Canada’s online legal magazine.

Personal Equality and Group Benefits

How can individuals be treated equally and yet have their characteristics merged for the purpose of spreading rights to payment over a large group? This question comes up in designing pension plans and insurance premiums. Two recent decisions seem to point in opposite directions.

The Supreme Court of Canada today released its decision in a case about pension benefits and survivor rights. Withler & Fitzsimonds and Attorney General of Canada. The Court upheld the lower courts in finding that reducing a supplementary death benefit to a surviving spouse according to the age of the pension plan member at death . . . [more]

Posted in: Substantive Law: Judicial Decisions

Police and Cameras

It seems Canada is not experiencing the same level of conflict over the issue of citizens photographing police as our neighbours are. In the UK, the US, and Canada, the general rule seems to be that a person is allowed to take pictures of whatever is visible while standing in a public place. But, as always, the devil is in the details.

In the UK the Counter Terrorism Act of 2008 makes it an offense to photograph certain types of police (see s. 76) where the photos could be useful to a terrorist (with the onus of proof on the . . . [more]

Posted in: Legal Information, Technology

The Friday Fillip

I had a couple of bright ideas recently, one of which I forget and the other of which — well, like my idea for creating a website for good ideas — turns out to have been already done. The thought was to have a web page for each year, where you could find the signal events of that year along with links to news stories and so forth. And Wikipedia had that thought, too.

If you Google 1944 — or 1987, for that matter, though why you would I can’t imagine — the first thing in your results will . . . [more]

Posted in: Miscellaneous

CCCT Court Web Site Guidelines – Resources – Requests for Proposals (RFPs)

The guidelines have the following objectives:

  • to enable a common understanding and context of what modern web sites offer and how they are powered (Part I)
  • to identify and review issues that are specific to court web sites, as opposed to web sites in general (Part II)
  • to develop a principled approach to court web site development (Part III)
  • to make specific recommendations on the modernization of court web sites based on modern web site context, court web site issues and selected principles (Part IV)

Part V of the guidelines facilitates adoption of the recommendations in Part IV by providing . . . [more]

Posted in: Legal Information: Publishing, Technology: Internet

Professional Publishing Mergers and Acquisitions? Why Not?

Oligopolies? Reduction in healthy competition? Up go the prices. Down goes the quality. Customers in a stranglehold. 

Duopoly fear is discussed continuously. It’s a bad thing. Right?

I’m not so sure, my reason being that I want to see professional information thrive for all concerned – shareholders, employees past, present and future, customers, suppliers and society, and in the interests of the supremacy of law. My point is, what appears to exist now is hardly optimal, it’s clearly ripe for change and in this situation and for these purposes, I reckon market forces might produce a better outcome than . . . [more]

Posted in: Legal Publishing

Intellectual Property Day – a Great Day to Spread the Copyright Word!

WIPO celebrates World Intellectual Property Day on 26 April 2011. It’s a great day and “excuse” to educate those around you about intellectual property issues including copyright and licensing matters within libraries and organizations. This year’s theme is “Designing the Future”. A poster, postcard and bookmark may be downloaded from the WIPO site and used to help educate and raise copyright and intellectual property awareness. Of course, you are encourage to create your own educational materials which WIPO will showcase on its site. . . . [more]

Posted in: Legal Information: Information Management, Legal Information: Libraries & Research

The Battle at CRTC

From OpenMedia.ca :

We have a unique opportunity to stop phone and cable company gouging if we act now.
Thanks to the nearly half-a-million people who signed the Stop The Meter Petition, the CRTC is now reviewing its decision to impose new fees on nearly all Internet users.

Industry Minister Clement told Parliament he will not allow the same decision to be passed by the CRTC, but has not specified whether he will accept a watered-down version of that decision. We know a Big Telecom-friendly compromise is being pushed behind closed doors. If we don’t speak up now we could

. . . [more]
Posted in: Miscellaneous

The Cost of Doing Business

Rachel Rodgers makes a great point in her post today at SPU — the idea that in business, everything has a cost. She illustrates:

“Using an old laptop that gives you trouble every now and then has a cost. The cost is lost time that could have been spent working and the ensuing frustration that prevents you from being creative.”

or,

“Not purchasing software that makes work flow and management efficient has a cost. Not having staff that can handle certain time consuming tasks has a cost.”

She also correctly notes that even for a new business, sweat equity . . . [more]

Posted in: Practice of Law: Practice Management

Fundamental Values of the Quebec Nation: Defining an Identity

The issues of prayers and religious symbols in provincial legislatures and municipal councils; religious-based schools and practices; and Canada as a multicultural country have caused widespread debate in Quebec and across Canada of late. You can hardly open a newspaper or listen to a news report and not catch at least one instance of it. Furthermore, with the recent increase in immigration, many Quebecers—and Canadians—are trying to define their identify: what does it mean to be a citizen of Quebec and a citizen of Canada? It has become a national issue!
Posted in: Miscellaneous, Substantive Law, Substantive Law: Legislation

Job Description: Legal Project Manager

Wanted: Legal project manager.

Reports to: Every lawyer in the place, and some of the paralegals as well

Required Skills: 

  • Herding cats
  • Finding the words in alphabet soup without the noodles
  • Singing that song from Man of La Mancha with a straight face (though not necessarily on key)
  • Able to leap at least small buildings in a single bound (trampoline permitted as accessory, but candidate must supply the trampoline)

Duties and Responsibilities: 

  • Babysitting harried grown-ups 
  • Saying “no” to professional negotiators who carry Getting to Yes in their pockets
  • Plate spinning and chain-saw juggling
  • Doing more with less
  • Getting dual-optimal results
. . . [more]
Posted in: Practice of Law

Apple iPad 2 Just Announced

Apple just held its press conference. Details about the iPad 2 will be found in the tech press. Engadget.com, wired.com/gadgetlab, and cnet.com are good ones to look at. Even the CBAPracticelink has an article about it. No doubt they will all have articles very soon comparing the iPad2 to the Motorola Xoom, and the upcoming Blackberry Playbook. And speaking of the Playbook, RIM gave an update and demo yesterday – but apparently still no details on launch date or price.

As I’ve mentioned before, tablets will forever change how we consume information and media – both as a consumer . . . [more]

Posted in: Technology

Marketing of Philanthropic Activities

Marketing of philanthropic activities is not a new concept and now appears to be the norm for most law firms with their involvement in various charitable campaigns, fundraising events and pro bono work. What is surprising is the low profile these activities have on law firm websites and the lack of a consistent approach within the profession. An informal survey of 15 large to mid-size law firm websites found Corporate Responsibility under the following sections:

  • “About Us” section – 10 sites
  • “Student Recruitment” section – 4 sites
  • “Home Page” – 1 site had a direct link on its home page
. . . [more]
Posted in: Legal Marketing

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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