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]

I somehow managed to miss the release of “The Top Technologies Every Librarian Needs to Know” when it came out last May. This Library Information Technology Association (LITA) guide was edited by Kenneth J. Varnum, Web Systems Manager at the University of Michigan Library. Varnum also contributed one of the papers and was responsible for gathering together the guide’s contributors.

He provides some context for the collection in his introductory remarks:

“In a landscape where tools and trends change in a heartbeat, how can a library technologist know what has staying power and might well

Last June I posted on how Canadian courts and creative counsel are using the Supreme Court of Canada’s decision in Hryniak v. Mauldin to improve access to justice by crafting procedures to bring cases to trial in a more efficient and cost effective way.

Last month in Letang v. Hertz Canada Myers J., invoking Hryniak, delivered a caustic attack on delay and the Toronto “motions culture” (see my post here – “Old Brain Thinking”).

The decision of Myers J. in Pinto v. Kaur last week, applies the Hryniak  “culture shift” in the context of costs.

Pinto was a  . . . [more]

The beginning of May marks the arrival of summer students in law firms. My firm, like many others, includes library training as part of the first week’s summer student orientation. Summering is often the first real exposure that law students have to legal research in a real world context, so it is important to ensure that the students have access to the information and the library tools they need to make the summer a success.

What do they already know?

Library training is a delicate balance between providing too much information and not enough. When designing training, we need to . . . [more]