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Judicial Understatement

R. v. Bomberry, 2010 ONCA 542

[9] At approximately 3:45 a.m., [the deceased’s] car stopped at an intersection about five blocks away from his apartment. The vehicle was half on the road and half on the curb. [The deceased] was in the driver’s seat and had suffered a single stab wound to the chest. Expert evidence indicated he would have died rapidly from the injury. Expert evidence also indicated that he was killed while sitting in the driver’s seat, likely by an assailant sitting in the front passenger seat. There was some evidence to support the conclusion that [the deceased]

. . . [more]
Posted in: Miscellaneous

A Creative Creation of Ambiguity

In Weber v. Canada (Minister of National Revenue), 2000 CanLII 14993 (F.C.), http://www.canlii.org/en/ca/fct/doc/2000/2000canlii14993/2000canlii14993.html, Hargrave, Prothonotary, described and then disposed of the respondent’s argument:

[8] Mr. Weber’s main issue is that, in his view, Revenue Canada made an offer to him, in the form of the Tax Certificate, to settle at $110,650.81: critical here, in Mr. Weber’s view, is the dollar sign with one bar through it. Mr. Weber’s submission is that a Canadian dollar sign has two vertical bars, but a peso has only one vertical bar. The offer, being in Mr. Weber’s view, in pesos, worth about seventy-five

. . . [more]
Posted in: Miscellaneous

How Many Books Are There?

Google has released their estimate for the number of books: 129,864,880.

They also offer a full explanation of their counting methods, with some interesting quotes:

  • “we can’t rely on ISBNs alone is that ever since they became an accepted standard, they have been used in non-standard ways. They have sometimes been assigned to multiple books: we’ve seen anywhere from two to 1,500 books assigned the same ISBN.”
  • “We trust OCLC and LCCN number similarity slightly less, both because of the inconsistencies noted above and because these numbers do not have checksums, so catalogers have a tendency to mistype
. . . [more]
Posted in: Miscellaneous

What Do Citizen Lawmakers Need to Know?

Introduction: Citizen Lawmaking Online

Citizen lawmaking seems ideally suited to today’s Web. Government social media and online deliberation resources, coupled with widespread access to broadband in many nations, and much improved Internet access to laws, combine to furnish citizens with abundant means for participating in the creation of laws online. The category of information and communication technologies (ICTs) that enable online citizen involvement in lawmaking has many names, including eConsultation, eDemocracy, eParliament, eParticipation, eRulemaking, and Dr. Beth Simone Noveck’s “collaborative democracy”.

In the U.S., citizens in many jurisdictions already have the . . . [more]

Posted in: Legal Information

The Passing of Canada Law Book

We note, with mixed emotions, the passing of Canada Law Book, a company whose roots in Canadian law go back a century.

Here is the announcement that it is being acquired by Thomson.

* 04 Aug 2010

Thomson Reuters Acquires Canada Law Book
Combined content and services provide true online and print customer advantages

Toronto, Canada, Aug. 4, 2010 – Thomson Reuters today announced the acquisition of Canada Law Book, a division of the Cartwright Group Limited. Canada Law Book will be aligned with Carswell, a Thomson Reuters business headquartered in Toronto. Terms of the deal were not disclosed.

. . . [more]
Posted in: Legal Information: Publishing

Judicial Council Publications

The Canadian Judicial Council is a source of publications that should interest lawyers. The most recent report is The Canadian Justice System and the Media [PDF], a 2010 update to their publication of the same name in 2007. Although written explicitly for the benefit of members of the press and other news media, the section on Publication Bans and Other Restrictions on Media Coverage provides a handy review of the law in this area.

The Council commissions more frequent analyses on technology and its impact on the judicial system. For example, thus far in 2010 they’ve released four pieces by . . . [more]

Posted in: Legal Information: Publishing, Technology: Office Technology

What Does Ontario Bill 68 Really Mean?

Ontario Bill 68, The Open for Business Act, 2010 was recently tabled in Legislature. The aim of the Bill is to create a more competitive business climate in the province, while protecting the environment and public interest. Among the over 100 proposed amendments to various pieces of legislation, broadly stated, the upcoming changes would:
Posted in: Substantive Law, Substantive Law: Legislation

The Demise of Google Wave

On Wednesday in an Official Google Blog post, Urs Hölzle of Google informed us that Google Wave would no longer be developed:

Wave has not seen the user adoption we would have liked. We don’t plan to continue developing Wave as a standalone product, but we will maintain the site at least through the end of the year and extend the technology for use in other Google projects.

Hölzle goes on to give some hope that some of this initiative may live on in other ways:

The central parts of the code, as well as the protocols that have

. . . [more]
Posted in: Technology: Internet

Uprooting Noxious Habits in the Workplace

Markus is a successful lawyer who does great work for clients and who burns out assistants on an annual basis with sarcastic comments and angry outbursts. Jeffrey is a managing partner who likes to lead his firm like a drill sergeant at boot camp. 

I am on a mission to contribute to making our law firms better places to work. One of the big questions I keep grappling with is why do smart, talented, hard-working, ethical people – lawyers – make such a mess out of management? 

One of the answers is found in one of the best reads on . . . [more]

Posted in: Practice of Law

Legal Project Management

Over the last few months I have noticed a marked uptake on the topic of legal project management in the legal literature and blogosphere. Although I think lawyers have always “done” legal project management (not always well), I also think the recent buzz on the topic is related to the economy and the recent emphasis within the legal profession on changing trends and the need to do legal project management better.

SLAW recently did a book review of Steven Levy’s book called Legal Project Management. In addition to Steven’s book, there is also Jim Hassett’s The Legal Project Management . . . [more]

Posted in: Legal Information: Information Management, Practice of Law: Practice Management

Borges Mentions Law

I’ve long had a fascination with Jorge Luis Borges, the Argentinian writer, mostly because of his short fictions. He combined a wild imagination and calm, disciplined, mannerly prose. A particular favourite — and famous — passage is the list of animals that he says is taken from (his invention) the “Chinese Encyclopedia, the Celestial Emporium of Benevolent Knowledge”:

  1. those that belong to the Emperor,
  2. embalmed ones,
  3. those that are trained,
  4. suckling pigs,
  5. mermaids,
  6. fabulous ones,
  7. stray dogs,
  8. those included in the present classification,
  9. those that tremble as if they were mad,
  10. innumerable ones,
  11. those drawn with a very fine camelhair
. . . [more]
Posted in: Reading

RIM Blackberry Security Irks UAE, Saudi Arabia

There has been a lot of press over the latest countries that don’t want Blackberries in their country unless they can get access to monitor user communications. See, for example, the Washington Post, Techdirt, Engadget.

RIM designed Blackberry communications so they would be secure, in a way that RIM itself can’t even access them. That’s a great feature that makes privacy advocates, corporate users, and individual users very happy. 

But it also makes some governments very unhappy – particularly those who believe they need to spy on communications. Some to the extent that they threaten to ban . . . [more]

Posted in: Miscellaneous, Substantive Law: Foreign Law, Technology

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