Canada’s online legal magazine.

Greater – but Not Perfect – Clarity Coming, at End of Year, to Question of Personal Property Security Jurisdiction

By Nora Rock, corporate writer at LAWPRO.

A personal property security interest can’t be perfected if it’s registered in the wrong jurisdiction. Pinning down the appropriate jurisdiction for registration of a non-possessory interest in an intangible (like intellectual property), a good used in more than one jurisdiction (like a transport truck), or an instrument (like a lease) has proven to be surprisingly hard, due to ambiguous language in PPS statutes across the country.

The version currently in force of s. 7(1) of the Ontario Personal Property Security Act provides that the validity and perfection of a registration of an interest . . . [more]

Posted in: Substantive Law: Legislation

Star Wars, Like All Things, Is Legal

I was one of the many thousands of people who recently watched Star Wars: The Force Awakens, despite being on vacation. I was not even born when the original films were released, but was surrounded by the Star Wars culture as a padawan child.

The has been a significant cultural impact of the film series on our society, so there’s no surprise that there are tons of legal issues around it. Despite being a fictional universe, there is an entire wiki of Star Wars laws and legal systems. The site uses “source documents” such as disparate as a 1987 . . . [more]

Posted in: Substantive Law: Foreign Law

Judicial Lineups and “Festivus” Presents

I’ve been sitting on this one to see what Santa might have in store for M.M (M.M. v. United States of America, 2015 SCC 62.) As I expected, and I assume others did, too, the Liberal gov’t has decided to review the prior Conservative regime’s decision to surrender M.M. for extradition to the United States: see here. You’d think that somebody in the editorial department of the newspaper involved would know the difference between statements in dissenting reasons and the majority reasons but, in the spirit of the season, I’ll let that pass.

Can I get a mental . . . [more]

Posted in: Substantive Law: Judicial Decisions

All Aboard

In December 2015, Sydney hosted Blockchain Workshops (#BlockchainSYD). I understand that it was a great event. If you didn’t get to it, and fear you have missed the Blockchain wave, I would not panic. Like other tech, there might still be some waiting time before it takes over.

Consider the “flavour of the month“ Artificial Intelligence (AI). It’s finally getting some traction 30+ years after its success was touted as imminent. Yet around this time each year people are called upon to bravely predict next year’s tech. It is not a new phenomena.

“… while only 35% of (US) law

. . . [more]
Posted in: Legal Technology

Thursday Thinkpiece: Davis on Using Business School Cases to Create Strategic Corporate Lawyers

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Think Like a Businessperson: Using Business School Cases to Create Strategic Corporate Lawyers

Alicia J. Davis, Professor of Law, University of Michigan Law School

Originally published in 59 ST. LOUIS U.L.J. 823 (2015) | Reprinted with permission of the Saint Louis University Law Journal © 2015 St. Louis University School of Law, . . . [more]

Posted in: Thursday Thinkpiece

Mistakes in Website Prices – Consumer Items

A Quebec court has recently held that Costco was not bound to sell a computer to a consumer for $2.00, as advertised on its web site. Although the Consumer Protection Act says that an ad to a consumer is an offer, the court (Cour du Québec) held that online sales are different.

Here’s an article about the decision.

I presume the decision would be similar in common-law Canada. Is it not general law that an ad on a website is considered an invitation to treat, rather than an offer that can be accepted by anyone in the world? Certainly the . . . [more]

Posted in: Case Comment, Substantive Law: Judicial Decisions, ulc_ecomm_list

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

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