Canada’s online legal magazine.

Beyond the Bitcoin Crash: Ontario Law Lays a Foundation for Enforceable Smart Contracts

The not-so-smart money has pushed the price of a Bitcoin well above US$6,000. The crash is inevitable. The first-mover “cryptocurrency” is based on an inefficient proof of work model designed for anonymous transactions on a public network. The next generation of blockhain developers, like those working on the Ethereum platform, are less interested in the ideology of anonymous transactions than the practicality of efficient business applications. Corporate adopters like the Enterprise Ethereum Alliance have already noted the pace of migration from anonymous public blockchain networks to a combination of public and permissioned private networks. Since “altcoin” currencies are not . . . [more]

Posted in: Practice of Law: Future of Practice, Technology

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. Eloise Gratton 2. IIFLS at Osgoode 3. Official Clio Blog 4. Legal Post Blog 5. Meurrens on Immigration

Eloise Gratton
CASL Enforcement Decision — Interpretive Guidance for Compliance and Penalties

On October 19, 2017, the Canadian Radio-television and Telecommunications Commission issued Compliance and Enforcement Decision CRTC 2017-368

. . . [more]
Posted in: Monday’s Mix

Should Police Use Your Face to ID Smartphone Evidence?

The new iPhoneX is hot. So hot that in Hong Kong, where I’m currently located, they are selling them out of suitcases on the sidewalk for approximately CDN$2,000 and up (depending on the size).

One of the phone’s hottest features is that it allows for it to be unlocked, simply by looking at it. Here’s what Apple has to say about Face ID:

 

Much of our digital lives are stored on iPhone and it’s important to protect that information. In the same way that Touch ID revolutionized authentication using a fingerprint, Face ID revolutionizes authentication using facial recognition.

. . . [more]
Posted in: Justice Issues, Technology

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.

PÉNAL (DROIT) : À la lumière de R. c. Jordan (C.S. Can., 2016-07-08), 2016 CSC 27, SOQUIJ AZ-51302609, 2016EXP-2173, J.E. 2016-1212, [2016] 1 R.C.S. 631, un arrêt des procédures est ordonné dans une affaire où les accusés ont été déclarés coupables d’avoir contrevenu à la Loi sur la production de . . . [more]

Posted in: Summaries Sunday

Summaries Sunday: Supreme Advocacy

On one Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all appeals as well as leaves to appeal granted so you will know what the SCC will soon be dealing with (October 14 to November 23, 2017 inclusive).

Appeals

Aboriginal Law: Freedom of Religion
Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations), 2017 SCC 54 (36664)

The claim here (approval of a ski . . . [more]

Posted in: Summaries Sunday

Can Computer Programs Produce Legal Arguments?

“Today, we look for information. In the future, information will look for us,” says Dr. Ya-Qin Zhang, Ph.D. and president of Baidu, one of China’s largest Internet companies and a leader in global artificial intelligence (AI).

AI systems have generated much speculation and it has many lawyers, including myself, wondering if lawyers could be replaced by robots. Personally, I thought the headlines that say lawyers would be replaced by computers was a bit exaggerated. Take persuasion and negotiation, or formulating legal arguments in court, or assessing the credibitility of a witness for example. I find it hard to believe that . . . [more]

Posted in: Legal Technology

Ontario Bill 148 Updating Employment and Labour Legislation Passed

Blog post updated on November 23, 2017 after publication

On November 22, 2017, an amended version of Bill 148, Fair Workplaces, Better Jobs Act, 2017 received third reading and passed. It is now waiting for royal assent to become law. Once it receives assent, the Bill will become law and amend significantly the Employment Standards Act, 2000 (“ESA”) and the Labour Relations Act, 1995 (“LRA”). . . . [more]

Posted in: Miscellaneous, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

CBA Wellness Hosts 14th Annual Wellness Workshop

CBA Wellness hosted its 14th annual Wellness workshop this past weekend in Winnipeg. The workshop is designed to provide training and resources to lawyer assistance program representatives from across the country. This year, the CBA Wellness Board of Directors decided to expand the scope of the workshop and include an outreach session for local lawyers as part of its ongoing effort to engage the legal community in wellness issues. The outreach session was titled Addictions, Recovery, Reckonings and featured Michael Bryant, an Ontario lawyer and former Attorney General for Ontario. Michael’s story is compelling; he detailed his personal struggle . . . [more]

Posted in: Practice of Law

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. CBRE Limited v 1223962 Alberta Ltd, 2017 ABPC 114

[10] The issue at trial related to the timing of the “triggering event” in which the commission would be payable. The plaintiff argued that the triggering event for the commission to be payable was either when the conditions were waived (August 4, 2014) or when the sale closed (August 28, 2014). Either . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Protection From Age Discrimination in Alberta

Last week the Alberta Human Rights Amendment Act, 2017 passed 3rd reading. On Royal Assent it will change the law so that as of January 1, 2018, age is a protected ground of discrimination relating to goods, services, accommodation or facilities and tenancy. Exceptions remain and I encourage you to read the Alberta Human Rights Commission bulletin for interesting details and a summary of the amendments.

CBC covered the story that led to the amendments – a Queen’s Bench application by the Elder Advocates of Alberta Society that was granted by Belzil, J. on January 6, 2017.

It is interesting . . . [more]

Posted in: Substantive Law: Legislation

The Millennial Influence

The access to justice discourse is increasingly focused on modernization. This involves drawing on technology as well as new methods to guide the development of justice system improvements. The user experience (UX) figures prominently in modernization efforts. It underscores what Usability.gov – the leading authority on UX best practices for both the public and private sector – describes as, “a deep understanding of users, what they need, what they value, their abilities, and also their limitations.”

As a generation, Millennials are squarely at the modernization and user-experience intersection. Their comfort with change and technology is disrupting industries by reshaping work . . . [more]

Posted in: Justice Issues

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.

Practice

Articling Students and Young Lawyers: Get a Mentor
Ian Hu

I was not hired back after articling. After months of searching (soul and otherwise) I was ultimately offered two jobs at the same time. One was located in a trendy area in Toronto for the “young and eligible”. The other was in a small city outside of Toronto, as foreign to me as another country. I had no idea

. . . [more]
Posted in: Tips Tuesday

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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