Canada’s online legal magazine.

Back to the Future of Law Libraries

Scott Frey, Reference Librarian, at the Western State College of Law, Fullerton, California, has written a nice Delorean free article that takes a look at the future of law libraries from the perspective of law librarian’s opinions from the past. It’s called, “A History of the Future of Law Libraries: Lessons in Forecasting from Law Librarians” Predictions of the Past,’ and was published in the June issue of AALL Spectrum.

Frey drops us back a hundred years ago to 1915 and then moves up to the present day citing a number of interesting predictions from law . . . [more]

Posted in: Legal Information: Libraries & Research

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. BC Injury Law and ICBC Claims Blog 2. First Reference Talks 3. Double Aspect 4. Youth and Work 5. Institute for Feminist Legal Studies at Osgoode

BC Injury Law and ICBC Claims Blog
How Much is it Worth if You Can’t Drive Your Ferrari?

If you own a Ferrari . . . [more]

Posted in: Monday’s Mix

Federal Court of Canada Issues New Case Management Practice Notice Affecting IP Litigation

The Federal Court recently issued a practice notice entitled Notice to the Parties and to the Profession – Case Management: Increased Proportionality in Complex Litigation before the Federal Court. The notice affects all complex litigation before the Court, including intellectual property matters. The notice is designed to achieve increased proportionality in Federal Court proceedings, and introduce efficiencies which should save litigants both time and money. The changes should also make it easier for an action to reach trial within two (2) years from the filing of the Statement of Claim, an objective communicated in a previous notice from the . . . [more]

Posted in: Intellectual Property

Directive for Change, Straight From the Chief

This past weekend Chief Justice Beverly McLachlin addressed CBA members at the legal conference in Calgary, Alberta. A complete copy of the speech is available here via National Magazine, and my live broadcast via Periscope is available here.

She addressed her continuing concerns about access to justice, but focused on the change already underway in the profession. She told a lawyer joke, which she admittedly refrains from doing,

“How many lawyers does it take to change a light bulb?”, it goes. The answer, “What’s change?”

I prefer the response to the question, “How many psychiatrists does it take

. . . [more]
Posted in: Justice Issues, Practice of Law: Future of Practice

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.

Summary of all appeals and leaves to appeal granted, so you know what the SCC will soon be dealing with (July 10 – August 12, 2015 inclusive).

Appeals

Charter (Québec): Discrimination; Two-Step Process
Quebec (Commission des droits de la personne et des droits de la jeunesse) v. Bombardier Inc. (Bombardier Aerospace Training Center), 2015 SCC 39 (35625) July 23, 2015 . . . [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) : Le temps passé sous garde avant la détermination de la peine de l’adolescent doit être crédité à l’ensemble de l’ordonnance de placement sous garde et surveillance en vertu de l’article 42 (2) n) de la Loi sur le système de justice pénale pour adolescents et non à

. . . [more]
Posted in: Summaries Sunday

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:
Courts – Practice – Civil Rights

Maple Ridge Community Management Ltd. v. Peel Condominium Corp. No. 231 2015 ONCA 520
Courts – Practice
Summary: The parties entered into a contract appointing Maple Ridge Community Management Ltd. as the property management company for Peel Condominium Corp. No. 231 for a three year term. Pursuant to . . . [more]

Posted in: Summaries Sunday

The Friday Fillip: Pulling Focus

For the next while the Friday Fillip will be a chapter in a serialized crime novel, usually followed by a reference you might like to pursue. Both this chapter of the book and the whole story up to this point can be had as PDF files. You may also subscribe to have chapters delivered to you by email.


 

MEASURING LIFE

Chapter 24
Pulling Focus

Nancy Tomasini was almost in uniform. But instead of the regulation peaked hat she wore a navy watch cap done up in an accordion double fold. A wind had come up, and some lumpy

. . . [more]
Posted in: The Friday Fillip

Proposed New “Uniform Arbitration Act” Bears Careful Study

The working group on arbitration legislation of the Uniform Law Conference of Canada (ULCC) has circulated a Discussion Paper on proposed changes to the Uniform Arbitration Act (for domestic arbitrations in Canada). The proposals – and the drafting of the Act – have not yet been reviewed or approved by the ULCC. The goal is the present the proposals to the ULCC at its annual meeting this summer.

This is the second phase of a project that started several years ago to update the ULCC’s Uniform International Commercial Arbitration Act and Uniform Arbitration Act, which have been widely implemented by . . . [more]

Posted in: Dispute Resolution

Due Diligence Required When Using Exemptions to Disclose Personal Information Without Consent

Organizations may only disclose a person’s confidential information without the person’s knowledge or consent in very specific circumstances, set out in paragraph 7(3)(h.2) of the Personal Information Protection and Electronic Documents Act (PIPEDA). Now, the Office of the Privacy Commissioner of Canada recently found that in order to properly rely on the s.7(3)(h.2) exemption it is essential that an organization document the purpose for which personal information is disclosed and exercise due diligence to ensure that the disclosure is reasonable under the circumstances. . . . [more]

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

Flexibility Isn’t Just for the Yoga Mat – Try It on Your Schedule

I will forever be indebted to the young mother, a senior associate at a big firm, who shared with me one of her secret recipes for handling the challenging tension between mom-time and lawyer time: the early escape.

Here’s how it works: One night a week she stays late at the office, until between eight and ten at night, depending on the week. Then, two days later, she leaves the office in the afternoon to pick her kids up early from daycare for some special time with them.

This wonderful “life hack” checks two important boxes for her. She checks . . . [more]

Posted in: Practice of Law

WestJet Pilots Vote Against Unionization Under New Canada Labour Code Provisions

WestJet’s pilots have voted against unionization following a narrow result released by the WestJet Professional Pilots Association (the “Association”) last week. Out of the nearly 1,300 pilots, 55% percent of those who voted were not in favour of forming a union. These results come following an extensive campaign by the Association, who vocalized their disappointment with the result through the release on their Facebook page.
The Association in the release stated that “[w]e hope that the open discussions that have taken place as part of this process will set the stage for constructive dialogue between our pilots and . . . [more]

Posted in: Substantive Law: Legislation

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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