Canada’s online legal magazine.

Hello, My Name Is…

… Pulat Yunusov. This is my first blog post here. You may have read my columns on Slaw (A Proposal for Automated Online Dispute Resolution, Part 1; and What Is Blockchain and Why It’s Important for Law Practice) and a piece on the recent CBA startup competition.

Expect more of the same! I am interested in two things: how law practice is changing and how technology is affecting that change.

I spend most of my public-facing time in my litigation practice. When I founded it in 2011, I wanted to do a few things from scratch . . . [more]

Posted in: Announcements, Practice of Law, Practice of Law: Future of Practice, Technology

Online Courts: Using Technology to Promote Access to Justice

Congratulations to Canada for its online Small Claims Court that will become mandatory next year. The Civil Resolution Tribunal (CRT) in British Columbia is slated to hear small claims cases online next spring. The jurisdictional threshold for “small claims” has yet to be established; however, the mandate is that it will eventually rise to approximately $20K USD. CRT adjudications will have the same effect as court orders and will provide the population inexpensive, fast, and easy access to justice for a range of civil disputes.

It is expected that CRT will divert 15,000 small claims cases from the courts each . . . [more]

Posted in: Justice Issues, Technology, Technology: Internet

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 and writing, practice, and technology.

Research & Writing

Lawyerly Compounds
Neil Guthrie

By this, I don’t mean where partners spend their week-ends. Instead, I have horrors like these in mind: herein, therein, wherein, hereinafter, thereinafter, heretofore, herewith, therewith, aforementioned [or (shudder) its bastard progeny, ‘above-referenced’], thereof, thereto, whereas …

Practice

Oscar or Felix? What Does Your Desk Say About You?
David Bilinsky

Look at your desk and office. Whose office does yours resemble? . . . [more]

Posted in: Tips Tuesday

Do KODI Boxes Infringe Copyright?

The Federal Court recently issued a temporary injunction on the sale of pre-loaded TV set-top boxes (known more popularly as KODI boxes) that allegedly encourage or enable copyright infringement. The relatively simple issue of whether an injunction should be granted (currently under appeal) masks the complexity of the underlying facts and legal issues at play. In what follows I discuss these complexities in connection with the two main bases of potential liability: (1) authorizing infringement and (2) enabling infringement.

KODI boxes are a multidimensional technology

The first complexity is the technology itself. These pre-loaded boxes are multidimensional both in . . . [more]

Posted in: Intellectual Property

Steer Clear of Real Estate Claims by Asking These Five Questions on Every Deal

The real estate lawyer’s job is more than just conveying title, and not every matter will be straightforward. Communication errors and inadequate investigation are the biggest causes of real estate claims at LAWPRO, respectively 41 per cent and 26 per cent of claims reported in the past 10 years. Busy, high-volume practices often lead to situations where the lawyer is not taking the time to communicate with the clients properly.

Lawyers need to take the time to speak to clients to ensure they’ve gathered all the relevant information.

Here are five questions lawyers should be asking their clients or themselves . . . [more]

Posted in: Practice of Law

The Passing of Maritime Law Book – the End of an Era.

While not unexpected, the announcement by Eric Appleby that Maritime Law Book will be closing its doors in November 2016, is still a bit of a shock. No one has done more than Eric and his indomitable team at Maritime Law Book to transform the nature of the case law reporting in this country. Unfortunately, access to free case law online and cost cutting by customers have combined to undermine the business model for Maritime Law Book, making its demise an inevitability.

When simple access was the issue

Few will remember a time when access to case law was extremely . . . [more]

Posted in: Legal Publishing

The Enbridge Decision and Beyond: Issues to Watch Following Gitxaala Nation v Canada

The length of time that Enbridge Northern Gateway’s oil tankers and pipelines proposal has managed to stay afloat –despite widespread opposition and the lack of any firm commercial contracts for use of its pipelines –once prompted my colleagues here at West Coast Environmental Law to ask, as John Cleese does in the famous Monty Python sketch, whether the Enbridge project was dead or merely resting.

In this vein, the recent Federal Court of Appeal (FCA) decision in Gitxaala Nation v Canada was heralded as a major legal victory for Indigenous peoples opposing the opposing the Enbridge pipelines and tankers . . . [more]

Posted in: Justice Issues

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. Droitdu.net  2. Clicklaw Blog 3. IPilogue  4. Susan on the Soapbox  5. BC Injury Law and ICBC Claims Blog

Droitdu.net
Bitcoin, Chaine de blocs et contrats intelligents

Il a toujours été communément admis que le monde changeait. Toutefois, ces changements arrivent plus ou moins vite, avec un impact plus . . . [more]

Posted in: Monday’s Mix

Law Firm Managers Need Training in Organizational Behaviour

We often hear that lawyers are trained in the law, not in how to operate a business. One of the most basic management skill lacking though can be found in the field of organizational behaviour (OB).

Dr. Larry Richard recently gave a talk at the CBA conference in Ottawa, where he presented “breakthrough ideas to boost your engagement.” The need for employee engagement is even more important during turbulent economic times, when law firms are facing considerably more instability than in the past. Much of what he had to offer corresponded with the OB skills deficit.

Dr. Richard noted that . . . [more]

Posted in: Practice of Law: Practice Management

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) : Le juge refuse d’appliquer l’article 7 (2) b) (iii) de la Loi réglementant certaines drogues et autres substances, qui prévoit une peine minimale de un an dans le cas de l’accusé, reconnu coupable de production de marijuana pour avoir tenu le rôle de jardinier dans l’affaire. . . . [more]

Posted in: Summaries Sunday

Can You Stop Networking?

It is not an understatement to say that in professional services, networking is one of the most important parts of our job. Connections are critical, projects cannot be completed without people. There are lots of different ways to network and finding what works for you is essential. Recently, I connected with someone that defies conventional wisdom. He doesn’t care about first impressions, considers nearly all networking a waste of time and believes the key to networking is to stop networking.

What he realized is that people are not interested in networking conversation, they want real conversations and real relationships. And . . . [more]

Posted in: Legal Marketing

Access to Private Standards Incorporated Into Law

From time to time governments make law by referring to non-governmental rules. These are often technical matters on which standards are developed by outside experts. For example, a regulation might require manufacturers to comply with a safety standard of the Canadian General Standards Board or the International Standards Organization.

When this happens, should the government have to ensure that the outside standards be accessible to those affected by them? Many standards bodies finance their operation at least in part through the sale of their standards. In other words, access to the text of the standards is not free. Is that . . . [more]

Posted in: Legal Information, Substantive Law: Legislation, ulc_ecomm_list

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