The Canadian Bar Association has undertaken an update of the Joint Policy Statement on Audit Inquiries (“JPS”), in collaboration with the Auditing and Assurance Standards Board. An auditor of an entity’s financial statements will often request that its lawyers confirm the reasonableness of the entity’s evaluation of claims and possible claims both by and against the entity. The JPS was developed in 1978 by the CBA and (then) CICA to provide guidance on communication protocols between the auditor, law firm and management of the entity, in order to protect solicitor-client privilege and keep an appropriate distance between the auditor and . . . [more]

Prepared by
Laverne Jacobs, PhD
Associate Professor
Director of Graduate Studies
University of Windsor, Faculty of Law

Hi Everyone,

it’s with great pleasure that I’m writing to announce that the Windsor Yearbook of Access to Justice has become an open access journal.

Our first open access issue (31(1)) became available last week. The move to open access was initiated by an editorial team of our colleagues over the past few years, along with Yearbook coordinator, Vidya Balachandar. The initiative was led by former Editors-in-Chief, Reem Bahdi and Myra Tawfik. Here is a link to issue 31(1): http://ojs.uwindsor.ca/ojs/leddy/index.php/WYAJ

The Yearbook’s move . . . [more]

The other Arab world. Not the masked, Kalashnikov wielding crazies the media treats us to each day. But highly educated, global citizens that are passionate about innovation in government. There are times you see very pointedly that you are being brainwashed.

The impressive three-day Government Summit that the government of the United Arab Emirates (UAE) annually organises in Dubai is a Davos style combination of large plenaries, cosy workshops, and ‘experience-it’ expositions. I was there last week. The crowd is decidedly international, but it’s refreshing to walk around in a definition of ‘international’ in which ‘Western’ is a very small . . . [more]

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. R. v. Armitage, 2015 ONCJ 64

[2] Before I get to this, I would like to make two short comments. First of all, I want to say something about the style of this decision. For those who have read some of my past judgments, the reader may notice a change. For Jesse Armitage, I have tried to say what I wanted . . . [more]

When the Uniform Law Conference of Canada decided, back in 1993, to address the legal effect of electronic communications, it started with the law of evidence. See 1993 Proceedings of the Uniform Law Conference of Canada, Appendix G, pages 34-35, 198 – 206. It was clear even then that more and more information intended to have legal consequences was generated, communicated and stored by electronic means. If the legal consequences were to be properly adjudicated, the information had to be capable of being put before the adjudicators.

The question was thought to be of interest both to barristers, who . . . [more]

By March, those of us who create personal practice development goals usually know what we need to accomplish by year-end (usually). We also know how easily the best intentions can derail as the year progresses.

There are as many excuses to stop working towards long-term goals as there are distractions. Busy-work makes us feel productive. As Leigh Buchanan points out in a recent article in Inc. magazine, it’s also a trap.

Proven techniques help the dispirited stay on track. Why not try a few and see if they would help?

Prioritize
What matters most to your practice? Your practice . . . [more]

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.

Technology

Why You Should Consider Banking at Two Banks or Financial Institutions*
Dan Pinnington

With purses or wallets full of debit and credit cards, and all sorts of options for electronic payments and web-based banking, most of us have moved away from being reliant on cash. And most of us do all our banking at single bank or credit union. There are some benefits to doing your banking electronically, but . . . [more]

A recent decision from Ontario’s Divisional Court serves as another reminder for real estate agents to get their Buyer Representation Agreements in writing. In this case, it cost the buyer’s alleged agent $7,192.50 in commission.

The transaction related to a shopping plaza which included a gas station and convenience store. The property was listed by Remax.

An agent for Realty Canada Inc. (“Realty”) had placed an advertisement about the plaza in the Business Exchange magazine. As a result of the advertisement, the agent received a telephone call from a potentially interested buyer. This potential buyer visited the plaza and made . . . [more]

You have 20 years of practice and a single paragraph biography? Really? You’re not making this easy for me.

I heard your name at a recent meeting and thought we could use your expertise to resolve an issue we’re struggling with. I found your firm website, but didn’t learn enough about you or your services to take the next step and contact you. I’ll dig a little further and see what I can find online about you. Oh, wait. There’s someone else who can help us … they know our business and have listed some of their experience. Perfect. I’ll . . . [more]

We’re about five years away from a demographic tsunami—that forecast point in time when 25% of Canadians will be 65 or older. Standing in the shallows, you can already feel the sucking silence. Every institution senses the water being drawn out from around its feet. They are all bracing for the shuddering power of change when that wave hits.

Much hand-wringing is occurring over how our economic apparatus will handle this surging demographic threat, but there is also a broader social component emerging. I’m referring to the emerging awareness and everyday discussions around significant “end-of-life” issues, such as the ones . . . [more]

Lawyers in all areas of practice continue to be the frequent targets of bad cheque scams. These scams involve debt collections, business loans, IP licensing disputes or spousal support payments. While it appears Ontario lawyers are increasingly aware of these frauds, occasionally some are being duped into disbursing funds on a bad cheque they have deposited in their trust accounts.

Don’t be complacent and think you will never be fooled. These frauds are getting ever more sophisticated. The matters will look legitimate, the fraudsters will be very convincing and the client ID and other documents you receive will look real. . . . [more]

Monuments are our memories rendered in stone. Those memories are a contested amalgam of memory, history, identity, politics and the power to publicly replicate that vision. This is made powerfully evident by the discussions related to the establishment of a Monument to the Victims of Communism to be established in the Judicial Precinct of our National Capital. Its location, in front of the Supreme Court of Canada building, will convey the message that the most important element of our national and legal history is one that is not about Canadian state action, did not take place on Canadian soil and . . . [more]