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.

Lean Out—How to Dismantle the Corporate Barriers that Hold Women Back

Maureen Fitzgerald
© 2016 CenterPoint Media. Reprinted with permission.

Maureen F. Fitzgerald, PhD is a gender diversity advisor and author of 11 books. She practised labor and policy law for 20 years and taught at two universities. She has a BComm, JD, . . . [more]

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. Anthony‑Cook, 2016 SCC 43

[1] Resolution discussions between Crown and defence counsel are not only commonplace in the criminal justice system, they are essential. Properly conducted, they permit the system to function smoothly and efficiently.

[2] Joint submissions on sentence — that is, when Crown and defence counsel agree to recommend a particular sentence to the judge, in exchange . . . [more]

When does one pop song infringe the copyright of another pop song? US case law on the topic – which more or less mirrors Canadian law – shows the unpredictability of how music copyright infringement determinations are made. In two recent high profile US cases, one jury found for the plaintiff where the two songs had almost nothing in common (Gotta Give it Up and Blurred Lines) whereas in the other case, the jury found for the defendant even though there was significant borrowing from the plaintiff’s composition (Taurus and Stairway to Heaven).

There are many . . . [more]

‘”The Opposite” is the 86th episode of the NBC sitcom Seinfeld,’ according to Wikipedia. It is also one of my favourite episodes because it teaches an important life lesson. Here is a clip to refresh your memory:

Today, a Canadian company backed up by tech interests and talent announced acquisition of an important Canadian legal publisher Maritime Law Book (“maritime” here does not mean admiralty law; instead, it refers to the Maritimes—the Canadian provinces of New Brunswick, Nova Scotia, and Prince Edward Island—presumably because that’s where the publisher originated).

Law tech startups, attention. Your exit strategy probably involves acquisition . . . [more]

Maritime Law Book has a new owner. Slaw contributors Eric Appleby and Colin Lachance have issued a joint announcement (PDF).

“Under the new ownership of 9766758 Canada Inc., and continuing to operate proudly as “Maritime Law Book”, MLB is set to once again lead a new revolution in case law access and legal research.“

More analysis from Slaw’s publishing columnists is sure to follow in the days ahead. . . . [more]

A recent Ontario Divisional Court decision has sought to clarify conflicting decisions and provide guidance as to the obligations of tenants when their landlords terminate their lease early.

In the case at issue the landlord received a number of noise complaints from neighbours about the tenant in question.

The landlord served a Notice to Terminate a Tenancy Early (Form N5) on the tenant. The Notice followed the standard N5 format and provided:

(a) that the tenant must move out before January 31, 2015;

(b) that the tenant had substantially interfered with the reasonable enjoyment of the residential complex by the . . . [more]

Lemonish Lawyers? [1]

The problem of access to justice is likely the result of a number of causes. Unnecessary complexity in substantive and procedural law is likely part of the problem. Our adversarial court-based administration of justice is problematic both where powerful actors have disputes with ordinary people and where family disputes require resolution. Ease of access to information through the internet may be both part of the solution and part of the problem.

Market regulation and access to justice

Our approach to legal services regulation plays a role as well. Limiting who can provide legal services restricts how . . . [more]

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.

Technology

De-Clutter Your Gmail Inbox With This Trick
Law Society of Saskatchewan Library

If you have signed up for online accounts, newsletters, or even just to download a white paper that you want to read, you will know that a valid email address is usually required. As you are filling in the online sign-up form, a little voice inside your head may be telling you that you will be getting . . . [more]

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

Adverse cost protection is a relatively new insurance or quasi-insurance product which can help lessen the financial blow of a lost case for both the client and lawyer. It may also be called adverse cost insurance, legal expense insurance, or after the event (ATE) insurance. While there is no standard contract or policy, the adverse cost provider will generally pay some amount of costs, fees, and/or disbursements should the client’s case lose. The premium or cost of the contract may be paid as a percentage of the . . . [more]

The Law Society debate, set for December 2, 2016, is the most significant acknowledgment of the obligation to address issues of systemic racism within the Ontario legal profession to date. It is a call to action. The Law Society’s commitment is anchored in its 1997 Bicentennial Report and the Report of the Bicentennial Working Group. Much has changed since the Law Society’s largely unimplemented response of 1999 to the Canadian Bar Association Recommendations flowing from the Report on Racial Equality and my own complementary Virtual Justice Systemic Racism in the Canadian Legal Profession Report. In the intervening two . . . [more]

Nice interview on the Talking Radical Radio podcast with staff lawyers Dyna Tuytel and Barry Robinson from the Calgary office of Ecojustice. I’ve briefly touched on the great work of Ecojustice in the past but for those who may not be familiar with this organization they describe their work as follows:

“Ecojustice goes to court and uses the power of the law to defend nature, slow climate change, and stand up for the health of our communities.

We pursue innovative cases that have the potential to set precedents nation-wide and deliver solutions to our most urgent environmental problems.”

Podcast . . . [more]

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. National Self-Represented Litigants Project Blog  2. Double Aspect 3. LSUC Treasurer’s Blog  4. SOQUIJ  5. Clio Blog

National Self-Represented Litigants Project Blog
A Legal Education in the Public Interest? The Legal Practice Program and Access to Justice

The Law Society of Upper Canada’s Professional Development and Competence Committee has . . . [more]