Canada’s online legal magazine.

Reform Access to Information for Health Sector

The Canadian Open Government Initiative was announced on March 18, 2011. The project focuses on 3 main streams:

  • Open Data, which is about offering Government data in more useful and machine-readable formats to enable citizens, the private sector and non-government organizations to leverage it in innovative and value-added ways.
  • Open Information, which is about proactively releasing information, including on Government activities, to Canadians on an ongoing basis. It is about proactively making Government information easier to find and accessible for Canadians.
  • Open Dialogue, which is about giving Canadians a stronger say in Government policies and priorities, and expanding engagement
. . . [more]
Posted in: Substantive Law: Legislation

Summaries Sunday: SOQUIJ

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.

Famille : L’appelante, qui a fait appel à une donneuse d’ovules et à une mère porteuse, obtient la placement de l’enfant née au terme de cette démarche auprès d’elle en vue de son adoption.

Intitulé : Adoption — 1445, 2014 QCCA 1162
Juridiction : Cour d’appel (C.A.), Montréal, 500-08-000409-120
Décision . . . [more]

Posted in: Summaries Sunday

Summaries Sunday: OnPoint Legal Research

One Sunday each month OnPoint Legal Research provides Slaw with an extended summary of, and counsel’s commentary on, an important case from the British Columbia, Alberta, or Ontario court of appeal.

Hughes v. Hughes, 2014 BCCA 196 

1. CASE SUMMARY

Areas of Law: Family law; Child support; Contempt of court; Change in circumstances

~ An order for a custodial parent to pay child support to the non-custodial parent pending the return of the child may be cancelled in circumstances where the child is not returned~

Background: At the beginning of the proceeding that gave rise to this appeal, the . . . [more]

Posted in: Summaries Sunday

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:
Civil Rights/ Courts / Trade Regulation / Criminal Law / Evidence / Extradition

R. v. Spencer (M.D.) 2014 SCC 43; 2014 CSC 43
Civil Rights – Criminal Law – Trade Regulation

Summary: The accused was charged with possession of child pornography and making available child pornography. The accused brought an application, alleging several violations

. . . [more]
Posted in: Summaries Sunday

CDs and DVDs Going the Way of Loose-Leaf Services

It would be my view that, even at its very best, the world of legal and professional publishing has been and is one that embraces evolution but not more. We see evidence of this in the recent sale back to its previous owners of American Lawyer Media. What goes round comes around would appear to be the preference and it seems that the major international law publishers were not interested in absorbing ALM. Perhaps this reflects their current view of the market. Still, there can be little doubt that the electronic revolution and the state of the economy . . . [more]

Posted in: Legal Publishing

The Friday Fillip: Surprise!

Like most of you, I’m sure, I get momentarily caught whenever I see the word “law” in something I’m reading. Much of the time it has nothing to do with our business and means to describe only some regularity, whether scientific, logical or folkloristic. That’s the way it was when I stumbled across “The Law of Unintended Consequences.” (See, e.g.,the title of this piece in the Economist.) Curiously, this “law” almost never gets framed as such, and from what I can tell amounts to nothing more than the observation that we’re not too good a predicting the future, particularly when . . . [more]

Posted in: The Friday Fillip

Prostitution Bill Sets Aside $20 Million to Support Sex Trade Workers

Prostitution law is back in the news, almost a year after the Supreme Court released its dramatic decision in Canada v. Bedford. The Court found the main provisions of Canada’s prostitution law unconstitutional, struck them down and gave the government one year to introduce a law that doesn’t offend the Constitution...
Posted in: Substantive Law, Substantive Law: Legislation

8 Questions to Help You Bring Your “A” Game to Business Development

Are you in a rut? Are you just going through the motions of your business development? Are you not seeing results? Are you overwhelmed and going in too many directions? Maybe it’s time to take a closer look!

At the end of EVERY week reflect on your performance and results of the week. Here is a list of eight questions to ask yourself…

1. Was your client service so solid that your clients will give you more work?

2. How many referral sources did you reach out to this week?

3. Did you do something to develop a relationship this . . . [more]

Posted in: Legal Marketing

Thursday Thinkpiece: Regan on Establishing an “Ethical Infrastructure” in Law Firms

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.

Nested Ethics: A Tale of Two Cultures

Milton C. Regan, Jr.
Hofstra Law Review, Vol. 42, pp. 143-174, 2013

(Excerpt: pp. 143 – 148)

I. INTRODUCTION

As law firms have become larger and more complex,[1] many of them have adopted more sophisticated programs to ensure that lawyers in the firm comply with their . . . [more]

Posted in: Thursday Thinkpiece

The Value of Collaborative Networks

I’ve sung the praises of inter and cross-sectoral collaboration here and here in terms of addressing the gaps that exist in access to justice across the country. But recently I was reminded again of the value of collaborating within my networks of legal colleagues across the country.

Wearing my Canadian Lawyers Insurance Association risk management hat, I met last week with legal malpractice insurance program directors and staff from across Canada. This group meets in person at least once per year and I always leave that meeting with pages of notes and numerous good ideas. Our in-person meetings provide opportunity . . . [more]

Posted in: Practice of Law, Practice of Law: Marketing

Professor Joanne St. Lewis: Why I Stood Up to Racist Cyber Libel

The Case:

On June 5th, 2014, a jury ruled in the St. Lewis v. Rancourt defamation action. The decision before the Ontario Superior Court found that, the Defendant’s actions were malicious. They awarded $100,000 in general damages and $250,000.00 in aggravated damages. The Defendant has been ordered to take down his blog articles, cease defaming Professor St. Lewis and to assist in having the materials removed from Google and other search engines. The decision is likely to be appealed by the Defendant and awaits the imprimatur of the Ontario Court of Appeal and perhaps the Supreme Court of Canada. . . . [more]

Posted in: Case Comment, Justice Issues

CASL Hits Next Week – Are You Ready?

CASL – Canada’s new anti-spam legislation – becomes law on July 1. It is a sledgehammer to kill a fly approach to spam that requires attention by almost every business and not for profit. In my view, the significant amount of time, effort, and money that it will take for legitimate businesses and not for profits to comply with the act will come nowhere close to justifying any meagre benefit.

Many business have complied, many are just waking up to it now, and many are ignoring it. It doesn’t help that the act has a broad definition of spam that . . . [more]

Posted in: Substantive Law: Legislation

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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