Canada’s online legal magazine.

The Tension Between Library Collections and Other Work in Law Libraries

There has been an interesting trend in law firms recently of gradually reducing staff in libraries, but adding information specialist positions with various job titles to business development groups. It seems like a missed opportunity for firm libraries to redefine their roles, and for library staff to explore interesting work that increases the return on investment of the library budget. Wondering why this is happening in this way, I started to think about what work takes the majority of library staff time in a firm. It seems that the likely target is the commitment to maintaining print collections, which still . . . [more]

Posted in: Legal Information

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

Use a Checklist
Susannah Tredwell

As a great fan of checklists I highly recommend Atul Gawande’s book on the subject, The Checklist Manifesto. In his book Gawande makes the case that a checklist is valuable even if you have done a specific task many times before and know exactly what you are doing. He illustrates this point by giving examples of how checklists are used . . . [more]

Posted in: Tips Tuesday

Testamentary Freedom Reaffirmed

Early this month Ontario’s Court of Appeal released its decision in Spence v. BMO Trust Company, an important statement on the supervisory jurisdiction of Ontario courts regarding gifts in a Will that offend public policy.

The court affirmed that at common law, “… a testator’s right to dispose of her property and to choose her beneficiaries as she wishes, even on discriminatory grounds”, is protected.

Background

The deceased had two daughters. He moved to Canada after divorcing their mother. His daughter Verolin followed her father to Canada. The other daughter remained with her mother in England.

The deceased, a black . . . [more]

Posted in: Substantive Law: Judicial Decisions

New Lawyer Cyber Dangers and How to Avoid Them

Like the local bank, your practice holds valuable information and money. Your computer systems may contain client information, trade secrets, and intellectual property. Your trust accounts have large sums of money. A cyber breach or trust account theft will harm your clients and potentially cripple your practice. Security guards, specialized safes, and sophisticated procedures protect the local bank. What safeguards have you put in place for your practice?

Perceived to be less sophisticated than banks and big companies, lawyers make easy targets for tech-savvy criminals. The payoff, which can include emptying trust accounts and taking advantage of confidential information, is . . . [more]

Posted in: Reading: Recommended, Technology: Internet

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. Mack’s Criminal Law  2. Precedent 3.
Global Workplace Insider
 4. The Court  5. Social Media for Law Firms

Mack’s Criminal Law
Some is all you need

Webster was accused of committing offences against is former domestic partner. At the preliminary inquiry the now ex-partner testified via closed circuit television . . . [more]

Posted in: Monday’s Mix

Evaluating Legal Technology – a Checklist

After successfully putting it off for a decade after every other industry, it seems like the legal world is finally – FINALLY – poised on the edge of a technology revolution. Walk the exhibit halls of any legal conference nowadays and you’ll see dozens of companies ready to sell you all sorts of solutions that will make your practice life easier and save you money. But will they? How can you tell?

To that end, I developed a check list to go through whenever you are thinking of adopting or purchasing a technology product or service.

  1. Know thyself. Before you
. . . [more]
Posted in: Legal Technology

Ghomeshi Controversy a Call to the Profession

I won’t comment much on the Ghomeshi verdict, other than to note that most of its detractors don’t appear to fully appreciate the nuance of the decision.

The animus exhibited by the complainants was mirrored by observers in the court room, and the crowd that gathered outside.

There was reason to be upset. Such incidents are rightly upsetting, but these feelings should not be directed towards the bench or the justice system.

The protections within our legal system, including our Charter rights, cannot be applied selectively, or withdrawn for individuals we don’t like, or we think are likely to . . . [more]

Posted in: Justice Issues, 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.

PÉNAL (DROIT) : Les trois accusés, un guide spirituel et ses deux assistants, reconnus coupables de négligence criminelle ayant causé des lésions corporelles à une victime et la mort d’une autre à la suite d’une séance de sudation tenue dans le contexte d’un séminaire de croissance personnelle, devront purger respectivement . . . [more]

Posted in: Summaries Sunday

Access to Justice — the Data Moment

Data — big, open — is having a well-deserved moment among access to justice advocates. While access to justice problems don’t fall into neat quadrants as they might in the technology and business worlds, there is much that can be learned from the use of data to address real needs in other sectors. With new tools to address access to justice challenges comes a key turning point in the application of data to solve complex social problems.

A recent post by Margaret Hagan of Open Law Lab explores the access to justice opportunities available from public data. The potential . . . [more]

Posted in: Justice Issues

First Global Cannabis Law Report – It Had to Happen

Former slaw.ca columnist and online legal publisher Sean Hocking has just launched his new Cannabis Law Report. From his base in Hong Kong, Sean has created Your Global Resource on Cannabis Law, Regulation and Cases . He describes it as the first service to document legal information about cannabis worldwide.

While I am sceptical about “global legal publishing initiatives” in general, this one may take hold. Sean has got both the timing and the content right.

None of this is rocket science but it’s all moving at a rapid pace as you know today in Canada and the states . . . [more]

Posted in: Legal Information: Publishing

Alberta Ransomware Advisory

The Office of the Information and Privacy Commissioner of Alberta has developed guidelines to assist public bodies, health custodians and private organizations with preventing and responding to ransomware cyberattacks. The Advisory published in March 2016 in PDF can be downloaded here.

According to most information technology experts, antivirus vendors and security professionals, “Ransomware” is considered a type of malicious software designed to block access to a computer system and files until a sum of money is paid within a certain deadline, to an unknown party. The sum of money to be paid varies from as little as $25 to . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Technology, Technology: Internet, Technology: Office Technology

Administrative Breaches and Patent Validity

The Federal Court recently held, in Apotex Inc. v. Pfizer Inc. et al., 2016 FC 136, that there was no legal basis to invalidate an issued patent due to non-patent of an administrative fee while the application was pending. This result arose regarding a patent where an incorrect final fee was paid many years earlier during the patent pendency.

Through out the patent process, multiple fees are required by specific deadlines. These fees include annual maintenance fees, examination fees, and final fees at the time the application is granted. The Patent Act and Patent Rules set out requirements . . . [more]

Posted in: Intellectual Property

3li_EnFr_Wordmark_W

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