Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Be Careful What You Wish For? Terrorism Prosecutions in Post-9/11 Canada

Kent Roach, Professor and Prichard Wilson Chair in Law and Public Policy at the University of Toronto | antiterrorlaw.ca
(2014) 40:1 Queen’s LJ 99

Excerpts: Introduction and Part I

[Footnotes omitted. They can be found in the original via the link . . . [more]

As I put together another Sinch Online Legal Services Conference to be held in May in Sydney, I reflect on how much things have changed with respect to IT and Law in just the last 12 months. Similiarly, a visit to an Apple Store also has an affect on me, but there is uncertainty as to which is greater: amazement at what is possible, and affordable, today; or the fact that there was so much opposition to the “bleedingly obvious” by so many, for so long.

The feeling that one lives in the age of the most rapid technological development . . . [more]

Both Canadian law and American law, through their uniform e-transactions statutes, give a wide definition to ‘electronic signature’ – being essentially any information in electronic form in or associated with a document with an intention to sign the document.

The ‘intention to sign’ requirement aimed to ensure that the same mental element was required for an e-signature as for a handwritten signature.

A recent California Court of Appeal case, J.B.B. Investment Partners v Fair, held that a person who typed his name at the bottom of an email saying ‘ I agree’ to settlement agreement sent to him by . . . [more]

Let’s be careful out there.  We have all received fraudulent emails or phone calls. To reduce the chances of being a victim, here is a Global News article on the Top 10 scams to watch out for this Fraud Prevention Month, and Tips to Protect Yourself from Fraud from the Competition Bureau.

MasterCard offers the following tips for credit card security:

Today 88% of face-to-face transactions in Canada are Chip & PIN or contactless, and thanks to the layers of security built into the MasterCard network, Chip & PIN and contactless are safe and fraud rates for Canadian face-to-face . . . [more]

“Just what does it take to get disbarred?” That’s been one of the conversations ongoing this week with law students at Legal Help Centre.

At Legal Help Centre, we provide experiential learning for law students and articles for law graduates. Much of the clinic work is training for law practice. This includes training in substantive law, court procedures, client relations, document management, and of course, ethics and professional responsibility. We work hard to ensure the students that come through our programs learn about competent lawyering with an emphasis on client service and professional integrity.

It was in this context . . . [more]

Adjudicators all come from somewhere and sometimes those past lives can intrude on the adjudication process. Parties who raise issues of conflict of interest based on a past role of an adjudicator usually frame that objection as an allegation of an apprehension of bias.

The test for reasonable apprehension of bias is well known. I have written about bias in the context of active adjudication previously. The legal test for a reasonable apprehension of bias is whether an informed person, viewing the matter realistically and practically and having thought the matter through, would think that it is more likely . . . [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. The Hearing Clinic (Niagara Falls) Inc. v. 866073 Ontario Limited, et al., 2015 ONSC 1177

[1] We have a marvellous legal system in Ontario. Anybody is permitted to walk into a courthouse and commence a civil law suit about anything. The court will patiently provide all of the time and services reasonably (and, sometimes, unreasonably) necessary. The matter may go on . . . [more]

The Ministry of the Attorney General is considering an online dispute resolution (ODR) system for dealing with some provincial offences, mainly traffic offences to start.

The system would rely on administrative monetary penalties rather than judicially-imposed fines. The consultation document talks about how someone with a ticket could challenge it online, as well as finding out more about how the process works.

Here is a useful table showing the major changes.

Feel free to participate in the consultation, or to say what you think of it here, or both. . . . [more]

In four preceding articles I have described the idea behind becoming a very highly valued five-tools project manager, ready to manage each of the five progress factors:

• Manage the project, starting with the project charter (discussed in the previous article).
• Manage the client, starting with the Conditions of Satisfaction.
• Manage time, starting with the Off Switch.
• Manage money, starting with budgets.
• Manage the team, starting with assigning tasks accurately.

Let’s look this month at a core tool for managing your most precious resource. You can take control of your time via the Off Switch.

Overview

Consider the following somewhat typical . . . [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

Use the Spacebar to Jump Down One Screen While Browsing
Dan Pinnington

Most of us spend many hours a day browsing the Web. If you are reading an article, or scanning through a long page, it is a pain to reach for the mouse and use the scroll bars, and hitting the down cursor key will only move you one line at a time. Not very fast or efficient…. . . . [more]

That’s the feeling of Jason Boehmig (president and CEO of Ironclad Inc.) who has teamed up with Ron Dolin (co-founder of Stanford University’s Program for Legal Technology & Design) to teach a new course on legal technology and informatics at Notre Dame Law School.

“The course introduces students to the practical and ethical issues relating to the newest legal technologies and their potentially revolutionary effect on the practice of law. Surveying topics ranging from how to pair technology with legal functions, legal technology startups, law practice management software, and the use of technology to increase access

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. Avoid A Claim Blog 2. Family Health Law Blog 3. Rule of Law 4. DroitDu.net 5. First Reference Talks

Avoid A Claim Blog
From Crisis to Innovation: 20 Years of LAWPRO Professional Liability Insurance

Twenty years ago, an investigative task force appointed by the Law Society of Upper Canada . . . [more]