Canada’s online legal magazine.

Pulled in Both Directions

I thoroughly enjoyed attending this year’s CALL conference in Moncton. It was especially interesting to see and hear about some of the new products and services developed by the English legal publishers.

The Incorporated Council of Law Reporting (“ICLR”) is a non-profit that publishes the official law reports for England. For reported decisions, they include links not only to the cases cited, but also to cases cited in the argument.

Justis is an English publisher of unreported judgments; their product Justcite has a fantastic new feature that shows the treatment of cases: a circular visualization of the . . . [more]

Posted in: Legal Publishing

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. University of Alberta Faculty of Law Blog 2. Excess Copyright 3. Legal Sourcery 4. Éloïse Gratton 5. Rule of Law

University of Alberta Faculty of Law Blog
Waiving Privilege by Putting State of Mind in Issue

In this video blog, I explore some common issues that arise when a . . . [more]

Posted in: Monday’s Mix

The Other Legal Professionals

Love may be the answer, but it may not be in the form of a lawyer.

As the legal profession struggles to reinvent itself and restructure how services are being provided, other legal professionals are being created in parallel. The State of Washington recently licensed its first batch of “Limited License Legal Technicians (LLLTs),” the first of its type in the country, though several states have already indicated they may follow their lead.

The Washington State Bar Association defines LLLTs as individuals who,

…are trained and licensed to advise and assist people going through divorce, child custody and other family

. . . [more]
Posted in: Education & Training, Justice Issues

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.

CONCURRENCE (LOI SUR LA) : Le pouvoir exclusif de la Cour supérieure lancer un mandat de perquisition suivant l’article 15 de la Loi sur la concurrence ne lui confère pas le pouvoir exclusif de modifier toute ordonnance de mise sous scellés par rapport à l’information reliée au mandat.

Intitulé: Presse . . . [more]

Posted in: Summaries Sunday

Summaries Sunday: OnPoint Legal Research

One Sunday each month OnPoint Legal Research provides Slaw with an extended summary of, and counsel’s commentary on, an important case from the British Columbia, Alberta, or Ontario court of appeal.

A.A.A.M. v. British Columbia (Children and Family Development), 2015 BCCA 220

AREAS OF LAW: Family Law Act; Best interests of the child; Guardians

~It is unfair to say that a parent does not regularly care for a child for the purposes of determining guardianship under s. 39(3)(c) of the Family Law Act, when the Director of Adoption and the courts control that parent’s access to the child.~ . . . [more]

Posted in: Summaries Sunday

On the Eve of the Referendum – a New Dispatch From Our Greek Correspondent

It’s early Sunday morning in Greece, but Peter Carayiannis of ConduitLaw in Toronto is up late writing a dispatch from the front lines

Postcard from Greece – A Nation Holds Its Breath

As I write this, it is late Saturday night. Tomorrow is the day of Greece’s referendum. After a tumultuous week that started last Sunday when PM Tsipras & Co. abruptly ended negotiations with European counterparts we are now on the eve of the most important vote in modern times for Greece.

Ultimately, this is a referendum not just on the ongoing chronic economic catastrophe that has been the . . . [more]

Posted in: Miscellaneous, Substantive Law: Foreign Law

From Our Own Correspondent – a Canadian Lawyer in Greece

An unusual post today. Peter Carayiannis, whose Toronto firm Mitch Kowalski and Doug Jasinski have blogged about, is currently in Northern Greece, where he is a first hand observer at a momentous stage in modern Greek history.

He has been sending selected friends his notes on what he is seeing – and how it feels to be on Greek streets, as the population faces Sunday’s referendum on whether to accept the conditions of further economic aid, or go it alone, and exit the Euro.

Here is what he’s been seeing:

Greece – With Its Toes Over a Cliff . . . [more]

Posted in: Miscellaneous, Substantive Law: Foreign Law

The Friday Fillip: Snark Hunt

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 18
Snark Hunt

“It’s murder.”

“Take it easy, Nancy. Simmer down.” Ronnie Dabord moved the plastic stirring stick through his coffee in desultory circles.

Tomasini, wired as usual, said in a rush, “Dr. Mukhuti took

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

Adjudicators in the Community: New Frontiers in Apprehension of Bias

Justice Sopinka famously said (in 1989) that judges are not monks (although he should also have said nuns) and can have a role to play in their communities. He was writing in the (mostly) pre-internet era, where social interaction within communities was largely hidden from public view. With the prevalence of the internet, community involvement of judges and adjudicators has become more transparent. Two recent court decisions help to illustrate different views on how adjudicators can engage in their community — both in-person and virtually — and may help to focus a public discussion on reasonable limits to social media . . . [more]

Posted in: Dispute Resolution

LawNow Special Report: Self Represented-Litigants

In the most recent issue of LawNow, a publication of the Centre For Public Legal Education Alberta, there is a “Special Report” on self-represented litigants.

It includes 3 articles:

What Self–Represented Litigants (Actually) Want by Sarah Burton, a lawyer with the Alberta Civil Liberties Research Centre in Calgary: “Countless reports, working groups, and studies have asked this question, and reached diverse and creative conclusions. However, these papers often share one critical failing: none of them actually ask SRLs what they think. Enter the Self-Represented Litigants Project (Dr. Julie Macfarlane, “The National Self-Represented Litigants Project: Identifying and Meeting . . . [more]

Posted in: Justice Issues, Practice of Law

Privilege for Patent and Trademark Agents

More changes are coming to intellectual property legislation as part of the latest federal budget announcements. Changes have been announced for the Patent Act, the Trade-marks Act, the Copyright Act and the Industrial Design Act.

These changes follow an overhaul of the intellectual property legislation last year (see previous article) to make Canada’s legislation more consistent with international treaties. The implementing regulations from last year’s changes are still being developed with implementation not expected until late 2016.

The latest changes were announced in the Budget in April 2015 and the specific proposed amendments included in . . . [more]

Posted in: Intellectual Property

Be Heard: The Ontario Ministry of Labour Wants to Hear From You!

Public consultations commenced in Toronto on June 16th as part of the Ontario Ministry of Labour’s (“MOL”) implementation of the Changing Workplaces Review, and are expected to continue throughout the summer until mid-September.

The Changing Workplaces Review was announced earlier this year as part of MOL’s mandate to increase protection for workers and create a support environment for businesses to thrive. The review will consist of public consultations in regions across Ontario to address the changing nature of the modern workplace. The consultations will focus on potential amendments to the Labour Relations Act, 1995 (“LRA”) and the Employment . . . [more]

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