Canada’s online legal magazine.

A Supercomputer on Your Wrist

Sometimes we get so wrapped up in the specs and quirks of our current technology that we forget how far we have come.

To put it in perspective, consider a smartwatch. There are many ways to measure computer performance – CPU speed, amount of ram, amount of storage memory, network speed, etc. A common way to compare basic performance, though, is by FLOPS, or floating operations per second.

A smartwatch can do somewhere in the range of 3 to 9 gigaflops. To put that in perspective, the Cray-2 supercomputer in 1985 could do about 1.9 gigaflops. You could buy . . . [more]

Posted in: Technology

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. Hodge v Neinstein, 2015 ONSC 7345

[78] The appellants seek a declaration that any contingency agreement entered into by Neinstein & Associates with a client in which the firm has an entitlement to take any portion of costs in addition to a fee is unenforceable. Making such a determination is a question of law. Since there is evidence that this was . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Getting Buy-In

In November, I was invited to speak as part of a panel discussion on “Legal Marketing 101” before an audience of new legal marketers. Near the end of the discussion, a member of the audience asked for some tips on how to get buy-in from lawyers on more meaningful business development and marketing activities – moving “beyond the USB keys,” as she put it. There was obvious frustration embedded in her question, and panel discussions being what they are, there was little opportunity to provide her with a thoughtful answer to what is a big question with a multi-faceted answer. . . . [more]

Posted in: Legal Marketing

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

Find Out About New Regulations Before They’re Published in the Gazette
Bronwyn Guiton

Many lawyers and legal researchers keep a mental note to look out for new regulations under specific Acts or new proclamations bringing into force an Act of interest. As Shaunna Mireau pointed out in this October 2011 tip though, if you’re only keeping an eye on new issues of the relevant Gazettes, . . . [more]

Posted in: Tips Tuesday

Innovation and the Public Sector – the Need to Work Differently

Innovation is an integral part of the private sector. Why does innovation seem so much harder in the public sector (or in places like the justice system where the public sector/government plays a major role)?

It doesn’t take much reflection to realize that there are quite a few reasons why innovation in the public sector is more challenging and, at the same time, potentially more fulfilling. It is important to identify these unique contextual factors in order to respond to them effectively.

In his 2004 article “System Failure: Why Governments Must Learn to Think Differently”, Jake Chapman observed . . . [more]

Posted in: Dispute Resolution

5 Gotta-Have Apps and Websites for Lawyers

By Ian Hu, claims prevention and practicePRO counsel at LAWPRO.

It’s gift-giving season. Here are 5 gotta-have apps and websites for lawyers. The principle behind each of these is the same: they are easy to use, affordable, and produce immediate gains. Best of all, many of them are free or low cost.

1.WordRake (wordrake.com – starting at $129/yr)

Wouldn’t it be great to have another lawyer at your fingertips, ready to proofread your letters, memos, emails, and factums with a click of a button? . . . [more]

Posted in: Technology

Workplace Accommodations: I Can’t Work Because I Have to Work (Somewhere Else)!

To what extent does an employer have to accommodate an employee’s other work and personal commitments when those commitments are unrelated to grounds protected under human rights legislation? A recent Ontario decision sheds light on an employer’s ability to dictate an employee’s work schedule in these circumstances.

In this case, the employee was a server who worked part-time for the employer. The employee was absent for over 20% of her scheduled shifts in a one-year period, and the employer terminated her employment in accordance with its attendance policy. The reasons for the employee’s absenteeism were two-fold. First, she worked full-time, . . . [more]

Posted in: Substantive Law: Judicial Decisions

Can a Self-Driving, Autonomous Car Really React in an Accident?

I’ve touched on this topic in an earlier post called, “Robots, Law, Regulation: “‘Unfortunately It’s Not a Conversation That’s Happening Anywhere …’” In that post I briefly highlighted an observation that Ed Walters* made when talking about the law of robotics, namely: Who makes or monitors the algorithmic decisions embedded in autonomous systems?

Patrick Lin, associate professor of ethics at California Polytechnic State University, posted a very nice “thought experiment” on Ted-Ed a couple of weeks ago that “isolates and stress tests our intuitions” and contributes to this conversation.

It’s a short animated video that . . . [more]

Posted in: 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 sixty 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. Canadian Privacy Law Blog 2. Susan on the Soapbox 3. Global Workplace Insider 4. Slater Vecchio Connected 5. Library Boy

Canadian Privacy Law Blog
Nova Scotia’s cyberbullying law declared to be unconstitutional and a “colossal failure”

Full disclosure: I was counsel to the applicant in this case. The Nova . . . [more]

Posted in: Monday’s Mix

The Osgoode Society for Legal History Makes It to 100!

After a year of quiet anticipation, the Osgoode Society launched four new titles bringing the total to 100. Surprisingly, little or no fanfare accompanied the momentous occasion. Even the usual collection of literary minded judges were absent, passing on hat should have been major celebration.

While reluctant to say so at an event launching four new titles, the 100th title announced by the Society that evening was in fact the latest offering by Ian Kyer. It was an appropriate acknowledgement of his many contributions to scholarly writing in Canada, on a range of subjects from the history of the Faskens . . . [more]

Posted in: Legal Publishing

Permanent Trolling Injunctions Still a Temporary Solution

Trolls lurk in many dark recesses of the Internet. They make online browsing hurtful, defamatory, and sometimes, outright dangerous. These trolls are rarely slayed forever, and often raise their heads once again when given enough time.

The Ontario Court of Appeal recently reviewed an injunction granted in 2014 against a couple operating a website from publishing “in any manner” statement found to be defamatory towards an Ottawa lawyer, Richard Warman.

Among other grounds, the defendants sought a review of the permanent nature of the injunction as being overly broad. The very nature of the website in question was a . . . [more]

Posted in: Substantive Law: Judicial Decisions, Technology: Internet

Summaries Sunday: Maritime Law Book

Summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. Every Sunday we present a precis of the latest summaries, a fuller version of which can be found on MLB-Slaw Selected Case Summaries at cases.slaw.ca.

This week’s summaries concern: Aliens – International Law – Statutes – Civil Rights – Constitutional Law – Administrative Law – Copyright

B010 v. Canada (Minister of Citizenship and Immigration) 2015 SCC 58
Aliens – International Law – Statutes
Summary: Section 37(1)(b) of the Immigration and Refugee Protection Act rendered a permanent resident or a foreign national inadmissible to . . . [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