The Court of Appeal in England has upheld a 2014 decision against Google about its scraping of information from users of the Safari browser. It classified a privacy action as a tort that will support a class action (called a ‘group action’ there) and also service out of the jurisdiction. The Court allowed the action to proceed without proof of pecuniary damages. It also held that ‘browser generated information’ (BGI) was personally identifiable information to which the Data Protection Act applied, though it did not contain the name of the person using the browser.

Google v Vidal-Hall : [2015] EWCA . . . [more]

Courthouses across the GTA, Canada’s most populous region, are already overwhelmed. Under particular strain are the suburbs of Toronto, which have exploded in population over the past few decades, with few corresponding increases in services.

One particular courthouse is in Brampton, where the Ministry of the Attorney General has announced they will build a 3-story expansion. The expansion will not be completed until December 2017, and that time both the bar and the bench appear to be alarmed.

Justice Van Melle, former Regional Senior Justice for Ontario’s Central West court region, took the unusual step of writing a letter to . . . [more]

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:
Real Property Tax – Criminal Law – Evidence

Saskatoon (City) v. North Ridge Development Corp. 2015 SKCA 13
Real Property Tax
Summary: The City of Saskatoon applied for leave to appeal two decisions of the Assessment Appeals Committee pursuant to s. 33.1 of the Municipal Board Act. Both decisions concerned the same land owned . . . [more]

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) : L’incompétence manifeste de l’avocat de l’accusé, qui porte atteinte à la présomption de compétence généralement reconnue aux avocats, fait en sorte que la tenue d’un nouveau procès s’impose.

Intitulé : Agnant c. R., 2015 QCCA 465
Juridiction : Cour d’appel (C.A.), Montréal, 500-10-004555-106 et 500-10-004672-109
Décision de . . . [more]

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.

Now you may also subscribe to have the chapters delivered to you by email.

MEASURING LIFE
 
Chapter 4
Relating

All law, with the exception of animal cruelty laws, concerns the interaction of human social groups ranging in scale from the individual to the state, either for the purpose of regulating those interactions or providing remedies when things go awry. It’s the humanness of these interactions which makes the law as complex as it is, family law especially so; we are messy, irrational creatures with priorities, goals and emotions that are highly variable and difficult to predict.

It seems to me that the contortions into which family law twists itself largely result from efforts to address, accommodate and anticipate the . . . [more]

Recently, the Virginia State Bar Council voted to adopt changes to the Model Rules of Professional Conduct. The changes were based on the American Bar Association’s modifications to the Comments of Rule 1.1 respecting Competence (“…a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with technology…”) and Rule 1.6 respecting Confidentiality (“(c) A lawyer shall make reasonable efforts to prevent the unintended disclosure of, or unauthorized access to, information relating to the representation of a client.”)

What’s reasonable? The Comments go on to list relevant factors:

1. the sensitivity of

A Canada Revenue Agency employee’s moonlighting activities constituted a serious conflict of interest and, along with his subsequent insubordination, gave the employer sufficient cause to terminate the employee, the Public Service Labour Relations and Employment Board recently confirmed in Cavanagh v Canada Revenue Agency. . . . [more]

When I taught a course on legal information last summer appropriate dress in a legal environment was a topic of some interest to those starting their careers. And as I find recent conversations about feminism and clothes to be quite interesting, I thought I would write out my thoughts in more detail.

There is reasonable concern about the different ways women and men are discussed and judged in relation to what they wear, and there are certainly biases observed in the ways they are treated. While I have observed that men do get a certain amount of the benefit of . . . [more]

If you’ve worked in a law firm long enough, you’ve probably been assigned work in a way that left you confused (if not annoyed). When it’s time to delegate your own work, it can be a mistake to default to the delegation style that you’ve become used to, assuming that it’s effective.

That assumption might be wrong if you’re working with new people, clients and/or matters. Try asking the following questions when you need to enlist help with a task. They involve people in taking responsibility for their work and they show respect for others’ expertise.

1. What is the best

In the days of electronic access, judicial decisions (and sometimes other court records that have always been public in principle) no longer benefit from practical obscurity. Court have had to wrestle with the consequences of this, including tailoring the way decisions are written to reduce the amount of personal information they contain.

The Canadian Judicial Council has published material on this, as have the federal and state courts in the US.

Recently a US lawyer proposed that databases of court decisions should block search engines from indexing the decisions – a block that is very easy to implement, with a . . . [more]

New TLDs (top level domains) continue to become live. There are hundreds to choose from. Gone is the day that there were only a handful, and a business could tie them all up for their corporate name and brands.

Also gone is the day that they are all inexpensive. Some of the new TLDs command a premium price. A .lawyer TLD, for example, costs US$6500. A .guru domain is a bargain at US$29.

This Yahoo article talks about the .sucks TLD, which will be in the sunrise period on March 30, and generally available 60 days later. Some think . . . [more]