Canada’s online legal magazine.

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. Equustek Solutions Inc. v. Google Inc., 2015 BCCA 265

[3] Google contends that the injunction ought not to have been granted because the application did not have a sufficient connection to the Province to give the Supreme Court of British Columbia competence to deal with the matter. It also argues that the injunction represents an inappropriate burden on an innocent non-party . . . [more]

Posted in: Wednesday: What's Hot on CanLII

The Bucket and the Water

As someone focused on process improvement and knowledge management I have a relationship with IT. In this case, I am speaking of IT as a group of professionals responsible for keeping the technology “lights on” in my organization. Often IT is called on to do more than keep the lights on. I have been spending time lately thinking about what it is that I ask of IT and whether my needs and expectations line up with the way that our IT groups is resourced. I have started asking myself if my need or expectation is the bucket (technology) or the . . . [more]

Posted in: Technology

Authenticating Electronic Petitions

Petitions are an ancient method for people to tell their government (king or Parliament) what they want, and what they don’t want. ‘The relief of grievances’ is a big part of their appeal over the years. Petitions are a way of being heard, if not quite a day in court.

The traditional petition was a list of names and addresses subscribed to the text of the demand or complaint, generally with each person’s signature. The signature gave some assurance that the names represented real people, so the number of names might indicate real support for the message.

It takes work . . . [more]

Posted in: Legal Technology

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

Legal Research Technology Concepts
Shaunna Mireau

Last week I posted about Legal Research Technology Skills. After reading Sarah Glassmeyer’s post on Slaw about The Future of Legal Practice and Technology for Law Professors. Today’s Tip is about technology concepts that I think are necessary for legal researchers. Concepts are things that a legal researcher should understand and have a rough idea of how they apply to legal research. … . . . [more]

Posted in: Tips Tuesday

MaRS LegalX Launch

I was at the spectacular MaRS space at College/University tonight for the launch of the Legal X “industry cluster” dedicated to stoking entrepreneurship in the world of legal services.

Before the presentations even began I was inspired by the physical plant. The vast light-filled glass and stone entrance. An enormous main floor auditorium. Airbnb’s offices are just outside its stunning high glass walls. Delicious food and wine circulated briskly among the 200 strong crowd. The whole place throbbed with energy.

Law Scout – a MaRS based legal tech start up demonstrated how they deliver fixed fee legal services to small . . . [more]

Posted in: Practice of Law: Future of Practice

Of Learning to Re-Think the CBA

We have 11 days left to re-think the Canadian Bar Association. No pressure at all. But if you want to help, put on your rethinking cap.

I don’t represent or speak for the CBA in any way, but last Friday I did take part in a “Re-Think” session held at a Richmond airport hotel. I at least feel sufficiently authorized to draw attention to the work being done—which is nothing less than a stem-to-stern review and, if necessary, a redefinition of what the CBA does.

The room was filled with a few dozen people: dedicated members of our . . . [more]

Posted in: Miscellaneous, Practice of Law: Future of Practice

Artificial Intelligence and Law

I did manage to get myself out to San Diego for the 15th International Conference on Artificial Intelligence and Law. As mentioned in my short introductory post about the conference in early May that ICAIL 2015 was took place from June 8-12 at the University of San Diego. The view from the elevated USD campus was spectacular and made spending time in the Joan R. Kroc Institute for Peace and Justice and surrounding gardens all the more pleasurable. Congratulations to the organizers for providing a well-run and fruitful conference.

When I think of artificial intelligence (AI) my thoughts . . . [more]

Posted in: Technology: Internet

Access to Justice: Limited Scope Representation

This article is by Ian Hu, Claims Prevention & practicePRO Counsel at LAWPRO

Increasingly, legal services are moving away from the full-service model. Outsourcing document review, e-discovery, and other discrete legal services are becoming more common-place. Small practitioners and larger firms alike can offer limited scope representation, or “unbundled” representation, which let clients pick and choose when they want to engage with a lawyer during the life of a transaction or litigation. Limited scope representation provides greater access to justice, as clients need not retain a lawyer for the whole life of a file, and can instead save money by . . . [more]

Posted in: Practice of Law

Sexual Harassment in Toronto’s Restaurants

Recently, allegations of sexual harassment in the kitchen of a trendy Toronto restaurant have ignited a dialogue about workplace harassment. While this doesn’t excuse it, industry veterans aren’t surprised by the complaint, saying that many of Canada’s restaurants have a workplace culture that is overwhelming male, close-knit, and full of sexualized banter.

The employee at the heart of the controversy says she was aware of the industry’s reputation when she accepted the job. “I just thought this came with the job and it was something I just had to overcome,” she reports.

In Ontario, sexual harassment in the workplace . . . [more]

Posted in: Substantive Law: Judicial Decisions

Back to the Future of Legal Publishing

The benefit that I gained, while participating with Jason Wilson and Gary Rodrigues in a session on the future of legal publishing at the Canadian Association of Law Libraries annual conference, was in learning more about the broad range of issues that both concerned and excited law librarians in their relationships with the major law publishers.

We had set out to explore questions of challenges and publisher responses to them, changing market structures and competitive factors, digital challenges impact on business models and how they need to be altered and who will be the winners and losers. These were . . . [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. Canadian Securities Law 2. BC Injury Law and ICBC Claims Blog 3. Vincent Gautrais 4. Slater Vecchio Connected 5. Off the Shelf

Canadian Securities Law
Cybersecurity issues: what directors need to consider

As we previously noted, many of our readers will be interested in following the new series of . . . [more]

Posted in: Monday’s Mix

Getting Smart on Crime Instead of Tough

Mandatory minimums. Mega prisons. “Tough” on crime.

These have been the hallmarks of the Federal government’s reform of the criminal justice system, but the policies have been more politically motivated than good policy or social science evidence. Canada’s crime rate has been the lowest since 1972, and the literature on law enforcement suggests these measures will actually make things worse.

The mandatory minimum provisions and removal of credit for time has already been challenged successfully in court. Courts in B.C., Nova Scotia, Ontario, and Northwest Territories have all found these provisions as unconstitutional, culminating in the Supreme Court’s decision in . . . [more]

Posted in: Case Comment, Justice Issues

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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