[see the full text on the SSRN (updated in March, 2020)]

The comment of the Treasurer of the Law Society of Ontario (Malcolm Mercer, its CEO) responding to my first article having the above same title, published in Slaw, on July 25, 2019, contains the following objections:

1. That I am wrong to say that law societies should be defending lawyers’ markets. He states:

Rather, the principal role of the Law Society under the Law Society Act (Ontario) is to (i) determine what legal services should appropriately only be delivered by licensees and the appropriate scope of practice

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Incomprehensible!: A Study of How the Legal System Encourages Incomprehensibility, Why It Matters, and What Can Be Done about It. By Wendy Wagner & Will Walker. New York: Cambridge University Press, 2019. xviii, 342 p. Includes bibliography and index. ISBN13 978-1107400887 (paperback) $39.95; ISBN13 978-1107008472 (hardcover) $102.95.

Reviewed by David . . . [more]

I’ve been a fan of paperless and virtual documents and signatures for a long time. Despite the advantages, many steadfastly stick to paper. Many are moving online, but are only part way there.

The transition to paperless and electronic signatures is not always easy, and there are roadblocks that can get in the way. Too often there are one or more steps in a process that require paper or a wet signature that bring things to a halt.

For example, in Ontario we can get articles to create new corporations online, but to amend or amalgamate, we need 2 original . . . [more]

The fresh spring air gives everyone a little jump in their step which makes it a great time to update your routine. Use this time to consider ways to your improve business relationships.

Business relationships are just like any relationship, they require a level of effort to maintain and grow. And just like other relationships, the best are mutually beneficial where both sides are willing to give and support each other. Here are few practices that will help you strengthen your relationships.

1. Make getting in contact part of your routine

Many people preach the idea of seven touches per year . . . [more]

Governments in Canada have yet to officially use phone data to track and trace people who may be infected with COVID-19. However, there has been discussion around using a system in Canada similar to Singapore.

In Singapore, the app being used to track and trace people who may have contracted COVID-19 is “TraceTogether”. TraceTogether uses bluetooth technology to track nearby phones. People can then opt-in to have their information provided to the Ministry of Health if they test positive for COVID-19. Once the Ministry has the information, it alerts people who came across the infected person.

In Canada, a . . . [more]

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about.

For this last week:

1. Lifechoice Ltd. v Adams, 2019 CanLII 28274 (AB ESU)

[28] Like most commissioned salespeople, the Respondent’s income was dependent in whole or in part on her sales success. The fact an individual is paid commission does not remove him or her from the definition of “employee” under the Code. There must be some indicia of entrepreneurial activity on the part . . . [more]

The Ontario government has been making orders under the Emergency Management and Civil Protection Act (EMCPA) to address the coronavirus epidemic. It has quickly advised of the orders through press releases on the Ontario government news website. The orders take the form of regulations (and orders in council and sometimes only orders in council). However, it has not always been as quick — or quick enough — to post the regulation itself under the EMCPA. This is a problem. . . . [more]

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on practice, research, writing and technology.

Technology

Free Access to Easy-to-Use Compliance App
Lesha Van Der Bij

To say COVID-19 has sped up the pace of legal change is an understatement. Usually it takes months (or even years!) to make changes to Canadian laws, but now we are seeing significant amendments announced and in force on the same day. With many businesses worrying about day-to-day survival, there is little or no time to stay on . . . [more]

IT WAS INEVITABLE: as the courts shut down and the work-from-home edict spread, I was reminded of Luddite lawyers sitting in their offices. It would be a gargantuan undertaking to take files to and fro between home and office, and impossible to convert to a paperless office in the blink of an eye. Not surprisingly discoveries and mediations were cancelled, revealing those behind the curve. What we have preached as best practice for decades is now the only practice: paperless remote work is the one game in town.

Speaking of behind the curve, the conservative-to-a-fault Law Society of Ontario relaxed . . . [more]

Friday, April 3, 2020 – Effective March 19, 2020, the B.C. Supreme Court suspended regular operations of the Supreme Court of British Columbia until further notice. While the courthouses are closed, applications may be made to the Court only for essential and urgent matters. The move is part of the Court’s efforts to protect the health and safety of court users and to help contain the spread of COVID-19.

The procedural approach of the Courts to the present crisis may be expected to continue to evolve. Those wishing to have matters brought before the Court will need to check frequently . . . [more]

Love it or hate it, everyone is on Zoom these days, including lawyers.

The company notes that daily use went up from 10 million users a day in December 2019, to over 200 million daily users in March 2020. On March 23, 2020 alone, the app was downloaded 2.13 million times globally.

Social distancing during COVID-19 has in no insignificant way pushed the use of this platform to new levels, with share prices going from $70 in January to $150 by the the end of March 2020. Yet, the platform was never designed with this type of use in mind. . . . [more]