Canada’s online legal magazine.

I’m a Non-Engineer

It happened again yesterday in the CBA Futures Twitterchat – the term “non-lawyer” once again reared its ugly head. Granted, it was a Twitter chat with 140 character limits but even so, there must better ways to describe the vast majority of the population who are not licensed to practice law.

I’ve written here previously on my views of this term; since then, I’ve only become more deeply entrenched in my point of view, to the point where use of the term now grinds in my ears like fingernails on a chalkboard. (Incidentally, does anyone under 30 even know what . . . [more]

Posted in: Justice Issues, Practice of Law: Future of Practice

An Exciting Time in Canadian Competition Bureau Policy – Substantive Guidance on Reverse Payment Patent Settlement Agreements May Be Imminent?

As part of the Canadian Competition Bureau’s revisions to its IP Enforcement Guidelines, some stakeholders have requested guidance on “new” issues of concern in the Competition Law area – including reverse payment patent settlement agreements. Prior to publication of the first Draft Update of the Guidelines (“Phase 1 Update”)[1], the Bureau held a Workshop to consider issues regarding competition and the pharmaceutical industry[2]. Having regard to the high cost of pharmaceuticals ($34.5 billion in 2013), and the recent decisions of the US Supreme Court and European Commission finding that reverse payments are “valid targets for antitrust . . . [more]

Posted in: Intellectual Property

Having Fun With Nostalgic Marketing

What is it about summer that makes us so nostalgic? I spend a lot of time between June and September wishing I was hanging out with friends or family in Saskatchewan, even though I have a perfectly nice life in Vancouver. I’ll respond positively to almost any marketing message reminding me of long, carefree days when my only concern was how to sneak another piece of Saskatoon berry pie without my mother noticing.

Nostalgia has a special place in marketing and public relations. It appeals to our need for safety and security. It helps us feel connected to each . . . [more]

Posted in: Practice of Law: Marketing

Know Anyone Doing Something Truly Spectacular in Legal? Nominate Them for a COLPM InnovAction Award

The College of Law Practice Management (“COLPM”), an international organization honoring excellence and innovation in law practice management, is calling for entries for its 2014 InnovAction Awards. The awards seek lawyers, law firms, law departments, and other legal services professionals worldwide who have invented or successfully applied new business practices to the delivery of legal services. The goal of the InnovAction Awards is to demonstrate to the legal community and beyond the power of dedicated professionals with big ideas, strong convictions, and the determination to make a difference.

“We are seeking and recognizing creativity and new ways of thinking . . . [more]

Posted in: Announcements

Small Claims

Slaw readers likely know that there are special courts in Canada that have the jurisdiction to decide many types of civil claims where the monetary value of the claim is considered small. In my jurisdiction, until July 30, 2014 the upper limit for a Provincial Court of Alberta civil claim is $25,000. The upper limit of $25,000 also applies in British Columbia, Nova Scotia, Newfoundland and Labrador, Ontario, and in the Yukon.

The Territorial Court of the Northwest Territories can hear civil disputes up to $35,000. Until August 1, 2014, the NWT has the highest . . . [more]

Posted in: Justice Issues

Hallo

Around 30 years ago, the Macintosh said Hello, as shown in this impressive . It introduced us to user-friendly computing, including visual interfaces, multimedia and an early form of mobile computing as it was designed to be luggable. However, even its IBM mainframe joke to “never trust a computer you can’t lift” wasn’t about to convince you that this was really a human. Not so the recent where some of the judges were fooled by the computer into believing they were conversing with a 13-year old, rather than a computer. This follows on from Watson winning on Jeopardy, and Kasparov . . . [more]

Posted in: Legal Technology

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

Protect Your Smartphone or Tablet With a Good Case
Dan Pinnington

It takes just one accidental drop to kill an iPad or smartphone. And unfortunately, if the glass cracks, they are difficult or even impossible to repair. To prevent this from happening you want to protect your device with a good case. But there are cases and there are cases. Pretty but flimsy plastic cases will do little to . . . [more]

Posted in: Tips Tuesday

Tenant Screws Landlord, and So Does the System

A recent decision from the Divisional Court provides an outrageous, and perfect example of how the legal system in the Province allows residential tenants to live rent free for over a year, and in this case, close to a year and a half.

The landlord originally applied to the Landlord and Tenant Board (the “Board”) for an order terminating the tenancy and evicting the tenant on the grounds that she had failed to pay her rent.

The first hearing was scheduled for April 8, 2013. That hearing was adjourned at the tenant’s request and was rescheduled to June 7, 2013. . . . [more]

Posted in: Case Comment

Of Lotus Land and Outdated Bicycle Laws

Here out west you’ll find a “Beads and Granola” culture (thank you, Douglas Coupland), where our mild work ethic, sea-to-sky nature and hospitable year-round climate lures would-be lotus eaters from across the vast confederation. British Columbia’s fresh air and crisp scenery encourages outdoor activities of all kinds. Even our roadways are a balmy, unblemished asphalt invitation for physical enjoyment through bicycling.

So it’s somewhat surprising that despite a progressive vibe, BC’s cycling laws are among the least friendly in the country.

Even as BC’s capitol city boasts astonishing commuter stats—at 5.9% Victoria has basically three times more bike commuters . . . [more]

Posted in: Justice Issues, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Simultaneously Acting for Members of Same Family Is More Risky

Many lawyers assume that simultaneously acting for members of the same family and their business or corporate entities is relatively safe from fraud and conflicts issues. After all, the parties all know each other and everyone is on good terms.

Unfortunately, this is just not the case. An analysis of LAWPRO claims files tell us that there is actually a greater likelihood of a fraud or conflicts of interest issue when clients are related to or know each other.

Understanding when and why malpractice claims arise when work is done for related clients can help you avoid a claim.

When . . . [more]

Posted in: Reading: Recommended

Learning to SPARQL

One of the more opaque aspects of learning about linked data can be understanding and using SPARQL to query RDF triple stores. In a recent post to the LODLAM Google group (which originated on the CODE4LIB list) Arwen Hutt (Geisel Library, University of California, San Diego) asked a question about any SPARQL workshops that might be available. He received references to a number of good resources that I thought I’d highlight for anyone interested in learning to SPARQL.

UK Library and IT consultant Owen Stephens suggests his presentation from November, 2013, called, “Selecting with SPARQL: Searching . . . [more]

Posted in: Technology: Internet

A Social Lab for BC Family Justice System?

My February post suggested that a “Social Lab” may be a way to tackle the “implementation gap” in justice reform. On June 1 and 2, an important step was taken towards using this approach in British Columbia as a strategy to improve the family justice system for children and families. The BC Law Foundation / Legal Services Society Research Fund funded a two-day workshop in Vancouver facilitated by Adam Kahane and Monica Pohlmann of Reos Partners. This post highlights the key learnings coming out of those two days.

What is a Social Lab?

The workshop provided both a deeper exploration . . . [more]

Posted in: Dispute Resolution

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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