Canada’s online legal magazine.

It’s the Most Wonderful Time of the Year! It’s Rankings Season!

If you read a little bit of sarcasm in the title, you read it correctly. Law firm marketers across the country are scrutinizing recently released business law firm rankings, while growing increasingly anxious about looming submission deadlines in mid-December. It’s an intense time of year, one that makes many of us question the value of participating in various rankings processes.

But given that firms of all sizes are paying more attention to rankings than ever before, the perception of the value of rankings, particularly when aggregated across a firm, remains high. Many firms are developing specific strategies and devoting greater . . . [more]

Posted in: Legal Marketing

Internet of Things Security by Contract?

This article suggests that the Internet of Things could be made more secure if large buyers of interconnected devices put into their procurement specs some fairly simple rules, e.g. *some* security to start with, e.g. an adjustable password, and patchability to respond to known or discovered threats.

Does this sound right to you? Do your clients insist, or even care?

No doubt large-scale one-off procurement contracts deal with security – well, I hope they do – but what about procurements on more of a mass scale?

I heard of a study over three years ago that found a huge proportion . . . [more]

Posted in: Technology: Internet, ulc_ecomm_list

Corporate/commercial Malpractice Claims Fact Sheet

With such a large amount of claims prevention information available in LAWPRO Magazine articles and practicePRO resources, we had the idea to create simple fact sheets that CPD providers and others could use in developing their program material for specific areas of law. The latest in our series of “malpractice claims fact sheets” covers corporate/commercial law.

The fact sheets include quick claims facts, the main causes of claims against lawyers, hot topics in the particular areas of law, tips for avoiding claims and links to practicePRO resources. The sheets can also be used as program inserts in their own right. . . . [more]

Posted in: Reading: Recommended

Fear and Machine Learning: AI and Legal Practice

In late September leaders from legal, business and technology gathered in New Orleans at Clio Con, also know as the Clio Cloud Conference.* Andrew Arruda, ‎CEO and Co-Founder of ROSS Intelligence, delivered a talk called, “Artificial Intelligence and the Law: Science Fiction or Science Fact?

Arruda sets out to clarify some of the misconceptions that surround artificial intelligence and demonstrate how AI is currently being used. He provides examples of AI inside and outside of the legal environment and concludes that if it’s working elsewhere it can work for law too. He then talks . . . [more]

Posted in: Practice of Law: Future of Practice

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 seventy 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 Monitor  2. The Court 3. Eloïse Gratton  4. AvoidAClaim  5. Michael Geist

Canadian Appeals Monitor
Policyholders stay tuned: final word on the LEG 2/96 defective workmanship exclusion yet to come

As we reported here, the BC Court of Appeal in Acciona Infrastructure Canada Inc. v. Allianz Global . . . [more]

Posted in: Monday’s Mix

Make Lawyers Smarter, Not Dumber, or Worse, With AI

This might be one of the more important things you read. It’s purpose is to direct you to a submission to the Law Society of NSW Future of Law & Innovation in the Profession (FLIP) Commission of Inquiry. Robyn Bradey is a mental health consultant to the Law Society, NSW Legal Aid and other organisations. Her submission is among the many excellent videos to . This one should be compulsory viewing for every lawyer, and their management teams.

Robyn is testament to the benefits of a culture of diversity, and the foresight of those driving FLIP which also saw speakers . . . [more]

Posted in: Legal Technology

Modified Causation in Workers Compensation

Causation in law is a legal fiction. The philosophical underpinnings behind compensation in tort law require some finding of fault, in order to restore the party to their original position. The but-for test used to evaluate these claims is the compromise the law has developed to hold someone accountable for harm suffered by another party.

However, not all forms of compensation in law are administrated by tort law. Injuries suffered by workers as part of the workforce, in particular, have been carved out into a no-fault regime, specifically for the purpose of resolving these issues more efficiently, more effectively, and . . . [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.

RESPONSABILITÉ : L’ex-ministre Le Hir a été négligent lors de la rédaction d’un article dans lequel il associe le demandeur, un avocat et promoteur immobilier, à la mafia et au crime organisé, car il n’a effectué aucune démarche ni aucune vérification pour s’assurer de la véracité des sources sur lesquelles . . . [more]

Posted in: Summaries Sunday

Canadian Association of Muslim Women in Law Receives 2016 SABA Diversity Award

The Canadian Association of Muslim Women in Law (CAMWL) was founded in 2013 by Muslim women in the legal community who were brought together by their commitment to social justice. Since then, through its public education, direct advocacy, and law reform initiatives, CAMWL has endeavoured to help shape a legal profession that is responsive to our collective obligation to promote substantive justice and equality.

On November 14, 2016, CAMWL was honoured to receive the 2016 Diversity Award from the South Asian Bar Association. What follows are the remarks delivered that night by CAMWL co-founding member, Fathima Cader.

*****

SABA 2016 . . . [more]

Posted in: Justice Issues

The Path From Print to Web Has Just Become Much Shorter

If you have print assets that you want to publish on the web, until now you had two options. The first one: the scanned material is OCR-ed, the text is then extracted into an editable text format (Word or XML), formatting and structure are applied throughout, and then the document is converted to a web-friendly format, like HTML. This is an expensive process even if done offshore. The second option: you can simply publish an OCR-ed scanned PDF file and accept that it will be clumsily rendered, not interactive, somewhat searchable, and in the case of large documents, your browser . . . [more]

Posted in: Legal Publishing

Québec’s New Signage Laws Comes Into Force on November 24, 2016

Last May we wrote about upcoming amendments to the Charter of the French Language regarding signage in French and trademarks. The amendments received public consultations from May 4 to June 18, 2016. On November 9, 2016, final amendments to the Charter under Regulation respecting the language of commerce and business and the Regulation defining the scope of the expression “markedly predominant” for the purposes of Charter of the French language were published and registered in the Gazette officielle du Québec. . . . [more]

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

A Natural Experiment With Intellectual Property’s Original Intent Reaches a Milestone

In 2001, I and an undergraduate student at the University of British Columbia started an intellectual property experiment with the original intent of this area of law. I didn’t think of it that way at the time, but now that fifteen years have passed and the results of this imagined experiment could be said to be in, I want to set it out here in those terms (warning: unabashed hubris to follow). What we set in motion in 2001 and have worked on steadily since then is a piece of software. I sketched out workflow and wrote the words, while . . . [more]

Posted in: Legal Publishing

3li_EnFr_Wordmark_W

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