Canada’s online legal magazine.

Moral Relativism and the Gaza Crisis: Whither Canada’s Voice for Human Rights?

This summer’s conflict in Gaza and southern Israel was wrenching. Day after day it did not let up. Rockets launched from Gaza. Relentless aerial bombardment by Israeli forces in Gaza. More rockets from Gaza. Missiles and ground assaults by Israeli forces. All of that in a wider context of serious and longstanding human rights violations, including the collective punishment of the Gaza blockade; and very legitimate security concerns. Against this loud and angry backdrop the toll on civilians, overwhelmingly Palestinian civilians, was heartbreaking. In a corner of the world that has been enmeshed in decades of repression, terrorism, reprisal, defence . . . [more]

Posted in: Justice Issues

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. Hryniak v. Mauldin, 2014 SCC 7

[1] Ensuring access to justice is the greatest challenge to the rule of law in Canada today. Trials have become increasingly expensive and protracted. Most Canadians cannot afford to sue when they are wronged or defend themselves when they are sued, and cannot afford to go to trial. Without an effective and accessible means of . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Back to (Business) School

Ah, September. The leaves are falling, the air is crisp and most of us feel motivated to learn something new.

Stanford University offers several online learning options for lawyers and legal professionals* interested in sharpening their business skills, especially in the areas of entrepreneurialism and innovation. The videos and podcasts in their Entrepreneurship Corner are professionally produced, available for view at any time and presented by top faculty from several departments. I’ve especially enjoyed the interviews with Silicon Valley entrepreneurs such as Mitch Kapor who talk about lessons learned, developing “people skills” and learning to be comfortable with business risk. . . . [more]

Posted in: Education & Training: CLE/PD, Practice of Law: Practice Management

Canadian Law Video Site LegalTube.ca Launched

Congratulations to the folks at LawyerLocate.ca Inc., Natalie Waddell and Mark C. Robins, for launching their new Canadian law video distribution site LegalTube.ca.

The website is aimed at the public, giving easy video access on a wide range of law-related topics. The site is made up of video content from lawyers listed on LawyerLocate.ca, with videos originally housed on YouTube or Vimeo, pulling everything together by topic as well as by participant profiles (lawyers and law firms). I found the site very easy to navigate with major law topics across the top. There is also a category . . . [more]

Posted in: Legal Information, Legal Information: Publishing, Practice of Law: Marketing, Technology: Internet

New Alberta Court of Appeal Rules

Yesterday, September 1, 2014, the new Alberta Court of Appeal Rules came into effect. The new rules were announced on May 23, and the new rules themselves were enacted on March 12, 2014. An announcement explains:

When the Alberta Rules of Court were replaced in November,
2010, they did not contain rules for appeals to the Court of Appeal of Alberta. While we waited for these new appellate rules, the “old (1968) rules” continued to apply to appeals to the Court of Appeal. With the enactment of the new Court of Appeal rules , all of the 2010 Rules of

. . . [more]
Posted in: Legal Information

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

Use Shift+F3 to Quickly Change Case of Text in Microsoft Word*
Dan Pinnington

If you do a lot of writing or editing in Word, you will often find yourself wanting to change the case of selected portions of text – perhaps to upper case or to title case. You can do this manually of course, but there is a much faster way. First highlight the text you want to . . . [more]

Posted in: Tips Tuesday

Why English Revisited

In September 2013 I wrote a column titled Why English? The column canvassed the popularity and future of the use of English worldwide.

One reason for the popularity of English is that the USA is a world leader in higher education and in research and development. Tens of thousands of foreign students attend Canadian and US universities. Some foreign students intending to apply to a North American university attend high schools in North America. These students obtain a high school graduation certificate and at the same time they learn English.

For example, I live in Fredericton, New Brunswick where we . . . [more]

Posted in: Legal Publishing

Be the Messenger (And Don’t Get Shot)

The #1 cause of claims against Ontario lawyers practising in most areas of law is problems with lawyer-client communication.

Considering lawyers’ reputation for verbosity, this statistic seems counterintuitive, at least until you consider that some things are easier and more fun to talk about than others.

Fun to communicate with clients about: success (and our role in it); progress; winning; good news. NOT fun to communicate: failure (and our role in it); setbacks; losing; increase legal costs; bad news.

The risk: Failing to promptly and appropriately communicate bad news (and therefore, failing to take steps to mitigate setbacks) exposes lawyers . . . [more]

Posted in: Practice of Law

LawTechCamp 2014 This Weekend

The fourth annual LawTechCamp takes place this Saturday at Ryerson University’s DMZ building. LawTechComp provides an opportunity to “bridge the gap between the tech and legal communities and encourage the exchange of ideas and knowledge.”

This is an unconference type event organized against the following schedule:

  • Impact of CASL on Lawyers and Entrepreneurs
  • Panel Discussion: Future of the Legal Profession in the Age of Disruption
  • Panel: Alternative Models of Legal Service Delivery
  • Law Technology Retrospective and Future Insights

In addition Chris Bentley, former Attorney General of Ontario, will deliver a lunchtime keynote talk on “Law, Technology and the Public Interest.” . . . [more]

Posted in: Technology

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from sixty recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Rule of Law  2. Combat Sports Law 3. Environmental Law and Litigation  4. Legal Post  5. IP Osgoode

Rule of Law
Can You Revoke a Quebec Notarial Will by Destroying a True Copy?

A notary in Quebec always retains the original of a notarial will and registers it under . . . [more]

Posted in: Monday’s Mix

Texan Court Refuses Jurisdiction for Pre-Suit Discovery in Anonymous Blogger Defamation Case

The Supreme Court of Texas has refused to provide the identity of an anonymous blogger, in a 5-4 split decision released this week. The blogger initially claimed to be an employee of the Plaintffs’ company. He created a site in 2007 which targeted a business and its CEO, making a number of disparaging comments about the Plaintiffs and alleging involvement in a Ponzi scheme.

The Plaintiffs sought the identity of the blogger through Texas Rule of Civil Procedure 202, which states,

202.1 A person may petition the court for an order authorizing the taking of a deposition on oral

. . . [more]
Posted in: Substantive Law: Foreign Law

Summaries Sunday: Maritime Law Book

Summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. Every Sunday we present a precis of the latest summaries, a fuller version of which can be found on MLB-Slaw Selected Case Summaries at cases.slaw.ca.

This week’s summaries concern:
Barristers and Solicitors/ Courts / Evidence / Torts / Criminal Law

Barristers and Solicitors – Courts – Evidence – Torts

Summary: The plaintiffs hired the defendant lawyer and his law firm to represent them in their lawsuit against HouseMaster Inspection Service for a deficient house inspection.

. . . [more]
Posted in: Summaries Sunday

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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