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. Ontario (Disability Support Program) v. Tranchemontagne, 2010 ONCA 593

[2] For both men, the impact of their alcoholism was so severe that they satisfied the criteria in s. 4 of the ODSPA for being disabled. However, the Director of the Ontario Disability Support Program (“ODSP”) denied the respondents’ applications for disability benefits based on s. 5(2) of the ODSPA. That section . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Security Fatigue and Its Impact on Law Firm Security

People are inherently lazy. After all, why do something today that you can put off until tomorrow? Users hate to do anything that would slow down their access to their computer or data. That means they would much rather just sit at a keyboard and start to surf the Internet instead of entering logon credentials and then entering a second factor. How many times have you been tired of the constant password changes only to resort to using one you know you’ll remember and have previously used? Didn’t feel like creating a new account so passed on that online purchase? . . . [more]

Posted in: Legal Technology

Court Sets Aside Judgment Obtained at Uncontested Trial

In a rather unusual case, an Ontario Superior Court judge has set aside a default judgment that was obtained at an uncontested trial where the defendant intentionally decided not to show up.

In September, 2015 the lawsuit was set down for trial for the week of April 18, 2016. In the first week of March, 2016, the defendant’s lawyer informed her that they would not represent her at trial and the defendant signed a Notice of Intention to Act in Person shortly thereafter.

The defendant tried to obtain new counsel without success from March 4 to March 18. She then . . . [more]

Posted in: Case Comment

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

The Research Log
Karen Sawatzky

Today’s tip is courtesy of Melanie Bueckert, legal researcher extraordinaire at the Manitoba Court of Appeal via Brian Roach, articling student at Tapper Cuddy LLP. The Research Log (well deserving of its capitalization) is a deceptively simple template that forces the legal researcher to document all sources consulted and note what about that source was of importance. …

Practice

Why Public Wi-Fi . . . [more]

Posted in: Tips Tuesday

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

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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