windows 8 will not catch on for mid-sized and large law firms. Windows 8 Enterprise is offered and has some interesting features, but the change is so huge that I see little potential for adoption by law firms.

Today our IT Manager showed me his iPad running a virtual instance of Windows 8 sourced from his home Mac. The interface has radical and interesting new flavour that sources apps and reminds me of my iPhone.

Among many others, BBC News has a preview article today. Microsoft also offers a consumer preview that links to a video for . . . [more]