Canada’s online legal magazine.

Why Metered Bandwidth Is a Bad Idea

There has been a firestorm of protest recently over the issue of usage based billing for internet access. 

It is widely recognized that the future of Canada is digital. This concept has broad government and community support. This future depends on cost-effective, easy access to the internet. 

Anything that inhibits internet access and use (either wired or wireless), such as the usage based billing we are now seeing, is counterproductive, and a step back to the stone age. We can’t afford to have have an environment where existing or prospective businesses or consumers have any hesitation to use . . . [more]

Posted in: Miscellaneous, Technology

Web Preservation by Screencast

A couple weeks back I posted about the challenge of preserving web-based evidence. Sharon Nelson (of Sensei Enterprises and Slaw) has linked over to some great input from Ben Wright (of SANS Computer Forensics) on the topic, including a blog post and this video.

This seems to do a good job of meeting most of the requirements I identified. What do you think? . . . [more]

Posted in: Technology: Internet

Signal What You Value as a Leader

One of the more profound things I’ve learned, that I try to pass along to new leaders, be they managing partners or practice heads, is to “act like you are on stage at all times, because you are!” Everything you do and say will send messages, set tone, establish expectations, and communicate direction about what is of priority to you. With that in mind, you need to carefully orchestrate what symbolic acts you may want to execute to create a lasting impression and convey what you stand for. In other words, you need to always think through:

Where You Spend . . . [more]

Posted in: Practice of Law

Class Actions and the Competition Act – Will the SCC Take a Bite Out of Quizno’s?

Many class action and competition law lawyers will be anxiously awaiting whether the Supreme Court of Canada will grant leave tomorrow regarding the Ontario Court of Appeal’s decision in Quizno’s Canada Restaurant Corporation v 2038724 Ontario Ltd, 2010 ONCA 466.

Most commentators regard the decision of the Ontario Court of Appeal as making it easier for plaintiffs to have their class action lawsuits certified when claiming damages under the Competition Act.

At issue in that decision were allegations by some franchisees that the franchisor was overcharging for the food and supplies provided to franchisees and that this constituted, . . . [more]

Posted in: Substantive Law: Judicial Decisions

Google and the Digital Commons of Art

Today Google launched its Art Project, which it describes as a “unique collaboration with some of the world’s most acclaimed art museums to enable people to discover and view more than a thousand artworks online in extraordinary detail”. Here is gli Uffizi

Essentially Google has taken its Street View technology to explore museums and move around seventeen of the world’s top museums, with 1000 works of art, with the ability to navigate through 385 rooms with interactive floor plans. Zoom by Artwork View at high resolution coupled with related YouTube videos. . . . [more]

Posted in: Miscellaneous

The CRTC CKLN-FM 88.1 Decision

The Canadian Radio-television and Telecommunications Commission (CRTC) revoked the license of CKLN-FM 88.1 in Toronto, in a decision released on January 28, 2011.

CKLN was established in 1983 as Toronto’s first campus radio station, located on the campus of Ryerson Universiy. It features a variety of ethnic, cultural, and local programming, servicing multiple niche areas not addressed by mainstream radio stations. Their license was last renewed on August 13, 2007, for a seven-year period.

The station has been plagued by disputes and disorganization, resulting in the CRTC raising concerns over compliance with the Radio Regulations, 1986 and the CRTC’s Campus . . . [more]

Posted in: Substantive Law: Judicial Decisions

LegalTech 2011

My firm sent a member to LegalTech in New York this year. I am a little (OK a lot) jealous, but with the wonders of the web I can get a feel for the conference buzz, even before my colleague returns.

One method for attending is registering for Virtual LegalTech. This would work well for those who need CLE credits.

There is also an “On Demand” option on the legaltech site which (after registering) plays a video of Mark Howitsons Keynote address.

For those of us unable, or unwilling to view video, a blog search of LegalTech . . . [more]

Posted in: Technology

Map of Linkedin Connections

Linkedin Labs lets you map your various connections on that service. You can see mine in the image below, as an example of what you’ll get.


Click on image to enlarge

The map on the Linkedin site is dynamic, in that clicking on or hovering over various points reveal the people behind the dots and their links to the people in your circles. The program attempts to group your connections, and you can then label these groups however you please. The brief video below explains:

. . . [more]

Posted in: Legal Information: Information Management

Defining the Requirements

Many times clients start outsourcing process before they are ready. Premature outsourcing decisions sometimes are driven by executive decision that the outsourcing function will need to be completed by certain deadlines. This can cause lots of problem. Effective negotiation of any outsourcing deals requires clients to perform proper due diligence and gather necessary internal data before the outsourcing process starts. Such data could include scope of services required, current mode of operation, desired future mode of operation, historical service level performance, extent of employees impacted, third party contracts and current cost base. 

Defining service requirements based on client’s own internal . . . [more]

Posted in: Outsourcing

Culture Clash in Les Palais de Justice

Three years ago, the Quebec Ministère de la Justice published an exhaustive guide for relations between the media and the courts. The guide imposed access restrictions on journalists, who wanted much broader access to film, take photographs and conduct interviews in the public areas of courthouses, and they also want to broadcast the official audio recordings of court proceedings.. It was challenged constitutionally by the Canadian Broadcasting Corporation, Groupe TVA, La Presse Ltée and the Fédération professionnelle des journalistes du Québec, as a breach of constitutional guarantees of freedom of speech and media freedoms. After a seventeen day trial, . . . [more]

Posted in: Substantive Law: Judicial Decisions

New & Improved! for a Limited Time Only!

One issue that comes up when you’re starting (or developing) your own practice is the question of how – or indeed, whether – to advertise. We’ve all seen our American colleagues’ ads on television (and laughed, or groaned, or gasped), and everyone always checks out their own colleagues’ ads in the Yellow Pages every time the new book comes out. But how do you decide what it is that you’re going to do when it comes to letting the public know that you have an office and would be more than happy to have them come and see it?

Our . . . [more]

Posted in: Practice of Law

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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