In my previous post, I identified a number of themes that weaved their way through the sessions I attended at the annual conference of the International Legal Technology Association (ILTA) in August. I did note, however, that one session, entitled Do Robot Lawyers Dream of Billable Seconds?, was particularly provocative. I therefore opted to devote a full post, namely this one, to that one session.

The panelists were (in alphabetical order) Stuart Barr of High Q, Joshua Lenon of Clio, Michael Mills of Neota Logic, and Noah Waisberg of Diligence Engine. The panel was . . . [more]

On the eve of Justice Louis LeBel‘s retirement, the PMO has announced his replacement. A Gaspésienne. A woman. A litigator in private practice at Osler’s Montréal office. Suzanne Côté. In every way a safe appointment, which has already been warmly received, and which raises none of the delicate difficulties of the previous announcement concerning Justice Marc Nadon. The timing is interesting on a day when all eyes are on Pierre Karl Peladeau announcing that he’ll run – and Doug Ford saying he won’t. This story may get lost.

The announcement stated:

« Je suis ravi d’annoncer la nomination

. . . [more]

It is discriminatory for employers to deny parental supplemental employment benefits (top-ups) to birth mothers because they receive pregnancy benefits. So said the Supreme Court of Canada in its unanimous oral decision from the bench on November 12, 2014, agreeing with the British Columbia Teachers' Federation.

The Law Society of Upper Canada is again in the news. This time, the focus is on the recently released Consultation Paper entitled Addressing Challenges Faced by Racialized Licensees. An article in the Toronto Star has called the report “blunt” and characterized it as “containing disquieting findings.” Another piece in the Law Times, titled “Non-white lawyers feel alienated, report finds” details a variety of the report’s findings and highlights LSUC’s invitation for input.

This media attention is no doubt a positive thing. The Consultation Paper confirms what many have been saying for years: “racialization is a constant and persistent . . . [more]

Via Archive-It, the Internet Archive is building a comprehensive collection of information and discussion related to the August 2014 police shooting death of Michael Brown in Ferguson, Missouri.

The project partner responsible, Internet Archive Global Events, comprises the Archive-It team in collaboration with other partners. The Internet Archive invites the public to suggest specific content—news articles, blog posts, other social media, and more—for the collection by submitting the relevant URL, or seed. I’m sure the legal commentaries on federal and state grand juries and indictments, including contrasts with Canadian criminal process, published this week will make useful content.

Help

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The annual Isaac Pitblado Lectures are coming up in a couple of days and will focus attention this year on issues in access to justice. The agenda is filled with thought-provoking and intelligent discussions led by some very smart people on how we move forward on these issues.

The Honourable Mr. Justice Thomas Cromwell will open the Lectures on Friday, speaking about the culture shift that is necessary if the legal profession is to get a handle on ensuring access to adjudication of disputes through the courts. He’s followed on the agenda by Professor Trevor Farrow talking about the decision . . . [more]

I’ve had some time to reflect on the CASL software provisions as interpreted by the CRTC . As I’ve said before, the CASL software consent provisions are tortuous and unclear, and if taken literally could cause huge problems for the software industry. The CRTC has tried to interpret them in a way that aligns with the intent of stopping people from installing malware on computers. While the CRTC interpretation may not line up with the act, we basically have to work within it for the time being. (Lawyers advising clients would be well served to include caveats that we . . . [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. Wills, 2014 ONCA 178

[26] Counsel for the appellant submits that the evidence could not reasonably support a finding that the appellant was one of the perpetrators. Counsel maintains that, without that finding, the appellant could not be convicted on any of the charges.

[27] Jury verdicts are regarded as the gold standard in criminal law. However, as with . . . [more]

Does the public interest in environmental protection allow the sacrifice of the innocent? The Ontario Ministry of the Environment and Climate Change, and the Environmental Review Tribunal, think it does.

Few people, however innocent, can afford to appeal environmental orders, if they must also comply with the order throughout the appeal, with no prospect of recovering the funds even if the order is found to be illegal. A recent decision of the Ontario Environmental Review Tribunal (ERT) shows how difficult it has become to obtain a stay pending appeal of environmental orders in Ontario, with no immediate prospect of improvement. . . . [more]

“Is anybody out there?” Have you ever looked at your website traffic or social media engagement statistics and wondered if you’re all alone in cyberspace?

The good news is that you’re not alone. Most of your colleagues have probably asked the same question. The bad news is that you’ll need to move beyond your comfort zone if you want to break away from the silent online majority.

Why Engagement Matters
There are two perceptions of you as a lawyer: who you are and what you do. It’s easy to publish a list of what you do on a webpage. But . . . [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

Back up before you install updates to avoid data loss*
Dan Pinnington

It is very important to remember that installing updates can unintentionally interfere with the way your computer/device or individual programs/apps on it operate. It is possible that a program/app may not operate properly or at all, that data could be lost, or that a device will fail to restart after an update is installed. Creating a restore . . . [more]

The Law Society of Upper Canada’s (LSUC’s) “alternative business structures” proposal (the ABS proposal in its Discussion Paper)[i] will bring about a critically important and worrying change to the practice of law in Canada. Therefore all of Canada’s lawyers should consider the following three categories of factors when questioning candidates for all Bencher elections, particularly the April 30, 2015, Bencher election in Ontario:

A. Such proposals are particularly vulnerable to a questionable initiation process and subsequent use because:

1. They are not subject to the established methods of prevention and discipline, i.e., by: (a) legislation; (b) the regulator (the

. . . [more]