By some weird synchronicity, the Supreme Courts in both the United Kingdom and Canada in the last 24 hours have considered the nature of partnerships and the extent to which employment law protections also applied to partners.

Yesterday’s decision in Clyde & Co LLP and another (Respondents) v Bates van Winklehof (Appellant) [2014] UKSC 32 held that a junior partner (unhelpfully called an Equity Partner) in a London firm was protected by the whistle-blowing protections of the Employment Rights Act 1996. She had been involved in a rather dubious file in Tanzania and reported to the firm’s money laundering reporting . . . [more]

Boy oh boy, is this a hotly debated topic – and we happened to attend a very illuminating presentation by Mark Jacobsen, the Senior Director of Strategic Development and Thought Leadership for FindLaw (long position title!). While I am normally somewhat skeptical of FindLaw (after all, they are in the business of selling websites/SEO), Mark did a great job of presenting a study done by FindLaw in a “teaching” rather than a “selling” way.

His presentation was entitled “The Futility of Chasing Silver Bullets: An Analysis of Aggregate Search Performance for Law Firm Websites.” They apparently like long titles at . . . [more]

Each Thursday 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.

Judicial Fundraising in Canada
Stephen G. A. Pitel and Michal Malecki
Alberta Law Review, Forthcoming

5. Policy Arguments about Judicial Fundraising

Judges play an indispensible role in the administration of justice. Their position requires that they be “held to higher standards of integrity and ethical conduct than attorneys or other persons not invested . . . [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. Canada (Citizenship and Immigration) v. Harkat, 2014 SCC 37

[1] The Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness (collectively, “the ministers”) seek to have Mohamed Harkat, a non-citizen, declared inadmissible to Canada. Mr. Harkat is alleged to have come to Canada for the purpose of engaging in terrorism. He has been detained, or living . . . [more]

I was at a presentation this morning by tech guru Carmi Levy who talked about 7 tech trends. If you watch national news broadcasts you will have seen Carmi.

1. Cloud. It aligns spend with need, and you can spend less time managing your infrastructure.

2. Mobile. More smart phones were sold last year than feature phones. Facebook revenue from mobile is more than 50% now. Just 3 years ago was zero. 25% of Facebook users are mobile only. This trend is similar for other providers – mobile is rapidly becoming a prime way to connect. Businesses need to address . . . [more]

Manitoba lawyer Donna Seale has a great blog focused on human rights issues in workplaces. In fact Human Rights in the Workplace is so good that in 2010, the blog won a CLawBie award. In her post, It’s time to take time, Donna recently announced she’s taking an indefinite leave from her practice and her blogging to focus on renewing her own health.

As a Manitoba lawyer with an interest in human rights issues, I’m disappointed that her voice won’t be heard on the topic for the next while. As a a former colleague of hers at the Manitoba . . . [more]

When legal education reform is discussed, Slaw readers may have heard mention of the Carnegie Report without knowing what the report is all about.

Simply put, the Carnegie Report calls for significant changes in legal education in North America. It recommends an integrated approach to legal education. The report identifies “the three apprenticeships” of legal education (theory, ethics, and practical skills) and calls for the apprenticeships to be integrated into courses throughout law school.

The Carnegie Foundation for the Advancement of Teaching is a US based foundation founded in 1905. It describes its mission is as being “committed to developing . . . [more]

{Pre-text: It is quite humbling and even feels premature to be hosting a CBA Legal Futures Twitter Chat on How to be a Legal Innovator. That said, I welcomed the invitation, as my completely unexpected trajectory as a lawyer has admittedly led me a few times to take a step back and re-trace my thought-process over the past 3+ years since I took the entrepreneurship route: À-la, “What tha..??! This is shaping up to be pre-tty cool. Geez, how did I get here?” And I have kept some notes.

<<Cue Sophia’s voice from Golden Girls here>> Picture it. Toronto. . . . [more]

I just did something that I haven’t had to do in 5 years … update my title. I have taken on a new role in my organization – facilitating process improvement projects in addition to overseeing knowledge management. There is something that is missing from my title that has been there for a long time – the word Library. I have self identified as a law librarian since joining a law firm library team as a fresh graduate from a library technician program. Whether my actual title was Library Technician or some other derivation, that comforting word has underpinned my . . . [more]

In a fascinating new book that has just been published, What Should We Be Worried About?, John Naughton expresses his big worry:

[W]e are increasingly enmeshed in incompetent systems – that is, systems that exhibit pathological behavior but can’t fix themselves (…) because solving the problem would require coordinated action by significant components of the system, but engaging in such action is not in the short-term interest of any individual component (…). So in the end, pathological system behavior continues until catastrophe ensues.

Legal systems can be like that: incompetent and unable to change. In this column I reflect . . . [more]

About a year ago I wrote a post about a case where the Ontario Superior Court issued a permanent injunction preventing the owner of a property management company from appearing before the Ontario Landlord and Tenant Board on behalf of his landlord clients.

The property management company appealed to the Court of Appeal, who dismissed the appeal last week.

  . . . [more]