Canada’s online legal magazine.

Look to the Future by Looking Outside Our Context

In August 2014, the CBA published its final report entitled “Futures: Transforming the Delivery of Legal Services in Canada”.

In January 2013, the Futures Committee published a very comprehensive report entitled “The Future of the Legal Profession: Report on the State of Research”. This report summarized research conducted around the world by or about Bar Associations, Other Legal Associations, law schools, firms and legal futurists, articles, books, conferences and blogs. The methodology makes it clear that the focus was “the future of the legal profession and law firms”, access to justice and the role of bar associations. The . . . [more]

Posted in: Dispute Resolution

Jargon

Wired magazine has a regular column called “Jargon Watch” that defines terms relevant to existing and future tech and other issues. They are sometimes amusing, sometimes food for thought, sometimes telling of our culture. The November issue has some definitions I thought readers might relate to, including:

Rogeting: Using a thesaurus to disguise plagiarized writing. Such word substitution can thwart anti-plagiarism software, but the tactic becomes comically obvious when overdone, especially with contextually inappropriate synonyms. for instance: Rogeting “legacy networks” into “bequest mazes.”

Nearable: A smart, connected object that can share data about itself with a smartphone or computer. Retailers . . . [more]

Posted in: Technology

The Client Impact of Your Retirement

More than 10% of lawyers in BC are 65 years old or older, and that’s probably why a lot of you are discussing, or at least pondering, your own firm’s demographic composition and the necessity for successful planning.

A LSBC Benchers’ Bulletin states:

“Over 1,100 (or 10.4%) of the 10,700 practising BC lawyers today are 65 years old of age or older, compared to only 380 practising lawyers 65 or older in 2003 (4.2% of ­total). That’s an annual growth rate of 11.2%. There has also been a significant increase in the number of practising lawyers between the ages of

. . . [more]
Posted in: Legal Marketing

Wednesday: What’s Hot on CanLII

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., 2014 ONSC 5831

[3] I have found it impossible to articulate a helpful overview of this trial. Sitting atop the evidence here is like scaling a very, very high mountain only to find that, when one reaches the summit, one is too far from everything to see anything. . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Time for a CASL Check Up

Some of the dust kicked up during the stampede to comply with Canada’s Anti-Spam Legislation (CASL) has settled. In October, Ipsos released survey results showing that most Canadians are aware of the legislation and that they are taking advantage of it.

David Canton has published excellent commentary and practical advice regarding the legislation, which came into effect on July 1, 2014. Judging from discussions with clients and colleagues post-implementation, most compliance campaigns helped firms clean up their databases and wrangle administrative procedures. Although, some in-house marketers and administrative staff might still be recovering from the process….

Ipsos conducted the survey . . . [more]

Posted in: Practice of Law: Marketing, Practice of Law: Practice Management

Premier Wynne Calls for Review of Sexual Harassment Rules in Ontario

In the wake of the allegations regarding Mr. Ghomeshi, Premier Wynne has called for a review of sexual harassment rules in Ontario. While employees of broadcasters like the CBC generally fall under the jurisdiction of the Federal Canada Labour Code (and therefore Premier Wynne has limited power over the CBC), the situation has served as “lightning rod” for discussion – and probably one that is much needed. Before we discuss whether an overhaul is required, what’s the current state of the law? Currently, sexual harassment can be a criminal offence under the Criminal Code, an offence under . . . [more]

Posted in: Substantive Law: Legislation

Public Consultations

The law library team at my firm spends a good chunk of time monitoring legislation. It is our role to alert our colleagues, and in some cases our firm clients directly, with information about new legislation and changes to existing legislation. We like to be proactive so we also do our best to chase down “what is coming down the pipe”.

Rumours, innuendo, a couple of very good Alberta political watch newsletters and, increasingly, public consultations.

Public consultations are a way for government to ask before creating complex legislation that might be difficult to implement or enforce without significant voluntary . . . [more]

Posted in: Substantive Law: Legislation

Real Estate Agent Loses $120,000 Commission for Not Sending Simple Email or Letter

The Ontario Court of Appeal has overturned a trial decision costing a commercial real estate agent over $100,000 all because the agent failed to send a simple email or letter.

The facts of the case are relatively straight forward.

The vendor signed a listing agreement with Ariston Realty Corp. (“Ariston”). The listing agreement contained a holdover clause which provided that the vendor would pay Ariston a commission of 5% of the sale price in the event that the property was sold within six months after the expiry of the listing agreement to any party to whom Ariston introduced the property . . . [more]

Posted in: Case Comment, Substantive Law: Judicial Decisions

Only Connect!

I am 100% certain that E.M. Forster wasn’t thinking about legal publishing when he wrote that powerful phrase; on the other hand, it seems apposite given where we are in the development of online legal publishing today.

A couple of months ago I wrote about some of my hopes and dreams for the future of legal publishing. Legal infographics, the semantic web, open data—these are exciting times for legal publishers (I’m afraid I don’t agree with Robert McKay on this point).

I loved Susannah Tredwell’s column about skeuomorphism and how the format of the print book informs so much . . . [more]

Posted in: Legal Publishing

Tips Tuesday

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
A Tip for Quickly Switching Between Relative and Absolute Cell References in Microsoft Excel
Dan Pinnington

When you create a cell reference in an Excel formula that refers to another cell, that cell reference can be relative (the default) or absolute. A relative cell reference adjusts to its new location when the formula is copied or moved. An absolute cell reference does not change when the formula is moved…. . . . [more]

Posted in: Tips Tuesday

Of #AltLegal and the Skeleton Key to Other Professions

What lawyer doesn’t daydream about throwing in the towel and leaving practice—at least once in a while? Even if just infrequently like during a trust audit. Or maybe frequently but only during select rituals, like contemplating a depleted retainer, or feeling that file go off-the-rails while pondering what it could be like to have your salary taken care of without all that suspense.

Ruminating about less beaten career paths is perfectly lawyerly. The CBA even publishes a list of career alternatives for lawyers, or writes up profiles of people who have pursued different legal paths from time to time. . . . [more]

Posted in: Education & Training: CLE/PD, Legal Information: Libraries & Research

Public Policy Trumps State Immunity

On 30 October 2014 the UK Court of Appeal released a decision that is likely to send a frisson of fear down the spine of governments everywhere.

The Court allowed the appellants Abdul Hakim Belhaj and his wife Fatima Boudchar to sue the British Secret Intelligence Service and the Minister responsible for it at the material time, for a declaration of illegality and for damages.

The claim alleges that the respondents participated in the unlawful abduction, detention and rendition of Mr Belhaj and Ms Boudchar to Libya, where they were imprisoned and tortured.

No determination has yet been made on . . . [more]

Posted in: Substantive Law

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This project has been made possible in part by the Government of Canada | Ce projet a été rendu possible en partie grâce au gouvernement du Canada