In February, we posted a discussion with respect to how workplace political expression could go awry with human rights law. The article also provided best practices on how human resources professionals and employers can appropriately address human rights complaints specifically on the basis of political belief, activity or association. However, a comment sparked further discussion on how workplace political expression could also contravene harassment provisions under occupational health and safety legislation. . . . [more]

Each Thursday 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.

The 2017 Solo and Small Firm Legal Technology Guide

© 2017 American Bar Association. All rights reserved. Slaw readers can receive a 10% discount on purchase of this book. Use the discount code LTG2017 at checkout; this offer is valid from 4/2017-7/2017.

John Simek, Vice-President of Sensei Enterprises, Inc.
Michael Maschke, . . . [more]

The Law Society of Upper Canada is undertaking (yet another) review of its licensing process. This is at least the fifth time that it has examined changes to the licensing process since 2000. However, in all of these reviews, the Law Society has never actually examined the actual working conditions of articling students. In this it is not alone. I am not aware of any Law Society in Canada that has done so. The Law Society of Upper Canada now has the opportunity as well as the responsibility to undertake such research.

There is both a policy imperative as . . . [more]

If a court or regulator allows e-filing but requires the filer to retain an original signed document, can that original itself be electronic?

A bankruptcy court in California recently issued sanctions against an attorney who filed electronic documents without retaining an “original” of the documents as required by the Rules – because the documents held by the attorney were signed using Docusign, and they did not qualify as originals for that purpose. Here is an article about the decision.

Here is the rule in the Court Manual:

Court Manual section 3.4(1)(4): Retention of Original Signatures. The registered CM/ECF User

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. Lanigan v. PEITF, 2017 PECA 3

[17] The Teachers’ Federation asserts that the judgment is the product of (i) fundamental errors of law regarding interpretation and application of the duty of fair representation, and (ii) a multiplicity of factual errors involving findings not based on the evidence and contrary to the evidence, which are palpable in nature and overriding in effect. . . . [more]

I’ve recently returned to knowledge management in a private firm, and had lost some touch with legal tech offerings. I dove back into the deep end of the pool, and have, over the last few months, watched many webinars and demos.

It may be some time before I subject myself to another one.

Vendors are Key Players in the Industry

I appreciate vendors tremendously. They – not the legal sector – are pushing the envelope on everything from core functionality to cloud computing to next-gen AI. Vendors are always willing to share thoughts and even data on the state of . . . [more]

Building an effective resume for proposals is hard but it doesn’t have to be. Resumes used for proposals and resumes used for job seekers may offer similar content but they are two very different documents. Understanding the difference and how to present “you” is key to delivering an effective proposal resume.

Often the marketing team is tasked to draft resumes for the lawyers that will be part of a proposal. The goal should be to balance the desire of the lawyer to include what they want while ensuring brand consistency that the firm requires. Resumes are personal and people have . . . [more]

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. Employment & Human Rights Law in Canada 2. Michael Geist 3. McElroy Law Blog 4. Welcome to the Food Court 5. Robeside Assistance

Employment & Human Rights Law in Canada
Contract Enforceability

Must the Employee Sign Off Prior to the Start Date? Aaron Burden When an employee . . . [more]

Fittingly, I first read it in a tweet, which linked out to a brief article online. “Your favourite legal news, delivered daily” was the headline — burying the lede with a corporate cheerfulness that seemed reluctant to actually acknowledge what was happening. Journalists are taught to tell the story in the first paragraph; here, though, you have to scroll down to the last paragraph to learn what was going on:

The Lawyers Weekly will continue to publish each week until March 31, 2017. After that date, the weekly publication will be replaced by daily access to the most relevant legal

Love it or hate it, we all have to do continuing professional development (CPD).

One lawyer hated it so much that he refused to do it at all. When the Law Society of Manitoba automatically suspended him, he took his challenge all the way to the Supreme Court of Canada.

As you might expect, the lawyer was unsuccessful on his appeal in Green v. Law Society of Manitoba, released this week. The law society was empowered under the Legal Profession Act to achieve its mandate of self-regulation and protecting the public interest. The power to create a CPD scheme . . . [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) : La technique utilisée par la Gendarmerie royale du Canada pour obtenir des aveux de l’accusé, inculpé à l’issue de l’enquête d’avoir tenté de quitter le Canada pour la Syrie en vue d’intégrer l’organisation terroriste État islamiste en vertu de l’article 83.18 (1) C.Cr., est une opération de . . . [more]