Canada’s online legal magazine.

Does Sugar Cause Cancer?

In this New York Times article, Gary Taubes joins two apparently well established medical facts:

  • sugar causes liver fat, and consequently insulin resistance, resulting in elevated insulin levels
  • insulin encourages the growth of cancerous tumours

Would this relationship be a basis for legal action? The Canadian sugar industry ships $800 million worth annually. . . . [more]

Posted in: Miscellaneous, Practice of Law

Gowlings Adds to Law Firm Delivered CPD

The number of Canadian law firms delivering CPD courses expanded today with the launch of Gowlings U.

Full disclosure that Gowlings is a client of ours at Stem, but the general trend of law firms teaching their expertise to other lawyers, corporate counsel, notaries and other professionals seems worth noting. That a number of these courses also comply with law society requirements for CPD credit is also significant.

It’s a role that I’ve long thought that law firms could fill. Especially when firms are widely recognized to have strength in certain practice areas, or regional knowledge that other firms . . . [more]

Posted in: Education & Training: CLE/PD

The BlackBerry Playbook: A Sneak Preview From ABA TECHSHOW

On April 19 the new BlackBerry PlayBook will hit the shelves at 20,000 stores and couriers will be busy delivering the pre-orders. Thanks to my old technology friend John Olah (He had a great contact at RIM!), I had the opportunity to spend some time with a pre-release version of the PlayBook at ABA TECHSHOW this week. I was generally impressed with this device, but have some hesitations as well.

The PlayBook felt very solid in my hand. It is 1cm thick and the rubberized back and sides let you keep a good grip on it. I always feel I . . . [more]

Posted in: Technology

BC Judge’s Reasons for Judgment: “What He Said.”

The British Columbia Court of Appeal (Cojocaru v. British Columbia Women’s Hospital and Health Center 2011 BCCA 192) has overturned — 2-1 –the ruling of a judge whose written reasons for judgment:

. . .cannot be considered to represent his reasons, do not meet the functional requirement of public accountability, and do not allow for meaningful appellate review.

The judge in question adopted 321 paragraphs of his 368 paragraph judgment “almost word-for-word” from the respondent’s written closing submissions and did not acknowledge the borrowing.

It’s by no means unheard of for judges to adopt counsel’s written submissions as . . . [more]

Posted in: Substantive Law: Judicial Decisions

The Friday Fillip: Sound Travels

In the Globe and Mail this morning, I learn that researchers have found that the songs of male humpback whales change from year to year and, indeed, propagate throughout the world community of humpbacks, rather in the way that pop tunes spread among human beings — or the way that negative advertising infects ever larger portions of the polity. It seemed like a day to go with the whales, rather than the pols, so I hunted up these travelling humpback songs for you, finding them in the Wired story on this cetacean phenom.

A travelling sound more… melodious to our . . . [more]

Posted in: Miscellaneous

Algonquin Park and the Crown Forest (Un)Sustainability Act

In 1994, Ontario adopted the grandly named Crown Forest Sustainability Act (CFSA). A long, bruising environmental assessment (the Timber Management EA) had shown that we were ravaging Crown forests with a short term focus on extracting the most timber now, damaging the future of the forests and everything that lived there. It will be better now, the government said. The CFSA begins with impressive (if wordy) promises:

    1. The purposes of this Act are to provide for the sustainability of Crown forests and, in accordance with that objective, to manage Crown forests to meet social, economic and environmental needs of

. . . [more]
Posted in: Justice Issues

Securities Regulation Reference Case Materials Available on Supreme Court of Canada Website

The Supreme Court has wrapped up its two-day hearing into the federal government’s request that the Court rule on the constitutionality of proposed legislation to create a national securities regulator.

Appeal courts in Alberta and Quebec have ruled that the proposal would violate the Constitution because it would intrude on provincial powers.

The facta of all the parties and intervenors of the case are available on the Court’s website.

As well, the hearings were broadcast via webcast and the webcasts are archived.

The Department of Finance has posted background material on the issue, as well as links to . . . [more]

Posted in: Substantive Law: Judicial Decisions, Substantive Law: Legislation

United Nations Commission on International Trade Law Draft Procedural Rules for Online Dispute Resolution

As mentioned earlier this month on Slaw, the UNCITRAL Secretariat has published WP.107 for its meeting next month, setting out the first draft of a set of rules for procedure in online dispute resolution (ODR). That document is available online. With the same link you will find the report of the first meeting of the Working Group on ODR, from December 2010, to see how the group got to where it is now.

The principle of the draft rules is that they should apply readily to low-cost, high-volume disputes, so they should be simple and accessible and allow . . . [more]

Posted in: Substantive Law, ulc_ecomm_list

Forwarding Sexually Suggestive Humorous Emails and Workplace Harassment

I recently received at my work email address a link to a YouTube video of a very popular Irish television show, Mrs Brown’s Boys. In my opinion, this is the best comedy show that has come from the BBC in a very long time. The episode in question, “Mrs. Brown gets a bikini wax”, was so funny to me, I was crying from laughter at my desk. My first impulse was to share the video with some of my co-workers who have a similar sense of humour. However, I hesitated before I pressed the send button, and I . . . [more]

Posted in: Miscellaneous

Legal Aid Link: Supporting the UK Legal Aid Sector Through Innovation and Co-Operation

In my last post on young people’s legal capability, I explored how NGOs such as PLEnet and IARS are piloting innovative Public Legal Education (“PLE”) programmes to enable individuals to take control of their own legal problems. One of the main arguments that I made for PLE is the long term pecuniary advantage to be gained from empowering (young) people to resolve their own legal problems before they reach the stage at which the state might need to step in and provide legal aid funded support. I also made the point that PLE is not a panacea that completely . . . [more]

Posted in: Justice Issues

The Facebook Lawsuits

The United States Ninth Circuit Court of Appeal released its decision on Monday in FACEBOOK v. CONNECTU, INC., dismissing the claims of the Winklevoss twins, who wanted to renege on a cash and stock settlement deal with Facebook founder, Mark Zuckerberg.

The twins claim that Facebook hid information from them during settlement negotiations, estimated at $65 million. They are depicted in the 2010 Hollywood movie, The Social Network. . . . [more]

Posted in: Substantive Law: Foreign Law, Substantive Law: Judicial Decisions

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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