In Ontario most court documents are filed in paper, with e-filing appearing mostly to be a distant dream. Similarly, court documents, other than originating documents, tend to be served by fax and not by email. Everyone loves that fax confirmation page despite the fact that emails can come with a read receipt.

So should we be allowed to communicate with the court through email? Should the court be encouraged to communicate with litigants via email?

Email is a blessing and a curse. It is easy to use. It is fast. It is convenient. But on the other hand, important emails . . . [more]

This article is by Ian Hu, claims prevention and praticePRO Counsel at LAWPRO.

We have received inquiries regarding whether a defendant’s counterclaim, crossclaim, or third party claim is also dismissed when the main action is administratively dismissed under Rule 48.14. The answer depends on the kind of claim. The defendant’s counterclaim and crossclaim will be automatically dismissed unless certain steps are taken within prescribed timelines. In the case of a crossclaim against the defendant, the dismissal order will need to be served on the crossclaimant. See the analysis below.

As we know, Rule 48.14(1) sets out the circumstances under which . . . [more]

“But a breakthrough won’t be hard. We only need to look at things from a slightly different angle—which might happen in a hundred years or this afternoon.”—David Gelernter

One thing that came up during the “Computers and Legal Research” session that I reported on in my last post was the issue of copyright, specifically: Does AI create new, secondary IP rights? Or, will a machine be able to claim copyright? Very interesting questions. I’m not sure if this is what Nate Russell meant when he wrote at the end of his excellent post from last week . . . [more]

Do judges and former judges owe a duty of confidentiality? This might seem like a silly question. After all, the legal system zealously protects judicial deliberations from compelled disclosure. However, when it comes to recognizing any restriction on judges’ ability to voluntarily disclose or use such deliberations, to date there has been silence. Hopefully, that may soon change as various actors consider the implications of retired judges returning to the practice of law.

The Supreme Court has recognized an absolute privilege that protects the confidentiality of communications between judges in cases: see Mackeigan v. Hickman (1989) and Ontario (Public Safety . . . [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. Michael Geist 2. IFLS Osgoode 3. Canadian Class Actions Monitor 4. Susan on the Soapbox 5. National Magazine Blog

Michael Geist
Former Copyright Board Chair Vancise Takes Aim at the Board Critics

The Honourable William Vancise, the former Chair of the Copyright Board of Canada, recently delivered a combative . . . [more]

Last night Dean Strang & Jerry Buting, two American attorneys, stopped by in Toronto to give a talk. The lawyers are known from the Netflix original crime documentary, Making A Murderer, which might be Netflix’s most successful show to date.

Strang and Buting were defence lawyers for Steven Avery, a man from Manitowoc County, WI who was exonerated through DNA testing after serving 18 years of a 32 year sentence for rape and attempted murder. The controversy over the documentary though deals with Avery’s second charge, over the murder of another woman after his release. The purpose of . . . [more]

On one Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all appeals and leaves to appeal granted, so you know what the S.C.C. will soon be dealing with ((May 12 – June 8, 2016 inclusive).

Appeals

Professions: Professional Secrecy in Québec
Canada (Attorney General) v. Chambre des notaires du Québec, 2016 SCC 20 (35892)

Professional secrecy is a principle of fundamental justice within the meaning of . . . [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) : Reconnu coupable de fraude, de complot pour fraude et d’abus de confiance, l’ancien maire de Boisbriand Robert Poirier est condamné à une peine d’emprisonnement de 18 mois.

Intitulé : Directeur des poursuites criminelles et pénales du Québec c. Poirier,
2016 QCCQ 3775
Juridiction : Cour du Québec, . . . [more]

The College of Law Practice Management InnovAction Awards is a worldwide search for lawyers, law firms, and other deliverers of legal services who are currently engaged in some extraordinary innovative efforts. The goal is to demonstrate to the legal community what can be created when passionate professionals, with big ideas and strong convictions, are determined to make a difference.

Each year at its Futures Conference, the College of Law Practice Management presents the coveted InnovAction Awards to those unsung heroes and rising stars within the legal profession who dare to think differently and succeed by doing so.

Submit an . . . [more]

A funny thing happens when lawyers set out to write articles or blog posts. Even though they’re told the required number of words, they write twice that number. Ironically, the worst offenders are those who refuse to read long email messages—or indeed anything longer than a page.

Brevity is not only the soul of wit, it’s also very effective in communication. Whether you’re summarizing your argument before a judge or writing a blog post about why it’s important to have a will, keep it short! One of McCaffery’s Maxims is that half as long is probably twice as good.

I . . . [more]

On May 17, 2016, the federal government tabled Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code to add gender identity and gender expression to the list of prohibited grounds of discrimination. . . . [more]

The debate between law societies and universities about the contours of law degrees has been at the forefront of discussions between law schools and law societies for the past ten years. In order to control entry into the market of new Canadian faculties of law or foreign universities offering Canadian Law degrees, the Federation of Law Societies has sought to define what is a Canadian law degree. It has defined “core” competencies. Provincial Law Societies also describe the “competencies” required of their members. For example, the Law Society of Upper Canada conditions entry to the Bar to the acquisition of . . . [more]