Canada’s online legal magazine.

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. Jane Doe 464533 v N.D., 2017 ONSC 127

[44] I am not persuaded that the motion judge erred in his consideration of the evidence of N.D. that he would not file a defence and the plaintiff could do what she needed to do. In his discretion, the motion judge identified other factors that mitigated that statement. Although he did not make . . . [more]

Posted in: Wednesday: What's Hot on CanLII

How to Print Without Shame

The paperless-office religion probably makes you uncomfortable. The preacher says kill the paper, printing is a sin. Don’t fret. Here is why you should not be ashamed to print.

I write this for lawyers, and I am not talking about mandatory printing. Courts are more likely to go extinct when blockchains end commercial disputes and self-driving cars eliminate motor vehicle accidents than to go completely electronic. (But courts hearing criminal and constitutional cases will be with us forever it seems.)

I am also not criticizing paperless. I am a huge fan. I am sure you know why paperless is . . . [more]

Posted in: Practice of Law, 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

4 Questions to Ask About Any Database (Part 2)
Ken Fox – Law Society of Saskatchewan Library

What constitutes a RECORD? What are the individual things the database consists of? Some case law databases, like Saskatchewan Cases or the Canadian Abridgment, consist of summaries or digests. Others, like CanLII, consist of primary law – judgments and legislation. In others, such as the case law components of Quicklaw . . . [more]

Posted in: Tips Tuesday

Good to Great: Taking Your Law Blog to the Next Level

As a public service, I solemnly swear to write this post without using the word influencer.

Not sure if the backstory helps, but here it is…. I was recently asked if I had any ‘general advice’ or tips on how to get a new blog moving in the right direction. “To the next level.” It was an interesting question, perhaps partly because of the individual from which the question came. The blogger asking had been writing for more than a year now, and at least by my account, was doing exceptionally well on her own.

After getting through . . . [more]

Posted in: Legal Marketing

Selling Unbundled Family Law Services? Know Your Market. Know Your Product.

Unbundled legal services, limited scope retainers, law à la carte, discrete task representation—whatever you want to call it—is fraught with confusion and myths about its risks. Read JP Boyd’s lucid primer post on Slaw from last year if you’re new to the subject.

At Courthouse Libraries BC, we recently teamed up with Kari Boyle to host a Family Law Unbundling Toolkit. An earlier initiative, the Family Unbundled Legal Services Project hosted by MediateBC, was specific to mediation. But that project identified the value of unbundling more family law services. The Toolkit, hosted on our website for the benefit of . . . [more]

Posted in: Justice Issues, Practice of Law, Practice of Law: Marketing

Psychological Tips to Win Over Your Clients, Juries, and Judges

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

Effectively persuading a potential new client, a jury, or an interviewer – and being able to do it time and again – requires a solid understanding of how people make decisions. Persuasion traditionally relies on three techniques, namely: to speak the truth (logos), be credible (ethos), and move your audience emotionally (pathos). Unconscious (cognitive) biases can interfere with or bolster these techniques. With the right tools, your clients will be more likely to listen to you, take your recommendations, and refer you to more clients. This in . . . [more]

Posted in: Practice of Law

New AI and Law eJournal on Legal Scholarship Network

There’s a new “Sponsored Subject Matter eJournal” available on the Legal Scholarship Network (LSN) called “Artificial Intelligence: Law, Policy, & Ethics.” It’s sponsored by the Vanderbilt University Law School, Program on Law & Innovation.

It’s free and you can subscribe to the current awareness alerts once you’ve set up your also free Social Science Research Network (SSRN) User HQ membership. . . . [more]

Posted in: Legal Information

‘Justice Doit Être Ouvert Vers La Société’

This was the core message in the opening address of minister Mamadou Konaté to the first conference of public prosecutors of Mali held under the theme ‘the public ministry for public action’ early November. ‘You are’, he said to the prosecutors, ‘a key advocate of the public interest and an advance post into society for justice.’ Minister Konaté wants this conference to take place every year – a gathering at which to reflect on standing up for the public interest and better serving the citizens of Mali.

He is an impressive and hugely driven figure: a lawyer with more than . . . [more]

Posted in: Practice of Law

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. Robeside Assistance  2. IFLS Osgoode 3. Combat Sports Law  4. University of Alberta Faculty of Law Blog  5. Clio Blog

Robeside Assistance
Upcoming Research Training

We’re busy planning our training for this year, and are happy to announce the following upcoming sessions are now open for registration! . . . [more]

Posted in: Monday’s Mix

Orthodox Jews in Civil Legal Disputes in Canada

Orthodox Jews are no strangers to court in Canada. We have them to thank for the seminal s. 2(a) case in Syndicat Northcrest v. Amselem and the infamous “ghet” case in Bruker v. Marcovitz (where arguably only one party was observant).

Civil disputes between Orthodox Jews are less prevalent though, in part given a perceived belief by some that it is prohibited. Consider Maimonides’ (Rambam) statement in Hilchos Sanhedrin 26:7 in the 12th c. CE,

Whoever has his case judged by non-Jewish laws or courts, even if their laws are the same [as the Torah]… It is as if he

. . . [more]
Posted in: Substantive Law: Judicial Decisions

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 tenue d’un nouveau procès est ordonnée dans le cas de l’accusé, reconnu coupable de menaces de causer la mort ou des lésions corporelles aux journalistes syriens pro-el-Assad et d’avoir conseillé à autrui de commettre un meurtre — qui n’a pas été commis — en raison d’un . . . [more]

Posted in: Summaries Sunday

New Minister, Same Focus?

Outgoing Minister John McCallum received a standing ovation at the CBA conference for immigration lawyers in 2016. It was evident from his keynote address and from fielding questions, that he understood key issues and he had a plan for fixing some of the problems. His leadership at the department has been brief but they have managed to accomplish significant milestones. As of 10 Jan 2017, we have a new Minister, the Honourable Ahmed D. Hussen. The questions become: will this disruption in the department cause further delays to the proposed changes? And, will Minister Hussen change the focus of . . . [more]

Posted in: Justice Issues, Legal Information

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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