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. Administrative Law Matters  2. Excess Copyright 3. Michael Spratt  4. Environmental Law & Litigation  5. Éloise Gratton

Administrative Law Matters
New Paper — Royal Treatment: The Crown’s Special Status in Administrative Law

Although I have not been blogging much for various reasons (hampered most recently by the sad demise . . . [more]

As we journey through our professional careers, one valuable tool to acquire is a personal formula for overcoming the inner obstacles that often hold us back from taking on vital challenges, rich with learning and opportunity.

Fear and self-doubt don’t just come up for newly called lawyers, they also vex seasoned lawyers as well.

When I think back on this past year I remember of couple of my own brushes with these inner obstacles and the sinking, heavy, feeling that comes with them.

Oh no, I am not up for this.
I am going to fail this.
I am not . . . [more]

The Clio Cloud Conference is sort of like the Burning Man Festival of the legal industry. You have to attend it at least once in your lifetime, and once you do, there are no words to truly describe the experience.

There’s the high-energy environment, with a concert-like production. And when you look at the fellow groupies in the audience, you notice they’re all leaders in the law. Years later, I’m still talking about it.

This year the conference provided another extra tidbit – insight into how lawyers apply the billable hour in their practice. The advantage of a large cloud-based . . . [more]

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) : Un arrêt des procédures est ordonné dans le cas d’accusés arrêtés pour trafic de drogues à l’occasion de l’enquête Promu en raison du délai déraisonnable imputé, notamment, à la façon dont la poursuite a géré les conséquences de l’arrestation du policier à l’origine de cette enquête, Benoît . . . [more]

One Sunday each month OnPoint Legal Research provides Slaw with an extended summary of, and counsel’s commentary on, an important case from the British Columbia, Alberta, or Ontario court of appeal.

Green v. Alberta Teachers’ Association, 2016 ABCA 237

AREAS OF LAW: Administrative law; Judicial review; Procedural fairness; Privative clause

 ~The presence of a strongly worded privative clause does not preclude most or all judicial review, but rather indicates that the court must adopt a deferential standard of review.~

BACKGROUND: The Appellant, Cynthia Green, was found guilty of unprofessional conduct by the Hearing Committee of the Respondent Alberta Teachers’ . . . [more]

In the olden days we weren’t allowed to say the M word (marketing) within 50 meters of a law firm because it was considered too unprofessional and trendy. Now, Partners throw around the B word (branding) like there’s no tomorrow! Yet in my experience, very few lawyers understand what branding is, why it works, and how to use it to their advantage. So here’s a primer on branding for lawyers and those who support them marketing-wise.

If you’ve seen Mad Men then you know about the ad agency business in the fifties. That was the advent of strategic marketing. At . . . [more]

In the summer of 2016, author Simek had the pleasure of joining a Pennsylvania Bar Association panel comprised of both testifying experts and judges to explore how to find and effectively use a good expert.

It seemed to author Nelson, sitting in the audience, that she was hearing a series of rapid-fire tips so she endeavored to jot them down, in no particular order, to offer the collective wisdom of the panel. Here are some of the many valuable tips she heard:

• It’s important to find an expert who will be cool under fire, as they must survive cross-examination with

A ZDNet article entitled Cloud computing: Four reasons why companies are choosing public over private or hybrid clouds makes a case for the value of the public cloud.

The reasons:

• Innovation comes as standard with the public cloud
• Flexibility provides a business advantage
• External providers are the experts in secure provision
• CIOs can direct more attention to business change

This is all good – or mostly good.

The caveat is that the use of the cloud can fail if a business adopts the cloud without thinking it through from the perspectives of mission criticality, security, privacy, and continuity. If a . . . [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 CMG, 2016 ABQB 368

[33] I reject the argument that the accused is afforded any protection in the case at bar under s. 13 of the Charter or s. 5(2) of the Canada Evidence Act, RSC 1985, c C-5 [CEA]. Sections 13 of the Charter and 5(2) of the CEA are treated as offering the same . . . [more]

Over the summer, Justice Canada engaged in a low-key consultation on “Judicial Discipline Process Reform”, releasing a bland discussion paper appropriately-titled “Possibilities for Further Reform of the Federal Judicial Discipline Process”. The title is at once both misleading and accurate. It is in part misleading because there have been no significant changes to the federal judicial discipline process as set out in the Judges Act since that statute was enacted in 1971. It is accurate because the Justice Canada consultation comes on the heels of reforms enacted by the Canadian Judicial Council (CJC) in 2015 after . . . [more]

It may be 2016 but lawyers still fax like its 1989. This is pathetic, and it’s time that we embrace technological change. Every other industry has moved on, and so should we.

In Ontario, the Ministry of the Attorney General is trying to implement change. On their website, they state that:

[W]e are implementing a comprehensive strategy to build Better Justice Together by:

• making sure court processes are faster and the justice system is easier to navigate

• building an integrated system that allows justice partners and participants to better share and access the information they need…

While we wait for . . . [more]

“You have a tendency to step on people’s toes when you’re leading a team. Instead of engaging them, you run them over in your effort to get the job done.” Delivered from a manager at my first job as a lifeguard, the feedback disconfirmed every perception I had of my fledgling leadership skills.

It stung. But my supervisor was right, and she was right to tell me. She pointed out how people reacted to my behaviour and how it affected my performance. I needed the job, which meant I couldn’t avoid my manager. So I adapted.

A recent post on . . . [more]