Canada’s online legal magazine.

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. Michael Geist  2. SOQUIJ  3. Clio Blog  4. Canadian Privacy Law Blog  5. Legal Post

Michael Geist
Why the New Canadian Telecom Transparency Rules Fall Short

Canadians have become increasingly troubled by reports revealing that telecom and Internet companies receive millions of requests for subscriber data from a wide . . . [more]

Posted in: Monday’s Mix

Summer Updates: MOOCs, Congress.gov and UELMA

Summer is just beginning and I have a little extra time to follow up on some of my earlier columns. As usual I am focusing on open access resources for the frugal learner and researcher. I wrote about massive open online courses (MOOCs) two years ago and have been taking these free courses ever since.

My favorites so far have been the University of California at Berkeley’s Science of Happiness and Harvard University’s Poetry in America series. I most recently completed Poetry in America: Emily Dickinson. Both of these courses are offered by edx and I recommend them as . . . [more]

Posted in: Legal Information

The Cultural Shift Observed Post-Hryniak

The SCC’s decision in Hryniak v. Mauldin last year was expected to foster a cultural shift on the effective use of judicial resources, in particular in areas like Toronto where courts are cluttered with arguably needless motions. Justice Karakatsanis stated,

[2] Increasingly, there is recognition that a culture shift is required in order to create an environment promoting timely and affordable access to the civil justice system… [3] Summary judgment motions provide one such opportunity…

[5] To that end, I conclude that summary judgment rules must be interpreted broadly, favouring proportionality and fair access to the affordable, timely and just

. . . [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 S.C.C. will soon be dealing with) (June 11-July 9, 2015 inclusive).

Appeals

Contracts in Québec: Brokerage; Formation; Commission; Conditions; Warranties
Société en commandite Place Mullins v. Services immobiliers Diane Bisson inc., 2015 SCC 26 (35461)
Clarification as to the above-noted issues, and “[i] sum, the . . . [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:
Civil Rights – Barristers and Solicitors – Medicine – Professional Occupations – Criminal Law – Crown – Damage Awards – Quebec Responsibility – Evidence – Contracts – Insurance – Practice – Administrative Law – Education

Wong v. Grant Mitchell Law Corp. et al. 2015 MBQB 88
Barristers and Solicitors – Medicine – Professional Occupations . . . [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) : Non seulement le juge de première instance était en présence d’une suggestion commune mais, en outre, celle-ci n’était pas déraisonnable et il aurait dû l’entériner; par conséquent, l’intimé, qui en est à sa troisième récidive d’alcool au volant, devra purger 90 jours de prison tel que l’avaient . . . [more]

Posted in: Summaries Sunday

The Friday Fillip: A Crow’s Eye View

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 19
A Crow’s Eye View

A small town early on a fine fall morning. Friday.

A lone dog barking sporadically somewhere out past the abandoned Bethel granary. Wanting in. Wanting out. Either way pointing up

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

Therapeutic Interventions and the Alienated Child: Whose Interests Are We Serving, and How Are We Serving Them?

I’ve just finished writing a paper on alienated and estranged children for an recent seminar provided by the Continuing Legal Education Society of British Columbia, their tenth Biennial Family Law Conference. The paper’s subject matter has lingered with me, in particular certain concerns about the therapeutic options available to the court once alienation has been established.

I will assume that readers have at least a passing familiarity with the concept of parental alienation. Very briefly, a child’s relationship with a parent can be damaged, sometimes severed, as a result of the behaviour of the rejected parent, the behaviour of . . . [more]

Posted in: Justice Issues, Practice of Law

The Future of Digital Reading

Recently my daughter gave me a book by Naomi S. Baron titled Words on Screen – The Fate of Reading in a Digital World (2015 Oxford). Naomi Baron is Professor of Linguistics at American University in Washington, D.C.

In the U.S.A in 2013, 30% of the books sold were eBooks – page 207.

Professor Baron states “for romance, erotic fiction and mysteries or thrillers, eBooks were strongly preferred over print”. Page 232.

Baron argues that careful reading and careful thinking are the hallmark of higher education, and that such reading and thinking is better done in print. Baron states “the . . . [more]

Posted in: Legal Publishing

Bad Idea: Don’t Google How to Rob a Bank

Why Googling about how to rob a bank is not recommended is just one item in the June 2015 issue of the U.S. bulletin Connected.

The bulletin, which covers news about the impact of new social media on courts, is published by the Virginia-based National Center for State Courts and the Conference of Court Public Information Officers.

It is a great place to find out about how courts are trying to adapt to the world of Facebooking judges, tweeting witnesses, Instagramming lawyers, and jury members doing their own research on the Internet. Most items are American but they have . . . [more]

Posted in: Justice Issues, Technology: Internet

New! Meta Search of Open Access Law Journals!

Click here to try the new search engine!

I recently reviewed the growing list of open access law journals, and re-read Louis Mirando’s series on this topic:

Open Access, Free Access to Law and Access to Canadian Legal Scholarship (Part 2)
Published February 20th, 2014
Open Access, Free Access to Law and Access to Canadian Legal Scholarship (Part 1)
Published October 25th, 2013

He had provided a good list of open access law journal projects. We had snagged a few others as well.

In revamping our University of Windsor Paul Martin Law Library website, I realized that the list . . . [more]

Posted in: Legal Information: Information Management

Drama at the Quebec Bar Association: Bencher Suspended After Shoplifting Allegations

On July 3, 2015, Quebec lawyers found out that the recently elected (63% of votes) bencher of the Quebec Bar Association, Me Lu Chan Khuong, was suspended with pay from her duties by the board of directors of said association. . . . [more]

Posted in: Justice Issues, Practice of Law, Practice of Law: Future of Practice, Practice of Law: Practice Management

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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