Canada’s online legal magazine.

Giving Back

Giving back is when we give and then nothing happens. No benefits for you, no recognition, nothing tangible gets sent your way. The biggest and sole reward is the realization that we have made a difference. However, there is very little in life do we do and “nothing” happens. Gaining skills, knowledge and expertise are common side effects and giving others your time may bring you interesting and challenging opportunities that might not come along otherwise.

Being a good corporate citizen has many different values and is assessed in many ways. One of the key assessments is to be recognized . . . [more]

Posted in: Legal Marketing

Elowitt and Wasserman on Lawyers as Managers

Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

LAWYERS AS MANAGERS: HOW TO BE A CHAMPION FOR YOUR FIRM AND EMPLOYEES

Andrew N Elowitt and Marcia Watson Wasserman

© 2017 American Bar Association. All rights reserved. Slaw readers can receive a 10% discount on purchase of this book. Use the discount code LAMS17 at checkout; this offer is valid until . . . [more]

Posted in: Thursday Thinkpiece

A Sign of the Times

A new Practice Direction from Manitoba’s Court of Queen’s Bench reflects increasing acceptance of the fact that litigants without lawyers are no longer an anomaly in civil litigation. The notice sets out that contested motions and applications involving at least one self-representing litigant must be set for a case management conference before a contested hearing takes place. This is already the norm for contested motions in the Family Division of the Court of Queen’s Bench, regardless whether there is a self-represented party, but is new in the Civil Division.

Other than the procedural change, two specific aspects of the . . . [more]

Posted in: Justice Issues, Practice of Law

Franchising the Law

Back in mid-August, the UK’s Legal Futures website took note that Edward Hands & Lewis, a Leicester-based law firm with 15 branches, was planning to launch a national network of franchised offices next year. I wish EHL every success with this undertaking, as I’ve wished good fortune to similar efforts over the past several years (and I continue to think that Canada’s Axess Law is closer than anyone to that goal).

But the fact that I first wrote about the franchised future of small law firms almost six years ago suggests that we need a lot more than good fortune . . . [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. R. v. Fearon, 2014 SCC 77

[1] The police have a common law power to search incident to a lawful arrest. Does this power permit the search of cell phones and similar devices found on the suspect? That is the main question raised by this appeal.

[2] Canadian courts have so far not provided a consistent answer. At least four approaches . . . [more]

Posted in: Wednesday: What's Hot on CanLII

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

CBA Toolkits and Practice Tools
Alan Kilpatrick

Did you know that the Canadian Bar Association (CBA) website provides a wealth of free practice resources? We encourage you to check it out! Here is a break down of the amazing resources provided by the CBA. …

Practice

New Lawyers and Articling Students: Support Staff Is a Great Resource
Ian Hu

As this fall marks another season of incoming

. . . [more]
Posted in: Tips Tuesday

“Legal Advice” vs. “Legal Information”: Clearing Up the Murky Water

The distinction between what constitutes “legal information” versus “legal advice” has always been a source of confusion and substantial anxiety for legal practitioners and service providers. Given the importance of the distinction and its implications vis-à-vis the authorized practice of law, it is shocking that the term “legal information” is nowhere defined in any of the relevant statutes or regulations governing the provision of legal services. Across the provinces, the governing regulation tends to focus on defining “legal advice,” “legal services,” or “practice of law” without providing an accompanying definition for “legal information” as a point of contrast. That being . . . [more]

Posted in: Justice Issues

The Blockbuster That Is Blockchain: What It Means to the Practice of Law

Several years ago, a Canadian attorney and good friend of ours, invested $10,000 in bitcoin. Clearly, he is a lot smarter than us. We can’t even imagine the extent of his profit – several days before we started to write this article, bitcoin hit an all-time high of $4,991.66 on September 2, 2017. It is down slightly as we write, but our friend certainly hit a jackpot.

We become aware of bitcoin wallets a few years ago, as husbands (mostly) began to hide assets from their soon-to-be ex-wives in those wallets. And then came a barrage of ransomware attacks. Law . . . [more]

Posted in: Legal 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. Canadian Appeals Monito 2. Robeside Assistance 3. Official Clio Blog 4. Environmental Law and Litigation 5. Global Workplace Insider

Canadian Appeals Monito
BCCA Rules Civil Jury Fees Are Constitutional

On September 15, 2017, the B.C. Court of Appeal rejected a challenge by the Trial Lawyers Association of

. . . [more]
Posted in: Monday’s Mix

The Struggle Is Real

We’ve made great advances in recent years in Canada in examining mental health in the legal profession, and prior, in law school.

In large part this can be attributed to Orlando da Silva, former President of the Ontario Bar Association, who used his term as the head of the largest legal organization in Ontario to bring attention to his own personal plights. Da Silva was awarded the Law Society Medal last year for these contributions.

Similar conversations are occurring south of the border as well. One of the most prominent ones is a new series on Above the Law called . . . [more]

Posted in: Education & Training: Law Schools, Practice of Law

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) : La jurisprudence canadienne reconnaît que la présomption de conformité des actes de l’Administration peut trouver application dans le contexte d’un procès portant sur une infraction de type statutaire ou réglementaire en matière de sécurité routière.

Intitulé : Directrice des poursuites criminelles et pénales c. Watters, 2017 QCCA . . . [more]

Posted in: Summaries Sunday

Summaries Sunday: OnPoint Legal Research

One Sunday each month OnPoint Legal Research provides Slaw with an extended summary of, and counsel’s commentary on, an important case from the British Columbia, Alberta, or Ontario court of appeal.

Victory Motors (Abbotsford) Ltd. v. Assessor of Area No. 15 – Fraser Valley, 2017 BCCA 295

AREAS OF LAW:   Property assessment; Contamination; Value to owner; Market value

~ In assessing the value of a property, when there is no commercial market for it but it has value to its owner, that owner can serve as a proxy for a competitive market. ~

BACKGROUND:

The Respondent, Victory Motors (Abbotsford) Ltd., . . . [more]

Posted in: Summaries Sunday

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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