Canada’s online legal magazine.

How to Take Your Law Firm Paperless

Luigi Benetton gives some tips on how to properly go paperless at The Lawyers Weekly,

If a clean desk is a clean mind, what do the papers on your desk say about your mind?

Increasingly, lawyers answer that question by replacing piles of paper with that most prominent of paperless-office machines, the scanner.

While critics argue that you’ll find paperless offices when you find paperless restrooms, the misnomer hasn’t prevented people from reducing the amount of paper they use, nor from sharing their experiences and lessons learned along the way.

. . . [more]
Posted in: Practice of Law: Practice Management

Review of Electronic Evidence in Canada

Electronic Evidence in Canada 
by Graham Underwood and Jonathan Penner
published by Carswell 2010-1-30
price: $120.00
ISBN: 978-0-7798-2263-8

“A helpful reference for those dealing with issues arising from the production and use of ESI in litigation process.”

In the preface to the book, Penner and Underwood point out that guidance about the admissibility of electronic evidence is currently lacking in Canada and set out to remedy this situation with an commendable textbook on the nature of electronically stored information (ESI), its management both before litigation and once litigation commences, and its admissibility as real, documentary and demonstrative evidence.

 Government lawyers . . . [more]

Posted in: Book Review

Human Gene Patent Rejected by NY Court

A New York court has struck the patents held by Myriad Genetics Inc. for BRCA1 and BRCA2 which have been linked to breast and ovarian cancer in Association for Molecular Pathology, et al. v. United States Patent and Trademark Office, et al.

Parties including The American Civil Liberties Union, Public Patent Foundation, and Benjamin N. Cardozo School of Law argued that the patents were unconstitutional. The decision challenges the famous quote about patentable subject matter from Diamond v. Chakrabarty, 447 U.S. 303 (1980),

…a person may have invented a machine or a manufacture, which may include anything

. . . [more]
Posted in: Substantive Law: Judicial Decisions

Lawsuit Against Copper Mesa and Bill C-300

Earlier today Marcia Ramírez spoke at Huron College (at the University of Western Ontario) about her pending suit against Copper Mesa Mining Corp., a Canadian mining company operating in her home in Ecuador. The plaintiffs claim that activists opposing the company there were threatened and assaulted.

You can read the statement of claim here (pdf), which requests damages against both Copper Mesa and the TSX. Earlier this year the TSX delisted the stock. The defendants are both requesting a dismissal motion.

The case is interesting given that Bill C-300 -An Act Respecting Corporate Accountability for the Activities of Mining, . . . [more]

Posted in: Substantive Law: Legislation

The Traveling Lawyer and Taking Your Firm Virtual: Presentations From ABA Techshow

I just came back from a very successful ABA Techshow and had the opportunity to present on virtual law firms and technology for the traveling lawyer. Cloud computing received a lot of coverage at the conference, with both supporters and detractors alike.

As a cloud computing supporter, I mentioned that even a couple of years ago, the idea of achieving full in-office productivity over the internet seemed difficult to imagine. The laptop, smartphone, cloud infrastructure, and internet access technologies simply weren’t capable or ubiquitous enough to match in-office facilities and resources. Now, the confluence of advances in these technology areas . . . [more]

Posted in: Practice of Law, Technology

Ontario Reports Announce They’re Going “Digital”

Well it may have been a quarter century or so since our friend the late Hugh Lawford put the ORs on what was then known as QL Systems, but an announcement from Lexis this morning (curiously absent from its website) reveals that:

After more than a century in print, the Ontario Reports is going digital.

Beginning in April, members will enjoy:

* Immediate access to the full content of the latest Ontario Reports

* The convenience of a digital report that looks identical to the printed version

* An innovative format that is easy to read, navigate and

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

Alberta Judge Comments on First E-Trial

At the end of the reasons for judgment in Alberta’s first electronic trial in 1159465 Alberta Ltd. v. Adwood Manufacturing Ltd.the Honourable Mr. Justice A.W. Germain of the Court of Queen’s Bench provided a schedule to the reasons for judgment in which he reflects on the process and some of the legal issues to have cropped up. It’s at page 61 of the PDF of the judgment. . . . [more]

Posted in: Substantive Law: Judicial Decisions

Ontario Court of Appeal on Mootness

The Ontario Court of Appeal recently released an interesting decision involving that funny-sounding concept, mootness. Indeed, the case involved a “stale” matter arising from a non-adversarial process where ultimately there was no actual lis between the parties. Not the sort of thing our legal system is accustomed to dealing with every day.

The factual framework in Mental Health Centre Penetanguishene v. Ontario, 2010 ONCA 197 was this: a person detained at the Mental Health Centre Penetanguishene (MHCP) as a person found not criminally responsible on account of mental disorder had a disposition hearing before the Ontario Review Board (which . . . [more]

Posted in: Substantive Law: Judicial Decisions

This Week’s Biotech Highlights

This week saw a series of new ideas in the world of biotech, ranging from regulatory irregularities to corporate suicide by securities. 

Health Canada kicked off the week with a novel thought: caffeine guidelines for 4-year-olds. To be fair, it was in the context of expanding the types of soft drinks that can have added caffeine; so I suppose that some 4-year-olds who have been guzzling 7-UP might have to moderate their intake (or at least watch the label). The guidelines for adults are (I hope) more relevant and are worth reviewing.

The FDA had a new idea too: . . . [more]

Posted in: Substantive Law

Justin Bieber’s Manager Charged for Not Tweeting

If you do not have a pre-teen or teenage girl in your household, you may be forgiven for not having heard about the Justin Bieber Twitter debacle.

Justin Bieber (for those who haven’t been paying attention to MuchMusic or TMZ) is the 16 year old teen pop sensation from Stratford, Ontario. He originally gained popularity at the age of 13 with videos he posted himself (with his mother’s help) on YouTube, garnering 10 million views. He was then signed by pop/R&B artist Usher, and has crossed over into new heights of mainstream stardom.

Last November a crowd . . . [more]

Posted in: Technology: Internet

U.S. Supreme Court Database

So far as I can tell, we’ve not talked about the (U.S.) Supreme Court Database on Slaw, even though it’s about twenty years old. The current version offers the researcher:

247 pieces of information for each case, roughly broken down into six categories: (1) identification variables (e.g., citations and docket numbers); (2) background variables (e.g., how the Court took jurisdiction, origin and source of the case, the reason the Court agreed to decide it); (3) chronological variables (e.g., the date of decision, term of Court, natural court); (4) substantive variables (e.g., legal provisions, issues, direction of decision); (5) outcome variables

. . . [more]
Posted in: Legal Information: Libraries & Research

3li_EnFr_Wordmark_W

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