As is apparent from the OTLA, and the many comments on my previous post, the upcoming Bencher elections in Ontario finally have an issue that has grabbed the attention of lawyers across the province: Alternative Business Structures.

While this issue may drive better voter participation in the April election, it has also greatly divided the profession in this province.

One can already see the huge generational rift among lawyers; those at the twilight of their careers fighting to retain a 19^th Century business model, while younger lawyers want to move the profession into the 21^st Century so as . . . [more]

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.

The Judicial Regulation of Lawyers in Canada

Amy Salyzyn
Dalhousie Law Journal, 2014, Forthcoming

Excerpt: Introduction and Part IV

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

Introduction

This article traces developments in lawyer regulation in Canada over the last forty years, with a focus on the . . . [more]

Fewer than 35 percent of workers in Ontario currently have a workplace pension plan. Coverage for workers in the private sector is even lower—only 28 percent are members of a plan. Several studies have shown that, due to the limited benefits provided by the Canada Pension Plan (CPP) and Old Age Security (OAS), significant numbers of Ontarians will not have sufficient savings to maintain similar living standards throughout their retirement years. As a result, the Ontario government has decided to establish a made-in-Ontario pension plan and to implement the federal government's Pooled Registered Pension Plan.

National magazine will host a debate on the first question at the Mid-Winter meeting of CBA Council in February. A panel of experts will outline the pros and cons to set the stage for a lively discussion about an issue that is far more complex than it seems. Is criminalizing marijuana only serving to clog the court system? What about the health risks of “normalizing” marijuana use? And would legalization really push the drug trade to the fringes by handing regulation of sales, quality and advertising to the government?

But beyond these core questions – and aside from the fact . . . [more]

Discussions of legal ethics and protection of information often don’t distinguish between confidential information and privileged information. The seminal case of Macdonald Estate v. Martin[i] provides a good example. As Justice Sopinka put it:

Typically, these cases require two questions to be answered: (1) Did the lawyer receive confidential information attributable to a solicitor and client relationship relevant to the matter at hand? (2) Is there a risk that it will be used to the prejudice of the client?

Of course, not all confidential information received by a lawyer in the context of a solicitor and client relationship is . . . [more]

In 1998, after five years in private practice, I took a job in public legal education and was soon thereafter introduced to the problems many people have in accessing justice, whether in terms of working effectively with their lawyers, finding a lawyer, paying for a lawyer, or trying to address legal issues without the assistance of a lawyer.

Since that time, I’ve continued to work and volunteer in the non-profit legal sector, frequently with a focus on providing increased access to justice, at least for the lucky few. Next month I’m moving into an interim position directing a pro bono . . . [more]

The Annual Consumer Electronics Show (CES) is under way in Las Vegas. Its a mecca for those into the latest and greatest and biggest and fastest and most innovative consumer tech.

For example, the latest in TV’s are 4K (4 times the resolution of HD) that are impossibly thin with tiny bezels. While the high end models are unaffordable, the improvements eventually become mainstream.

Trends include wearables (fitness still dominates) and the smart home (aka internet of things). Everything seems to be connected somehow – even teakettles. (Some might say that an internet connected teakettle belongs to the internet . . . [more]

In three 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 the client: the Conditions of Satisfaction.

Overview

Client or customer satisfaction, often called repurchase intent, is generally the most important long-term . . . [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. Sandu v. Fairmont Hotels and Another, 2014 ONSC 5919

[55] As mentioned above, the contents of the Midnight Log were circulated only within the circle of individuals within Fairmont who were its appropriate recipients. To that extent, the publication of the words complained of was contained.

[56] I accept that Sevillya was upset and embarrassed as a result of the publication. . . . [more]

In a series of initiatives, legislation addressing intellectual property is being amended. The Patent Act, the Trade-marks Act, the Copyright Act, the Industrial Design Act and the Plant Breeders’ Rights Act have been amended or are about to be amended. While most of the changes are procedural rather than substantive, the changes will likely have a lasting effect on Canada’s role in the international intellectual property system.

Many of the changes effect the filing requirements in Canada to standardize or integrate the process with international systems. For example, for trademarks, the Madrid Protocol allows an international trademark . . . [more]

. . . [more]

In late 2014, during a meeting of my firm’s technology advisory group, I recall skeptically saying something like: “What hacker is actually going to target a law firm. We don’t store client credit card data, there are multiple layers of security on our servers, on our files and for employee personal information, I mean really, we are not Target or Home Depot.” Other members of our group did not agree with me.

Boy, was I mistaken. On December 31, 2014 the Law Society of BC issued a Fraud Alert titled BC law firm’s computer system hacked by extortionist.

Notices

. . . [more]