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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. Ontario Condo Law Blog  2. Youth and Work 3. Michael Geist  4. Combat Sports Law  5. Rule of Law

Ontario Condo Law Blog
A reasonably prudent director

Condo directors in Ontario are expected to exercise a certain degree of attentiveness, caution and prudence while carrying out their duties. This . . . [more]

Posted in: Monday’s Mix

Robots and the Law

In my previous posting, Automation in the Legal Market, I discussed the issue of automation vs. augmentation, where I touched upon the issue of the potential changes that might flow from the entry of IBM Watson into the legal sphere with the ROSS search engine. While the issue of automation is one that has been discussed from time to time over the last few years, there has been an explosion of articles in the last while that have addressed the automation and artificial intelligence (AI) robots, either directly or tangentially.

On LinkedIn, Patrick DiDomenico published a posting entitled . . . [more]

Posted in: Legal Technology

A Meaningful Mediation Avoiding Remedial Costs

The issue of remedial costs, previously discussed here, posed one of the few checks on the growing power of insurance companies in Ontario for motor vehicle collisions.

The Ontario Court of Appeal recently released its decision in Ross v. Bacchus, reversing the trial judge’s award of remedial costs against the insurer for failing to comply with its obligations under the Insurance Act. Justice Doherty stated,

[51] Insurers, like any other defendant, are entitled to take cases to trial. When an insurer rejects a plaintiff’s offer and proceeds to trial, the insurer risks both a higher damage award

. . . [more]
Posted in: Substantive Law: Judicial Decisions

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) : Si la juge avait correctement qualifié les délais et tenu compte du faible préjudice subi par l’accusé ainsi que de sa large part de responsabilité dans les délais, un arrêt des procédures n’aurait pas été prononcé; par conséquent, l’appel est accueilli et la continuation des procédures est . . . [more]

Posted in: Summaries Sunday

It’s Not Just Them: The Social and Economic Consequences of Family Conflict

Busy family law lawyers, myself included, live in a bubble of immediacy, a shroud of crisis that moves with us as we go forward in time and cross entry after entry off our calendars. This often has two consequences. First, it discourages us from enquiring into the past, into the roots and evolution of the law on domestic relations, for example, or the delightful but sadly defunct matrimonial torts, and from seeking to decipher the meaning of important statutory passages such as this:

Subject to this Act, a guardian of the estate of a child has all powers over the

. . . [more]
Posted in: Justice Issues

The Friday Fillip: Carom

For the next while the Friday Fillip will be a chapter in a serialized crime novel, interrupted occasionally by a reference you might like to follow up. 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 12
Carom

Mitman stuck his head around the office door. “I’ve checked the timing on the alarms and lights and all, and it’s fixed.”

Rangel didn’t look up. “I know. You’ve told me twice

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

E-Laws Discontinues the Detailed Legislative History Tables – Sign Our Petition Today!

As you may have heard, during the recent E-Laws website migration, the decision was taken to discontinue producing the Detailed Legislative History Tables.

In 2002, Ontario stopped publishing the Table of Public Statutes in the Statutes of Ontario. Instead the SO directed users to E-Laws for these tables moving forward.
The Table of Public Statutes has been published since 1877 as an important historical legal research tool.

Now the tables have been discontinued outright, however the E-Laws team has not yet devised a solution to take its place.

Accordingly, I have prepared a letter and petition to the Ontario Attorney . . . [more]

Posted in: Legal Information, Legal Information: Libraries & Research, Legal Information: Publishing

Law Firm Succession Planning – Is the Client Too Often the Forgotten Variable?

Recently, I’ve been spending a lot of time with clients helping them with Succession Planning. To put it bluntly, it appears that succession planning is an “issue” for the industry. This shouldn’t come as a surprise to anyone since the youngest of the Baby Boomers will be passing the age of 50 in 2015 (and the oldest will turn 69). The pressures of succession planning can be felt on the shoulders of law firm senior management and they are trying to find solutions – fast.

But are they looking for solutions in all the rights places? I’ve been included in . . . [more]

Posted in: Legal Marketing

Web Site Accessibility Standards in Ontario

The Regulation on Integrated Accessibility Standards under the Accessibility for Ontarians with Disabilities Act (AODA) provides, in s. 14, that ‘large organizations’

‘shall meet the requirements of this section in accordance with the following schedule:
1. By January 1, 2014, new internet websites and web content on those sites must conform with WCAG 2.0 Level A.’

Are your clients or other large organizations you know of complying with this obligation? Have they sought your advice on how to comply?

I ask not in order to send in the forces of order (‘not my department’, as we say in government), but . . . [more]

Posted in: Substantive Law: Legislation, Technology: Internet, ulc_ecomm_list

You Can Vote for the 2015 Harper Lee Prize for Legal Fiction

Members of the public have until Friday, June 5 at 11:59 p.m. to vote online for the winner of the 2015 Harper Lee Prize for Legal Fiction.

The prize, which is sponsored by ABA Journal and the University of Alabama School of Law, is intended to recognize a work of fiction that best exemplifies the role of lawyers in society.

The three finalists this year are:

There is a judging panel of four:

  • Roy Blount Jr., author and
. . . [more]
Posted in: Justice Issues

When Unions Fight

Headlines get made when employers and unions wage labour war. Teachers fighting provinces, police officers fighting cities and postal workers fighting Canada Post all make for great news. Inter-union fighting makes less noise but is also fascinating when it ends up before labour tribunals. A recent case provides a great example of what happens when unions “raid” each other (“raiding” is when one union attempts to sign up members represented by another union).

The story seems to start here, with the International Association of Machinists and Aerospace Workers (IAMAW) talking to its membership (Toronto area airport screeners) about . . . [more]

Posted in: Case Comment, Substantive Law: Judicial Decisions

WSIB Proposing Significant Changes for Employers

Ontario’s Workplace Safety and Insurance Board (WSIB) is proposing significant changes to the employer Rate Group Classification System and premium rate-setting processes. Consultations are underway, and the board expects to start implementing the proposed changes starting in 2018, with full implementation by 2021. The “Proposed Preliminary Rate Framework” aims to simplify the system and make it fairer. . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

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