Your personal information has already been compromised. Your business may already be infected.

There have been so many breaches of user ID’s over the years that it is almost certain there is a login/password combination for almost everyone somewhere on the dark web.

One of the striking revelations of many breaches is how long the bad actor has been lurking in a system before being discovered – sometimes months.

Almost everything we do is digital, and most of it is in the cloud. It can be catastrophic if it fails or is compromised.

Cybersecurity is becoming increasingly important for businesses . . . [more]

Les salles de classe des facultés de droit sont remplies d’étudiantes. À l’Université Laval, elles forment près de 70 % de la nouvelle cohorte admise au baccalauréat en droit à l’automne 2018. Au Québec, plus de 65 % des diplômés de l’École du Barreau sont des femmes.

Pourtant, les statistiques montrent que les avocates abandonnent la profession beaucoup plus tôt que leurs confrères (en moyenne 49 ans comparativement à 61 ans chez les hommes, selon les statistiques du Barreau du Québec). Les femmes sont très nombreuses à quitter la pratique du droit au cours des 10 premières années, cette période . . . [more]

Law school classrooms are filled with female students. At Université Laval, in fall 2018, female students made up nearly 70% of the new cohort admitted to the Bachelor of Laws program. In Quebec, more than 65% of graduates from the École du Barreau (Bar School) are women.

Yet, statistics show that women lawyers leave the profession much earlier than their male colleagues (at age 49 vs. 61, on average, according to Quebec Bar statistics). Many women leave the practice of law during the first 10 years, a period considered crucial for career advancement. Inevitably, they are less likely to become . . . [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. St. Marthe v. O’Connor, 2019 ONSC 4279

[24] The defendant described the case as a “straightforward personal injury matter”. On the face of it, that is true; there was nothing exceptional in respect of liability or damages. But that tells only half the story. This was hard-fought litigation on both sides and that almost invariably results in the expenditure of time . . . [more]

Recently Alan Freeman wrote about the use of artificial intelligence in third party funding of litigation, in his article “Intelligent Funding: Could AI Drive the Future of Litigation Finance”. Litigation funding, also known as third party funding, provides financing to plaintiffs and law firms to enable them to pursue their claims in return for a piece of the recovery.

For a court to approve a third party funding agreement, the party must show that (a) the agreement is necessary to provide access to justice, (b) that access to justice is facilitated by the third party funding agreement in . . . [more]

The role of a society’s recognized and legal “leader” is a complicated one. It is affected by and affects the society’s political culture. It can be unifying or divisive. It can seek to move the society forward or to take it back to an earlier time. It can reflect the individual’s ignorance or knowledge of the political unit’s norms, conventions and laws. However, one of the most important aspects of leadership is that the individual understands the law (with help from advisors) and respects the legal system, even though they may disagree with particular laws. A so-called “leader” who shows . . . [more]

“Survival mode is supposed to be a phase that helps save your life. It’s not meant to be how you live”.
Michele Rosenthal, Author and Trauma Therapist.

Whether I’m coaching individual lawyers or assisting a firm with a strategic plan, inevitably the concept of stress management will arise. It could be at the heart of an under-performing lawyer; it could be blocking teams from executing on their practice group or client team plans; or it could be holding back the implementation of a new firm program. Sometimes stress is the obvious culprit; sometimes it’s under the surface and takes a . . . [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

A Tool to Improve Your Writing
Lesha Van Der Bij

I recently read about a great tool that helps you to simplify your writing. The Hemingway App highlights: sentences that are difficult to read – yellow sentences are hard to read, while red are “egregious”; use of the passive voice; …

Research & Writing

Heads up!
Neil Guthrie

The origins of this phrase are a little obscure, but . . . [more]

Lately we discussed on this blog U.S. legislation appearing to validate contracts or signatures done by blockchain, by saying that ‘electronic record’ and ‘electronic signature’ under the states’ e-transactions legislation included blockchain. There was considerable thought that this was not necessary, that the conclusion was obvious (or badly wrong, if there could be a non-electronic blockchain).

Apparently this kind of legislation has been around for a long time. Here is a note (h/t Ian Kyer) about Pennsylvania legislation in the 1890s saying that typewriting was writing for all legal purposes. Could this have been previously in doubt, given that printed . . . [more]

Fifteen years after the Assisted Human Reproduction Act was introduced, Health Canada has finally released the long-awaited regulations under the Act regarding the reimbursement of surrogates and donors. The new regulations come into force on June 9, 2020. They will have a significant impact on individuals who use assisted reproductive technologies and the fertility lawyers who advise them.

The Federal Government’s intention behind the new regulations is to further protect the health and safety of Canadians who use or are born through the use of assisted reproductive technologies like invitro fertilization and surrogacy. The Minister of Health has expressed that . . . [more]

Despite the best efforts of our dedicated and tireless Family Court judges, they are becoming overwhelmed. There are many reasons for this phenomenon I am sure including the fact that governments across Canada spend roughly only 1% of their annual budgets on the justice system[1]. One of them is what has been termed the rise of the “self represented” litigant. Self represented litigants are not necessarily a problem despite what you might hear in the media and read in studies[2] undertaken to try understand the reasons behind their “rise” and to offer to solutions to deal with . . . [more]