Canada’s online legal magazine.

LawPivot: Crowdsourcing Legal Advice

While Q&A sites have been around for as long as the web, the last year has seen a tremendous surge of innovation in this space. Quora is one of the hottest startups in the valley right now, and has experts in various fields answering questions on everything from “Why is Dropbox more popular than tools with similar functionality?” to “Why is honey dangerous for babies?”.

LawPivot brings the Quora concept to legal advice, allowing companies to confidentially ask legal questions of lawyers that have registered with the site. LawPivot employs a recommendation algorithm that will match . . . [more]

Posted in: Practice of Law: Marketing, Technology: Internet

The Language of Statutes: A New Book on Statutory Interpretation

If you enjoy worrying the ambiguous spaces in legislation, or shaking your head at the foolishness of those who are wrongheaded about interpretation, you might like Lawrence Solan’s new book, The Language of Statutes, Laws and their Interpretation (University of Chicago Press, 2010, ISBN: 9780226767963—also available as an e-book, including what appears to be a 30-day “rental” for $7). His is a balanced, pragmatic view of statutory interpretation and the role of the courts, welcome, I’d say, in a U.S. climate where otherwise reasonable people can say that judges should simply apply laws mechanically and leave the creativity to . . . [more]

Posted in: Reading

Good Risk Management: Use an “I Am Not Your Lawyer” Letter

On occasion you will meet with people who are connected with a matter but not otherwise your client. For example, where you have met with several people during the creation of a business and will end up acting for the business but not for one or more of the individuals. Or, where you meet with the children of an elderly couple in the course of doing estate planning work. In these cases an “I am not your lawyer” letter can serve to make it crystal clear for which individuals you are and are not acting.

Here is a model “I . . . [more]

Posted in: Practice of Law: Practice Management

Canadian Forum on Civil Justice Moving to York University

York University is the new home of the Canadian Forum on Civil Justice. The Forum is moving to York from the University of Alberta’s Faculty of Law and will partner with the York Centre for Public Policy & Law (YCPPL) and Osgoode Hall Law School on various socio-legal research initiatives.

“The Canadian Forum on Civil Justice is considered a leader in interdisciplinary research on civil justice,” says Faculty of Liberal Arts & Professional Studies Professor Lesley Jacobs, who teaches law & society and political science and is the director of the YCPPL. “It is a non-profit, independent, national organization established . . . [more]

Posted in: Justice Issues

Turkel Commission Report Released

The Israeli Ministry of Foreign Affairs announced the release today of the 300-page report by the Turkel Commission, Part 1 of The Public Commission to Examine the Maritime Incident of 31 May 2010.

The incident is more commonly known in the media as the flotila raid, where Israeli military forces intercepted six ships attempting to break the blockade on the Gaza strip. . . . [more]

Posted in: Substantive Law: Foreign Law

When and How Can Lawyers Criticize Judges?

A lawyer’s ability to complain to a judge about the judge’s behaviour in court is about to be reviewed by the Supreme Court of Canada. The SCC will hear the appeal in Doré v Bernard. Gilles Doré was penalized by the Barreau du Québec for his letter to the judge of a case in which Mr. Doré had been counsel. Though the letter was marked private, the judge sent it to his Chief Justice, who sent it to the Barreau. More details are in this story in the Montreal Gazette. The text of the letter leads off the . . . [more]

Posted in: Practice of Law, Substantive Law: Judicial Decisions

Canadian Elder Law Guide

The Canadian Centre for Elder Law, a division of the BC Law Institute at UBC, has released A Practical Guide to Elder Abuse and Neglect Law in Canada:

This comprehensive resource includes snapshots of the law in each of the thirteen provinces and territories, a comparative table that allows for quick reference, a set of guiding principles for working with vulnerable adults, and sections that discuss mandatory reporting of abuse and neglect, rules around confidentiality of personal and health information, and the relationship between mental capacity and elder abuse.  The guide also contains a lengthy list of resource agencies.

. . . [more]
Posted in: Substantive Law

CATSA: Gunning for Your Granny

On January 4 the Canadian Air Transportation and Security Authority caught their first terrorist with the new Rapiscan at the Calgary airport.

Sorry, did I say terrorist? I meant Granny. She was detained for a secondary search when it was discovered the gel contained in her prosthetic breast was likley more than 3 oz. “Being in public, and being touched like that, it was really, really not called for,” she said.

After all, I was coming home from Christmas with my kids [in Calgary]. I didn’t go into a different country, I didn’t go across the country. I went on

. . . [more]
Posted in: Miscellaneous

The Friday Fillip

As with oatmeal cookies, pints of beer, and bags of wine gums, I keep coming back to them. Can’t really stay away long. Oh, I go graphic as often as I can and audio too. But words whistle me in quite regularly in these Friday Fillips. And here I am again banging on about words.

Only last April I “bloviated” about “swale” and “decrement.” A kind reader, Paul Dawson, suggested that if I liked odd words that much I might enjoy the website World Wide Words. I did. I do. And now you might, too.

It’s the work — . . . [more]

Posted in: Miscellaneous

Great Investments and Fancy Yachts….it Must Be RRSP Season Again!

Nothing marks the beginning of the year like RRSP season and a plethora of mutual fund ads boasting performance with imagery that suggests you could be sailing a fancy yacht as a youthful retiree. 

Don’t get me wrong, the possibility of excellent investment performance and becoming the captain of your own expensive yacht sounds great, but many of these ads overlook the significance of the fees associated with mutual fund investments. It suggests to me that companies that don’t emphasize the competitiveness of their fees have something to hide.

You may have heard a few years ago that a study . . . [more]

Posted in: Practice of Law

Bastarache Commission Report on Judicial Nominations in Quebec

Michel Bastarache, a former Supreme Court of Canada Justice, submitted his official report yesterday into allegations of influence peddling in the nomination of municipal and provincial court judges in Quebec.

The commission that he led had been created by Quebec Premier Jean Charest after the province’s former Justice Minister Marc Bellemare alleged that he been forced to name three judges to the bench at the behest of Quebec Liberal Party organizers and fundraisers.

Bastarache rejected the allegations but he did document gaps in the judicial nomination process in Quebec in terms of transparency, writing that the process was vulnerable to . . . [more]

Posted in: Miscellaneous

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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