Canada’s online legal magazine.

Tips Tuesday

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 research, writing, and practice.

Research & Writing

Received Law in Canada
Susannah Tredwell

Periodically the question arises: how does one determine which English acts are still in force in Canada? The short answer is that there is no comprehensive list of what English statutes are still in force in Canadian jurisdictions. ..

Technology

Back Up Your Text Messages to Gmail With SMS Backup+
Emma Durand-Wood

Some days, it feels like text messages are the . . . [more]

Posted in: Tips Tuesday

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. O’Faolain  2.Michael Spratt 3. Canadian Appeals Monitor 4.Canadian Combat Sports Law Blog 5. SOQUIJ | Le Blogue

O’Faolain
How Many Law Librarians Does It Take?

When we describe to decision makers what law librarians do, it hopefully involves metrics. The measurements can show activity but,

. . . [more]
Posted in: Monday’s Mix

The “Success” of Online Dispute Resolution in Europe

Readers expecting to glance at part 3 of our multi part Towards Cyberjustice retrospective will have to wait a few extra weeks since we felt it more timely to address recent reports coming out of the European Union following the two-year anniversary of the EU’s online dispute resolution (ODR) platform.

As a reminder, the platform was launched in 2016 as per Regulation (EU) no 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR). As . . . [more]

Posted in: Dispute Resolution

Podcasting Legal Entrepreneurship in Action

The education of the practice of law does not happen in classrooms, and some would argue that it shouldn’t. Collecting the anthology of experiences by practitioners is one of the immense potentials of the digital era that future generations of lawyers may yet benefit from.

Some enterprising students at Osgode Hall have launched a new podcast, focusing on legal entrepreneurship. The most recent episode of the Legal Entrepreneurs Podcast interviews me, where I provide some personal insights into sole practice.

The most rewarding aspect of sole practice is the potential for greater control, and if exerted properly, better work-life balance. . . . [more]

Posted in: Education & Training: CLE/PD

Summaries Sunday: SOQUIJ

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

TRAVAIL : Les clauses des conventions collectives applicables aux étudiants travaillant dans une aluminerie sont discriminatoires et contreviennent à l’article 19 de la Charte des droits et libertés de la personne puisqu’elles leur attribuent un taux de salaire moindre que celui accordé aux salariés occasionnels et réguliers, et ce, pour . . . [more]

Posted in: Summaries Sunday

Voluntary Associations: Courts, Mind Your Own Business. SCC: Okay.

*Update:* Since this post was written, the Supreme Court of Canada issued its decision in Law Society of British Columbia v. Trinity Western University, 2018 SCC 32. In short, the court upheld the law societies’ right to regulate accreditation of law schools, in the context of competing LGTBQ and religious rights.

Plus: We’re Not Done With Dunsmuir

During the playoffs, ice hockey is the delight of everyone, to paraphrase Brown J in Canada (Attorney General) v. Igloo Vikski Inc., [2016] 2 SCR 80. But who is the greatest hockey player of all time? The Hockey Writers weighed in . . . [more]

Posted in: Administrative Law

See No Evil? Could “Innovation Waivers” Help Break Roadblocks to Reforming Legal Service Delivery?

We need to be more creative and bold when it comes to legal service delivery. To use a well-worn, if ambiguous, phrase: we need to innovate! Among legal circles, this refrain has so thickly hung in the air for so long that it is almost baked into the wall-paper like its cousin refrain: there is an access to justice crisis!

The fact that we repeatedly hear about the need for legal service innovation and for improved access to justice does not, of course, mean that these are not important, pressing goals. To the contrary, there is compelling evidence to suggest . . . [more]

Posted in: Legal Ethics

Wednesday: What’s Hot on CanLII

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. Haaretz.com v. Goldhar, 2018 SCC 28

[1] This appeal has to do with the rules for the assumption and exercise of jurisdiction in the context of multijurisdictional defamation claims. While these types of claims are not new, the exponential increase in multijurisdictional publications over the Internet has led to growing concerns about libel tourism and the possible assumption of jurisdiction by . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Old School Thinking About Modern Technology

Tinker Toys have been around for over 100 years. I loved them as a kid. Maybe you did too.

Over the past few weeks I’ve encouraged audiences at a couple events to look at them as the fundamental building blocks of their professional aspirations and opportunities, as well as the ideal gateway to understanding the potential of innovative technologies. More than merely a collection of spools, connectors and dowels, Tinker Toys provide limitless ways of imagining how to take on challenges and get things done.

Look at this picture, and think of the tinker toys as the fundamental elements of . . . [more]

Posted in: Legal Technology

Tips Tuesday

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 research, writing, and practice.

Research & Writing

Number
Neil Guthrie

This is the grammatical term for the distinction between the singular and the plural. Unsurprisingly, a singular noun takes a singular verb (takes being an example of that), while plural nouns take plural verbs (that was another example, in case you missed it). ..

Technology

Need Free Photos? Try Unsplash
Emma Durand-Wood

Need an image for a poster, website, or social media post but . . . [more]

Posted in: Tips Tuesday

Arbitrator Anxiety: When an Award Is Challenged in Court

As an arbitrator, it is a nerve-wracking and somewhat fearful experience to have an award challenged in court. I’m glad to say it isn’t a common experience for me (knock on wood), but it happened recently.

I was relieved to read the judgement – skipping straight to the last page to see whether I had got things right or not. (Do judges do that, I wonder.) The court said I had – big sigh of relief – but it prompted me to think about what what courts expect from us as arbitrators. It was a reminder of some essential things . . . [more]

Posted in: Dispute Resolution

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Avoid a Claim 2. ABlawg.ca 3. The Stream 4. National Magazine 5. Condo Adviser

Avoid a Claim
Malpractice claims regarding wills double in a decade

While wills and estates may never rival litigation or real estate as a risky practice area for lawyers, LAWPRO has seen the

. . . [more]
Posted in: Monday’s Mix

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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