Everyone likes an anniversary. It offers a moment of reflection and perhaps a piece of cake. It calls for looking back, if only, in this case, to that afternoon in high school history class in which you were presented with the Protestant Reformation. This is the five hundredth anniversary of Martin Luther, “Master of Arts and Sacred Theology, and ordinary lecturer therein at Wittenberg,” letting the world know that he intended to defend what has become known as The 95 Theses (actually entitled Disputation on the Power of Indulgences): “52. It is vain to trust in salvation by indulgence . . . [more]

A U.S. colleague with a technology practice was recently asked to take payment for her legal services in Bitcoin. She is not sure she has the right to do so.

What about in Canada? Would any law society here allow such payment? Do payments have to be more subject to regulation via known financial institutions? Certainly the rules about trust accounts demand traditional accounting. Why would a general payment with a digital currency be a problem, though? . . . [more]

“There was no difference between men, in intelligence or race, so profound as the difference between the sick and the well.” – The Great Gatsby 

We often talk about how the law discriminates against people with disabilities. But not much attention is given to how the structure of practicing law discriminates against people with disabilities. Technology has eased some of the burden. But we have a long way to go.

The way we practice law is in itself discriminatory against people with disabilities. For example, litigation requires lawyers to read lots of material, write lots of material, listen to lots . . . [more]

As I write this, Dogwoods and Azaleas are the leads here in the spectacular show of spring flowers. Our Congress is back from its Easter vacation, but had a very busy season before leaving. And citizens are taking increasing notice of what’s going on in the Capitol. The In Custodia Legis blog from the Library of Congress reported an exponential increase in traffic on Congress.gov. On January 22, 2017 they set a new record of over 1.2 million site visits. The blogpost reveals more details about how and what users have been accessing. For example 52% of current usage . . . [more]

Last June, a judge of the Saskatoon Court of the Queen’s Bench handed out a suspended sentence to Seamus John Neary after he was convicted of possession for the purpose of trafficking and trafficking over 20 pounds of cannabis.

What made the decision especially notable was the fact that the judge cited the imminent legalization of cannabis as a basis to deviate from what would otherwise be a sentence of 15 – 18 months in custody. The judge noted that in the circumstances there was “an interregnum, a time that exists between two governing regimes” and stated

[Neary] has conducted

Not long ago, the US Supreme Court opined in Riley v. California:

Modern cell phones are not just another technological convenience. With all they contain and all they may reveal, they hold for many Americans the privacies of life.

Riley involved evidence of serious criminal activity (gang shootings, drugs, firearms, etc.).

Notwithstanding this, SCOTUS decried warrantless cell phone searches and laid the groundwork for its conclusion that, in laypersons’ terms, snooping through someone’s cell phone is not just rude… it has become an extraordinarily intrusive act. The Court underscores that these devices contain a “digital record of nearly every . . . [more]

This article is by Ian Hu, claims prevention & practicePRO counsel at LAWPRO.

Young lawyers often talk about the stress and burden of debt. If there is one piece of advice worth giving, it is a simple one: spend less than you earn.

As a new lawyer, I was excited when I received my first paycheque. I forget what I spent it on, but I remember it disappeared as soon as I received it. Soon I was living paycheque to paycheque. How could it be possible to live hand to mouth on Bay Street?

Turns out, it was easy. Perry . . . [more]

Is continuing professional development a waste of time? Or, more specifically, have law societies made a mistake by using mandatory professional development as a mechanism for ensuring lawyer competence?

The Supreme Court of Canada recently upheld the Law Society of Manitoba’s mandatory CPD requirement in Green v Law Society of Manitoba 2017 SCC 20. I blogged about the case at ABlawg.ca, where I suggested that the Court’s decision was obviously correct. My analysis on that point was, though, premised on principles of administrative law – my claim was that the Court was correct to hold that the Law . . . [more]

Ontario is the most diverse province in Canada, and one of the most diverse regions in the world. The forms of diversity found in Ontario include different cultures, languages, ethnicities, and beliefs.

These diverse population groups also trend across age demographics, including the elderly, where there are often special care needs that are distinct from the rest of the population. The prominence of end-of-life care among the elderly also means that the conjunction of diversity and demographics raises some interesting issues in the provision of health care.

We recently concluded a study through the Law Commission of Ontario as part . . . [more]

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) : Même si le délai excède le plafond présumé de 30 mois établi dans 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, il y a lieu d’appliquer la mesure transitoire exceptionnelle et de refuser de prononcer un arrêt . . . [more]