Unless you are one of those legendary litigators who focuses on court and leaves all of their writing to someone else, lawyers spend a lot of time writing. It would be wonderful if legal and professional writing escaped the demons of creative writing, but in my experience, the demons of procrastination and self-doubt and the lure of online shopping can only be overcome by the looming dread of a deadline or the personal guilt of a missed deadline. It’s impossible for one book to banish a writer’s demons, but this summer a pair of complementary books brought me tiny slivers . . . [more]

Keep a record of research questions you have answered and the next time you have a demonstration of a new product, use one or more of these questions (amended as appropriate). You get a much better idea of how a resource performs when you can compare its results to what you have retrieved using other resources than you do from a vendor’s prepared searches.

Alternatively, when a product is being demonstrated to end users, encourage attendees to bring questions that they have run into recently to the session. It is much easier for for users to evaluate the quality of . . . [more]

At the LSBC’s AGM tomorrow, several member resolutions will be up for a vote. Among them is a controversial resolution (Resolution 3) submitted by two BC lawyers that calls for changes to certain language in the LSBC’s Indigenous Intercultural Course. The language at issue references an unmarked burial site at the former Kamloops Indian Residential School. Various legal organizations have condemned Resolution 3 as being, among other things, “alarming Residential School denialism”, “an attack on the principles of Truth and Reconciliation”, an “insidious attempt to distort history” and as “undermin[ing] engagement with Indigenous communities”.

Resolution 3 follows . . . [more]

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

PÉNAL (DROIT) : La Cour rejette l’appel de la peine d’emprisonnement à perpétuité imposée à un jeune membre de gang de rue qui a tenté d’assassiner un homme devant chez lui au moyen d’une arme «fantôme»; compte tenu des circonstances du crime, du profil de l’accusé et des facteurs aggravants, . . . [more]

Patents have a reputation of being difficult to read and understand and a key part of most patent litigation proceedings is ‘construing’ or providing meaning to the claims of the patent. A recent decision of the Federal Court considered a series of claims which it determined were not possible to be understood – the claims were ambiguous. As a result, the claims were declared invalid.

Declaring claims invalid for being ambiguous is rarely done in Canada. Various decisions have held over the years that claims are invalid for being ambiguous only if it is not possible to give the claim . . . [more]

Periodically on Thursdays, 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.

Against the Odds: The Indigenous Rights Cases of Thomas R. Berger

Author & Editor: Drew Ann Wake
Publisher: Durvile
Foreword by Hamar Foster KC, Afterword by Shaznay Waugh
Release Date: September 1, 2024
ISBN: 9781990735486 (pbk)
Also available as ebook and audiobook
Page Count: 6” x 9” | 320 Pages
Regular Price: . . . [more]

There’s a lot of talk, grumbling, and bemused head-scratching in law firms these days among partners of a certain age who lament the younger generation of lawyers who are so good at saying no and preserving their nights and weekends for pursuits other than legal work.

What is certain is that the commanding leadership style of previous generations – I will tell you to jump, and you ask how high – are not getting the results they used to.

While it is easy to lament the current younger generation, adapting one’s leadership style is likely to yield better results.

Case . . . [more]

In July of last year, Canada’s three research-funding agencies set out to improve public and academic access to the studies they sponsor. Open access to research and scholarship is proving to be the digital era’s great gift to science, and all the more so, following open access’ contributions to Covid vaccine development during the pandemic. The plan for Canada’s Tri-Agency, as it is known, was to review and revise its Open Access Policy by identifying “the key features of an effective, comprehensive, sustainable and equitable immediate OA Policy for peer-reviewed articles, and the incentives and supports required for the Policy’s . . . [more]

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

FAILLITE ET INSOLVABILITÉ : Le juge de la Cour supérieure avait le pouvoir, en vertu de l’article 187 (5) de la Loi sur la faillite et l’insolvabilité, d’annuler la libération d’office de la débitrice; par ailleurs, il n’a pas erré en permettant au syndic d’introduire sa demande en annulation . . . [more]

In part 1 of this article, we explored two different areas of the regulation of artificial Intelligence (AI) in Canada. These included existing laws of general application that apply to AI and are in force currently, as well proposed legislation that would regulate the commercial use of AI in Canada directly, known as the Artificial Intelligence and Data Act (AIDA). In part 2 of this article, I will introduce a number of international developments in the regulation of AI that have an impact on Canada and introduce the primary international norms that are developing in this area. The article . . . [more]