The Supreme Court of Canada released the highly-anticipated decision in Globe and Mail v. Canada on Friday. The court considered three appeals emerging from the Sponsorship Scandal or “AdScam,” where a misappropriation of public funds in Quebec under Paul Martin’s Liberal Party of Canada, which ultimately led to his party’s downfall. The scandal is still cited as one of the main reasons why the Federal Liberals continue to suffer in the polls.

The Globe & Mail has made their factum and the respondent’s factum available on their website, along with responses from various individuals in the legal and publishing . . . [more]

Some email programs automatically delete old emails after a fixed time. Most come with a function that allows the owner of the system to set up a time after which old emails are automatically deleted (unless they have been moved to particular storage folders, probably). This function seems useful to avoid clutter. It’s like a record destruction schedule.

Is there a standard time at which such auto-delete functions should be set, or should there be? What’s a safe time, legally as well as practically? It is clear enough that without such a function, some people (most?) would never get around . . . [more]

Perhaps not an entirely new concept, considering how well traveled the roads to co-ownership are, but nonetheless, here’s and interesting look at the law of what is becoming easier to do with people you know less well: sharing. . . . [more]

I’m forever blowing bubbles,
Pretty bubbles in the air.
They fly so high,
Nearly reach the sky,
Then like my dreams,
They fade and die.

James Kendis, James Brockman and Nat Vincent – 1919

I refer, of course, to the unfortunate Officer Bubbles, the Toronto police officer who has become something of a celebrity because of, among other things, his lawsuit against YouTube for publishing cartoons of his response during the G20 meeting to a protester who blew soap bubbles in his direction. For those three of you who missed the fuss, the Toronto Star has the story and a . . . [more]

privilege for legal advice from accountants?

“When it comes to customer service,” James Surowiecki noted in an insightful New Yorker column last month, “it seems people are unhappy no matter what side of the counter they’re on.” Surowiecki’s article describes how the only ones more miserable than those who provide front-line customer service these days are those who receive it: neither the buyer nor the seller values or enjoys the post-transaction relationship. 

The reason is pretty simple: during the recession (and, Surowiecki points out, even more so during the boom that preceded it), companies slashed customer service because it was little more than a cost center . . . [more]

The Practice Directions for the Toronto Region states,

Parties must consult with each other to select a return date convenient to all parties and which will permit all parties to file all necessary materials and conduct any examinations before the return date. At the time of booking, a realistic estimate of the time required by all parties for argument must be provided.
[emphasis added]

Most other regions have similar guidelines on consultation for scheduling.

Finding a single date when all counsel are available, and then also securing that date from the Trial Scheduling Office, can be challenging, especially when there . . . [more]

Whether it’s Christmas, Hanukkah or another cause for celebration that triggers you to pause, over-eat, connect with loved ones, the winter holiday is a blessing. It also reminds us to stop and appreciate our clients, especially if we haven’t done so during the year. 

A few years back I was working on a project and my law firm client retained a well-known Vancouver design firm. On the eve of Thanksgiving, all of us on the project received pumpkin pies with a note of appreciation attached. Simple and sweet. It was their strategy to offer a memorable token of appreciation during . . . [more]

On September 29, 2010, new legislation allows Quebec to enter into reciprocal agreements with other Canadian provinces and territories to enforce the payment of wages and other moneys owed to local employees of Quebec-based organizations, as laid out in the other jurisdictions’ respective employment standards legislation.

Will this spread to other jurisdictions? Will people now pay more attention when we talk to them about the importance of proper legal citation? Just a thought :)

Lawyer Fined $100 for Getting a Case Citation Wrong . . . [more]

Linking Service Descriptions to the Economic Model

It is trite to say that in any outsourcing transaction, the service description is critical to the deal. The services are, after all, the essence of the outsourcing regardless of the impetus for doing the outsourcing in the first place (such as cost reduction, technology improvement, business transformation, and so on). The service descriptions are used to establish the framework for the economic model and the base fees that will have to be paid by the business owner. These service descriptions are key for establishing what the service provider must do for the . . . [more]

The Legal Services Act of Scotland has been passed into law allowing up to 49% public ownership of law firms.