There is much that is familiar in watching how Scotland’s vote will unfold today.

Fuelling the sense of déjà vu for Canadians is the arc of the story. It begins with the No forces way ahead in the polls, until suddenly both camps are neck and neck. Panic takes over in the “nation’s” capital, followed by improvisation, vague promises of more devolved powers, and not-so-subtle threats about what it will all mean for the shared currency and the breakaway state’s place in the larger common market (their EU to our NAFTA).

And yet, in spite of all the similarities, something . . . [more]

Can a temporary layoff, in the absence of an express or implied contractual term authorizing such action during the term of employment, constitute a constructive dismissal? Ontario’s Small Claims Court recently answered this question in the case of Janice Wiens v. Davert Tools Inc., 2014 CanLII 47234.

My previous column gave a number of examples of how governments, regulators and even spies focus on intermediaries to achieve what they want. The intermediaries used may or may not be online themselves, though most of the examples involved Internet Service Providers and web hosting services.

This column reviews the policy questions, though without attempting any definitive answers. Feel free to propose your own answers in the Comments, or raise further questions, or improve my analysis.

Approaches to liability

Three major approaches are taken to the role of intermediaries, as we saw in the previous column (without so classifying them): . . . [more]

Last week I had the opportunity to speak with law students at Robson Hall as part of the Pro Bono Students Canada (“PBSC”) launch event. I had been asked to give a speech on my own pro bono and access to justice work with a view to motivating students to volunteer for one of the many interesting projects PBSC is coordinating this year. In preparing for the presentation, I thought back to my own days at Robson Hall and realized, with some dismay, how little I gave of my time to others at that point in my life.

Because I . . . [more]

As expected, Apple introduced its Apple Watch (not iWatch) last week with great fanfare. It is actually not a single watch, but a series of watches in 2 sizes and 3 models with various types of bands. It will be available “early 2015”.

Of course only those with iPhones can use an Apple Watch. Those with Android phones will use one of the options running Android Wear.

The reaction to the smartwatch phenomenon has been interesting. Traditional watch manufacturers are being dismissive about it – which sounds a lot like how Rim (Blackberry) dismissed the iPhone when it first . . . [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. Barbra Schlifer Commemorative Clinic v. Canada, 2014 ONSC 5140

[41] The Applicant’s section 7 challenge uses the 1995 Firearms Act as a baseline against which to measure the licensing and registration system under the Act, and finds the latter lacking. In the Applicant’s characterization, while the regulatory regime that existed from 1995 until the coming into force of the Act in . . . [more]

It is entirely human to fail to appreciate when one’s judgment is affected by a conflicting personal interest or duty. Our conflicts rules reflect this problem. Where there is a substantial risk of impairment of representation, clients get to decide whether to accept that risk. Where representation will be materially impaired, lawyers cannot act even with client consent.

This concern about conflicting interests is well rooted in behavioural psychology. Dan Ariely, an author and a professor of psychology and behavioural economics[i], writes on this topic[ii].

In his book The Honest Truth about Dishonesty, Professor Ariely . . . [more]

Do you trust the leaders in your organization to make decisions in the best interest of the entire firm? Do you trust them to proactively deal with important issues or prevent crises? Studies such as the 2014 Edelman Trust Barometer would indicate that your answer is likely “no”.

Some of the current notions regarding trust are based on the times in which we live – a legal market that is changing as well as shrinking, record numbers of unemployed law school graduates saddled with record amounts of student debt, daily news of trust violations between business, government and society.

Some . . . [more]

The amount of information required to stay abreast of the changing law, in a general sense, is massive. Supreme Court of Canada statistics tell us that there were over 70 decisions to read from that court alone every year. Add your jurisdiction’s Court of Appeal and trial courts decisions, federal and provincial legislative changes, tribunal decisions, municipal and other delegated legislation and you have way more material than any generalist can reasonably consume.

Of course you don’t need to know it all. Many of those pieces of legal information can be learned just in time rather than just in case. . . . [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

Easily Tweak Windows Settings With the God Mode Folder
Dan Pinnington

Most of you will be used to going into the Control Panel to tweak or change your Windows settings. In the Control Panel, related types of settings are grouped under different icons to help you find the setting you are looking for. But finding a particular setting can sometimes be a challenge as you need to dig down . . . [more]

Let’s be honest, most lawyers want the business development process to be more like a sprint to the winners circle. But the reality is that the winner’s circle is reserved for the slow and steady. THAT is not what you wanted to hear, I’m sure!

The fact of the matter is that CONSISTENCY is a silver bullet. Yes, a slow silver bullet! You see, many are looking for the right tool… SEO, Google Ads, social media, blogs, You Tube channel, articles, networking, etc, etc, etc! But these are simply tools, just like your phone is a tool. Your phone, . . . [more]

Last week, Doug Jasinski graced my post with a comment challenging my interest in how different media like blogs and Wikipedia articles find their way into judgments.

His question: “Do 20-year old slacker movies count as different media?”

I don’t presume, Doug, that you really expected (or wanted) my take on this, but I’m prepared to share it anyway. Doug raised an interesting article from Business Insider which talks about a Texas Supreme Court decision citing the Big Lebowski. The reasons for judgment in Kinney v. Barnes, a freedom of speech injunction matter, were released on August 29, . . . [more]