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What Is the Public Works Protection Act Anyway?

A little-known Ontario law called the Public Works Protection Act, R.S.O. 1990, c. P.55 received much publicity in the last few days due to the decision to designate a large swath of downtown Toronto as a “public work” (http://www.e-laws.gov.on.ca/html/source/regs/english/2010/elaws_src_regs_r10233_e.htm). It was said this was due to G20 security concerns, giving police wide powers to search people who even dared to venture near the G20 security zone.

Many were caught off-guard by this formerly little-known legislation. What does it do? . . . [more]

Posted in: Substantive Law: Legislation

Injection Marketing Undermines Credibility

If there’s one lesson lawyers really should learn about participating in online communities, it’s this: how you contribute to a conversation is at least as important as what you contribute. Those who don’t appreciate this guideline run the risk not just of seeing their comments ignored, but also of earning a bad reputation that’s hard to shake.

I’m thinking specifically of lawyers who engage in strafing an online conversation, scattering self-promotional marketing messages at each landing point. They’re newcomers with some credibility in the marketplace, but have little invested in any specific virtual community. So they charge in, market, and . . . [more]

Posted in: Legal Marketing

The Friday Fillip


click image to enlarge it

Not very exciting, I know. But I used to live near here when I was a little kid. And anyway how many places do you know called “the Dingle”?

This is a map produced by MapSherpa, an online app that will kick out topographical maps of Canada — you know, the ones that show lines around levels, so you know how steep the hill is that you’re about to climb. (Read the bit in Wikipedia that says that I — and MapSherpa are perhaps misusing “topographical. But nevermind.) Nothing too dramatic around the Dingle, . . . [more]

Posted in: Miscellaneous

Jean-Marc Leclerc

Please welcome Jean-Marc Leclerc, our newest occasional contributor here at Slaw.

Jean-Marc is a partner in the litigation department of Osler, Hoskin & Harcourt LLP in Toronto. He practices in class action, antitrust and white collar crime litigation. He has also taught appellate advocacy at Queen’s University, where he received his LL.B. in 1999. From 1999­-2001, he was a law clerk at the Federal Court of Appeal for Justice Sexton and at the Supreme Court of Canada for Justice Major.

He is also a member of the Pro Bono Law Ontario Child Advocacy Project and Advocates’ Society Court of Appeal . . . [more]

Posted in: Administration of Slaw

Aboriginal Law Skills

As director of the Program of Legal Studies for Native People (PLSNP) I have several roles. One is advising prospective Aboriginal law students about how they might best prepare for the Law School Admissions Test (LSAT). This often leads to a discussion about why they have to take it at all since it is not created for Aboriginal Canadians or demonstrated to be a valid measure of skills for Aboriginal Canadians. (I can’t argue with that – when I asked for statistics about how LSAT score correlates with success in law school for Aboriginal Canadians, I was told that would . . . [more]

Posted in: Justice Issues

Moving Day – La Journée Nationale du Déménagement

In a very curious custom, today seems to be the day when leases renew in Montréal, so it’s Moving Day, when a few hundred thousand Québecois decide to switch residence on the same day. Movers are sitting on their hands much of the rest of the year, but are booked solid for July 1 months in advance. Even at rates that are triple normal.

Why? . . . [more]

Posted in: Legal Information: Information Management, Substantive Law: Foreign Law

Fodder for Analogies

Happy Canada Day! Since it is a holiday day, my family is working on chores around the homestead. Today’s chore for the parents is continuing with backfilling for our current building project. This is the kind of chore that gives a person time to think.

I have been operating a jumping jack while my husband uses our tractor to put dirt in the trench around out new insullated concrete form foundation walls.

I think learning to use this tool and carrying out the task of packing dirt is an excellent analogy for the legal research process.

First, for any task . . . [more]

Posted in: Miscellaneous

Court Limits Liability for Mental Suffering

In May, the Ontario Court of Appeal reversed the lower court decision in Piresferreira v. Ayotte. The reversal limits an employee's ability to hold an employer liable for negligent or intentional infliction of emotional distress in the workplace. The Court stated that employees may not make the charge of negligent infliction of mental suffering against an employer or supervisor for conduct in the course of employment.
Posted in: Substantive Law, Substantive Law: Judicial Decisions

Canada Day 2010

Today is Canada Day, so it’s unlikely that there’ll be any other posts today — or, indeed, readers to read them, if there were. Of course, being Canada, we’ve managed to celebrate our nation on a single day that, unless it falls on a Friday or a Monday, doesn’t stretch to a long weekend the way that some other national holidays manage to. I’d like to think it has something to do with a concern about productivity, but . . .

Speaking of productivity, what would an entry on Slaw be if it didn’t produce even some small tidbit of . . . [more]

Posted in: Miscellaneous

“If America Was Going to Be a Great Legal Country, It Needed to Have Its Own Legal Reports.”

The oldest law reports in North America were originally written by Josiah Quincy Junior (1744-1775), recording the cases of continental America’s oldest court, the Superior Court of Judicature of the Province of Massachusetts Bay. That is the direct ancestor of today’s Supreme Judicial Court of Massachusetts, which has been in continuous existence since 1692.

My friend Daniel R. Coquillette, former Dean of Boston College Law School has edited a new edition of the law reports published this month.

Quincy’s court reports offer a rare legal insight into life in the American colonies prior to the American Revolution, and cover such

. . . [more]
Posted in: Legal Information: Publishing, Substantive Law: Foreign Law, Substantive Law: Judicial Decisions

The End of an Era

As per the subject line, today marks the end of an era. After 18 years at the Bora Laskin Law Library at the University of Toronto and then 12 years at the Sir James Dunn Law Library at the Schulich (nee Dalhousie) School of Law at Dalhousie University Ann Morrison is retiring. Ann is a veritable legend in the field of law librarianship, with a list of achievements that I could not do justice to with a Blog post. While I am sad to see her leave us, Ann’s retirement is well-earned and Ann has truly had a lasting impact . . . [more]

Posted in: Announcements, Miscellaneous

Birth-Wrap Agreement

We constantly see commentary on frivolous lawsuits, and cases that poke holes in limitation clauses in contracts of various types. Perhaps everyone should have some sort of basic understanding of who is responsible for what. So I propose (in jest of course) that everyone be subject to the following agreement.

By being born, you agree to be bound by the terms of this agreement, even you you have not, or can not, read them. 

You are responsible for your own actions. Stuff happens in life, and you should look to yourself before you blame others. 

Stuff will happen that may . . . [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