Canada’s online legal magazine.

Slaughtering the Judicial Scapegoat

Thousands of years ago the Hebrew Bible records a practice of the ancient Israelites. Aaron, spiritual leader and High Priest, would select two goats designating one as a sacrifice for God while the other – designated by a red string tied around its neck – had the distinct misfortune of representing the nation’s sins and was cast off the precipice of a cliff; the original scapegoat.

Centuries later, far from the desert wilderness of the early Jews, Prime Minister Harper (along with a host of pundits, authors, and a sizeable portion of Canadians) has tied a similar crimson knot into . . . [more]

Posted in: Justice Issues

OPSEU Workers Seen Protesting the Government’s Privatization Agenda at the 2015 Toronto Pan Am Games

Toronto has been sitting in the spotlight for the last month as the host of the 2015 Pan Am Games, which has brought together athletes, coaches, volunteers, and Games supporters from across the world. The public attention received by the Games has not gone un-noticed by workers in the Ontario Public Service Union (OPSEU), who have been protesting the Liberal government’s privatization agenda outside of the Games venues and events.

OPSEU President Warren (Smokey) Thomas has emphasized the important role that public service workers have played in the success of the Pan Am Games, and wants Ontarians to . . . [more]

Posted in: Legal Information

The Winds of Change

A strong west wind is blowing across my prairie landscape this week. After weeks of heat and humidity warnings and near-daily thunderstorms, there’s a change in the air. The sun is nearly set by 9 p.m. Small flocks of Canada geese are beginning their flight training. The day lilies in my garden have lost their bloom and summer is passing before my eyes.

The winds of change are blowing across Manitoba’s legal landscape as well. The Law Society of Manitoba’s latest Communique 2.0 newsletter outlines some of the changes in legal governance on the horizon for Manitoba lawyers, including entity . . . [more]

Posted in: Practice of Law: Future of Practice

Friday Is System Administrator Appreciation Day

Friday July 31 is the 16th annual SysAdmin Day. A day to show our appreciation to the IT professionals who keep our computers, networks and apps working. For those of us who push the tech envelope a bit beyond a typical office setup, our thanks for not rolling their eyes every time we ask them for something new and different. And our thanks for using us as the test platform for new stuff.

In the interest of using your SysAdmin’s time most effectively, take a look at this amusing list. . . . [more]

Posted in: Technology

Vendor Quiz: Sync.com

Welcome to Vendor Quiz, a periodic feature here at Slaw in which we ask a legal marketplace supplier a series of substantive questions about their product or service. Our goal is to provide insight and guidance to Slaw readers who might be considering a purchase, and who would benefit from practical information with which they can make a more informed choice. Vendor Quiz is an advertorial service, with each post sponsored by the featured vendor.

Sync.com is a secure cloud storage platform that makes it easy to store, share and access your files from anywhere. The client’s privacy is guaranteed. . . . [more]

Posted in: Vendor Quiz

Libraries – the Value of Just in Case, Not Just in Time

I am using the column this time to explain my anxiety that society risks losing too much as the materialism of ‘value’ replaces the experience of centuries of unquantifiable practice and purpose.

It is my concern that too many libraries are under threat from the bean counters. Libraries have always existed as places for the ‘just in case’ event, providing the go-to location when you want sustenance of the mind in some way – knowledge, leisure, curiosity, information, entertainment.

However the world is in thrall to the ‘just in time’ mentality of financial wunderkinds who do not value those ‘old . . . [more]

Posted in: Legal Information

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. Frank v. Canada (Attorney General), 2015 ONCA 536

[6] Permitting all non-resident citizens to vote would allow them to participate in making laws that affect Canadian residents on a daily basis, but have little to no practical consequence for their own daily lives. This would erode the social contract and undermine the legitimacy of the laws. The legislation is aimed at . . . [more]

Posted in: Wednesday: What's Hot on CanLII

The Only Thing Wrong With Looseleafs Is They’re Printed on Paper

Like lawyers, computer scientists need up-to-date publications in a field that changes constantly, and in my case, sometimes frivolously. In effect, I need looseleafs, except I really don’t need them on paper in three-ring binders.

When I’m trying to put together an argument for a particular “design pattern” (think verdict), I want to refer to a classic reference I can pick up and read, where I use it enough that I remember where things are, and where I can cite it and have it recognized it by my peers. I want something like Gold’s Practitioners Criminal Code, but . . . [more]

Posted in: Legal Information: Publishing

Motivating Customer Service

Continuous improvement, process improvement, lean, six sigma, kaizen, and all of the other descriptors for changing to be more effective and efficient have the core value of providing the best possible customer service. Customers are external clients and also internal clients, for example users of the network are the clients of the IT department.

In law firms, it is pretty straight forward to be motivated to give excellent customer service to external clients. It may not always easy for everyone to consistently act on the motivation, but that is a separate issue. It is a bit more esoteric to connect . . . [more]

Posted in: Legal Information: Information Management, Practice of Law: Practice Management

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 technology, research and practice.

Research

Deep Linking to Westlaw Canada Sources
Shaunna Mireau

Last week, I gave a shout out to Ted Tjaden for sharing some info about deep linking to LexisNexis Canada sources, and I am continuing to thank Ted this week. Ted shared some information about deep linking into WestlawNext Canada. …

Practice

How Many of You Have an Office Manual?*
David Bilinsky & Garry Wise

Sounds basic but many solo and . . . [more]

Posted in: Tips Tuesday

Twelve Tips for Effective Tech Presentations

Let’s face it – whether you are talking about securing your data or describing the functions of legal IT products, the average lawyer audience may regard your presentation as useful, but hardly as “sexy.” Since we have been successfully lecturing on multiple topics for 18 years now, we have amassed a number of tips for making our presentations entertaining as well as educational. A friend suggested we share what we have learned. Here our twelve of our best tips:

  1. Be a storyteller. Cold hard facts have very little allure. But everyone likes a good story. When we lecture on cybersecurity,
. . . [more]
Posted in: Legal Technology

Employer Unsuccessfully Attempts to Resile From Settlement After Learning Ex-Employee Is Employed by Competitor

In a recent decision, the Ontario Superior Court upheld a settlement that was reached between a former employee and his ex-employer at a mediation over the employer’s attempt to resile from the settlement after finding out that the former employee had since gained employment with a competitor.

The plaintiff commenced a lawsuit against his former employer for payment of certain benefits after his employment was terminated.

The parties attended a mediation at which the lawsuit was resolved. As is often the case, the formal paperwork was not completed at the mediation.

Two days after the mediation the former employer . . . [more]

Posted in: Case Comment

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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