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. Hart, 2014 SCC 52

[1] When conventional investigations fail to solve serious crimes, police forces in Canada have sometimes used the “Mr. Big” technique. A Mr. Big operation begins with undercover officers luring their suspect into a fictitious criminal organization of their own making. Over the next several weeks or months, the suspect is befriended by the undercover officers. . . . [more]

What is a Court to do when faced with repeated breaches of Court orders by a virtual entity? In the case, Equustek Solutions Inc. v. Jack, 2014 BCSC 1063, the decision of the BC Supreme Court was to order an innocent third party, Google Inc., to remove the wrongdoer’s website from further search results – anywhere.

The case has far reaching implications on the ability to enforce injunctions on wrongdoers in cyberspace, on the role of innocent third parties such as Google, and on the possibility of the Court process being used as an avenue for censorship. The decision has . . . [more]

When firm leaders agree on strategic objectives, it’s time to align employees towards achieving them. As with anything with multiple moving parts, adjustments can help the system work at its best.

Last week, I discussed the difference between employee engagement and employee alignment. Engagement is what motivates people to arrive at work each morning. Alignment is what they do when they get there.

Why focus on alignment?

• It gives everyone a purpose beyond their individual roles
• It’s an opportunity to break down silos between groups
• It strengthens your firm’s reputation as performance becomes more consistent and profitable

Signs of . . . [more]

Sattva Capital Corp. v. Creston Moly Corp, 2014 SCC 53

will change existing practice (necessarily outside of Quebec civil law cases: I leave the effect on civil law to others) where the central appellate issue is the meaning of the contract.

From the headnote:

The historical approach according to which determining the legal rights and obligations of the parties under a written contract was considered a question of law should be abandoned. Contractual interpretation involves issues of mixed fact and law as it is an exercise in which the principles of contractual interpretation are applied to the words of the

A post on the Strategic Librarians LinkedIn Group led me to the Cooperative Intelligence blog where Ellen Naylor (CEO of The Business Intelligence Source, Inc.) posted about templates for win loss analysis.

As more and more legal work filters to law firms through procurement groups, RFPs, and RFIs, I wonder about the use of sales methods in law firms. As a librarian, I worked with legal information suppliers selling information to my organization. I also sold the services of the library department to my internal clients. In my new role of process improvement, I will likely use techniques . . . [more]

Next week, the CBA will release Futures: Transforming the Delivery of Legal Services in Canada, our report on the future of legal practice in Canada. Over the past two years we have heard from the legal community in Canada –and abroad – and the clients we serve. Futures: Transforming the Delivery of Legal Services in Canada sets out our vision for how we might educate and regulate the profession differently. Our objective: to ensure that Canadians benefit from a vibrant and relevant legal profession. Our recommendation: innovation.

The report calls for some significant change. We hope that the CBA . . . [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

Use Proper Dimensions to Make Photos Posted on Social Media Profile Pages Look Better
Dan Pinnington

Photos are a major part of the profile pages on all the major social media sites. There are profile photos (usually your picture) and header or cover photos (the big photo that usually appears across the top of your profile or homepage). As these photos play a big part in making a good . . . [more]

What’s a lawyer good for?

This isn’t a new question: the role and value of the legal profession has long been a subject of discussion. It does seem, however, that this question is now being raised with increasing frequency in a variety of forums. As technology continues to advance, important questions continue to be raised about what tasks still require the input of specially trained (and often expensive) legal professionals. Growing concern with access to justice has inspired similar types of questions. As Malcolm Mercer has argued in his recent Slaw column: “If we cannot find ways to effectively . . . [more]

This month’s Canadian Lawyer has its annual Top 25 Most Influential in the justice system and legal profession ranking, and I’m delighted to announce that three members of the Slaw community, Malcolm Mercer, Colin Lachance and Adam Dodek have been honoured. Congratulations. Here’s what the magazine says:

Adam Dodek
Vice dean, University of Ottawa
Faculty of Law, Ottawa

Dodek is emerging as a Canadian champion for legal professionalism and legal ethics. He writes and speaks widely on the subject and has been very involved in issues surrounding professional regulation and legal education. Dodek has published several legal books, with his

The legal profession has many noble archetypes: dedicated advocates pro bono publico, champions of significant (not always popular) causes, and unswerving guardians of the court whose instincts shine bright as a sword against much larger opponents.

John-Paul Boyd broke the mould he was casted in quite early on. He’s not so much a noble archetype as a force of unnatural origins who continues to drop jaws with his superhuman ability to drop knowledge.

To say he is one of a kind, is not enough. The best I can do is describe him like this: 

Hawaiian creation myth relates that

The Linked Data Platform (LPD) is a thing now. It was recently given “Candidate Recommendation” status by the W3C. That means that it has moved up from a “Working Draft” (mentioned in an earlier post) and the developers are satisfied that the standard does what is meant to do.

And what it is meant to do is this:

Provide a set of best practices and a simple approach for a read-write Linked Data architecture, based on HTTP access to web resources that describe their state using the RDF data model.

The LPD is described in . . . [more]

There are plenty of good reasons for choosing sole practice, or for transitioning into sole practice after practising with a firm. You may have chosen to practise in a small community; you may have opened a sole practice because you couldn’t find the right fit with a firm in your chosen area of practice; or you may be a person with a naturally independent work style and a desire to be your own boss. Whatever a lawyer’s reasons, sole practice is a choice that can be profitable and personally rewarding.

Practising solo, however, presents special challenges. From a risk management . . . [more]