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. Ursa Ventures Ltd v Edmonton (City), 2016 ABCA 135

[32] It is clear that the chambers judge considered this affidavit of records in the context of this lawsuit. He looked at its nature (a sworn affidavit) and the allegations in the pleadings. He was aware of the timing of the affidavit (within weeks of the three-year time limit). He balanced these . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Media and the Law: Where Are the Law Journalists?

Where are the specialized law journalists in Canada? Can you name one? The media has left a gaping hole, leaving lawyers to fill the vacuum, to editorialize on the new cases, and to defend the legal system.

We can’t complain. This is our duty. However, in a time, where most people can name all Kardashians but can’t name the nine Supreme Court of Canada judges, we have a problem.

Paul Wells writes in In Search of the Ethical Lawyer: Stories from the Canadian Legal Profession, edited by Adam Dodek and Alice Woolley, that it’s not wickedness that has brought an . . . [more]

Posted in: Justice Issues

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

–Ice, –Ise, –Ize
Neil Guthrie

Verb endings: a small but tricky point. If you’re from the USA, the practice (noun) of law is practiced (verb) by lawyers. If you’re from the UK, the practice is practised. Here in Canada, we see both verb forms – but preferred usage (by me, anyway) is to go British. …

Practice

How to Take a Free, Simple, and Great . . . [more]

Posted in: Tips Tuesday

Panel of Judges Rule Landlord Must Keep Tenant Until Death

A panel of 3 Divisional Court judges have overturned a ruling of the Landlord and Tenant Board (“LLTB”) and have ruled that a landlord is prohibited from terminating the tenancy relationship with his tenant until she dies.

The landlord and tenant are brother and sister. In 2006 they entered into a tenancy agreement which permitted the sister to live in the brother’s basement for the rest of her life in exchange for $500 per month in rent. The written tenancy agreement explicitly stated that the tenancy was not for a fixed term.

In 2014 the brother attempted to terminate the . . . [more]

Posted in: Case Comment

Client Seminars: Please Don’t Wing It

I wasn’t planning on writing about best practices in client seminars this month, but two bits of disparate information made me reconsider. First, BTI’s research summarized in the April 6 Mad Clientist blog indicates that the largest 30 firms in the world are diverting budget from general audience events, seminars and webinars to fund strategic, highly-targeted client development initiatives. These initiatives can and should include customized programming for clients. [1] Second, a legal marketing colleague shared a somewhat surprising client seminar planning experience: on the eve of the seminar, very little lawyer-side preparation had been done, despite his cajoling, stalking . . . [more]

Posted in: Legal Marketing

Cross Border Selection of Lawyers – Issues to Consider

When you shop for a contractor for a home renovation, you are often reminded about the need to ensure your contractor has third party liability insurance and workers’ compensation insurance – just in case.

Do you ask that same question when you shop for a lawyer outside of Canada? Do you remember to ask if the foreign lawyer carries professional liability insurance? And do you know what his/her coverage is? Imagine this. A 40-year-old client’s husband dies in a plane crash in the United States, the result of alleged negligence by air traffic controllers who fail to identify a storm . . . [more]

Posted in: Reading: Recommended

Cashless but Not Lawless

Pundits have been predicting the cashless society for a long time, perhaps even longer than the paperless office. Nonetheless the evidence is mounting that we are getting closer (at least to the former). The Section of Business Law of the American Bar Association ran a program at its spring meeting in Montreal this year on the possible disappearance of cash and the legal consequences.

Here are some of the highlights of presentations by Ed Morse of Creighton University, who presided, Denis Rice of Arnold and Porter, Jillian Friedman of the National Bank of Canada, and Erin Fonté of Dykema in . . . [more]

Posted in: Legal Technology

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. Combat Sports Law  2. Pierre Roy & Associés  3. Global Workplace Insider  4. SOQUIJ  5. First Reference Talks

Combat Sports Law
McGregor v. Mayweather – A Fight That Can Only Take Place in a Courtroom

After a tabloid suggested UFC fighter Conor McGregor and presently retired boxer Floyd Mayweather . . . [more]

Posted in: Monday’s Mix

We Are All Worrying About the Wrong Thing

While lawyers in Canada were debating whether licensed paralegals should have a limited role in family law, and before that contemplating entity-based regulation, alternative business structures, and the articling crisis, change was already happening without them.

This week the century-old American law firm, BakerHostetler, announced they have hired their first digital lawyer, ROSS, the artificial intelligence system based on IBM’s Watson. What can ROSS do for this firm, one of the largest in the country?

According to the ROSS website, it can provide a highly relevant answer to a question posed in natural language. You don’t get thousands . . . [more]

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

A New Legal Citation Guide for Canada on the Horizon / Vers Un Nouveau Guide Canadien de Citation Juridique

(La version française suite)

A New Legal Citation Guide for Canada on the Horizon

A group of interested individuals has come together to address the challenge of uniform legal citation in Canada.

There is currently no standard legal citation guide in Canada that has been uniformly accepted by all legal sectors and institutions. In addition to existing published citation guides, various courts, law schools, law journals and publishers have developed and are using their own guides to meet their particular needs.

The Canadian public has a right to an accessible standard of legal citation that will facilitate, not hinder their . . . [more]

Posted in: Announcements, Firm Guest Blogger, Legal Information, Legal Information: Libraries & Research

Summaries Sunday: Supreme Advocacy

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 (April 14 – May 11, 2016 inclusive).

Appeals

Aboriginal Law: Métis & Non-Status Indians
Daniels v. Canada (Indian Affairs and Northern Development), 2016 SCC 12 (35945)

Non-status Indians and Métis are “Indians” under s. 91(24) and can turn . . . [more]

Posted in: Summaries Sunday

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) : Reconnu coupable d’avoir omis de déclarer l’exportation d’une somme de 17 270 $, soit l’infraction prévue à l’article 74 (1) a) de la Loi sur le recyclage des produits de la criminalité et le financement des activités terroristes, l’accusé est condamné à payer une amende de . . . [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