Canada’s online legal magazine.

Dress Down for Success

Most of us have heard it over and over and over again – you need to dress for the job or the position that you want. Silvia Bellezza et al. describe this phenomenon in the June 2014 issue of the Journal of Consumer Research,

In both professional and nonprofessional settings, individuals often make a significant effort to learn and adhere to dress codes, etiquette, and other written and unwritten standards of behavior. Conformity to such rules and social norms is driven by a desire to gain social acceptance and status.

What they don’t tell you is the exception to . . . [more]

Posted in: Practice of Law: Marketing

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 / Criminal Law

R. v. Anderson (F.) 2014 SCC 41
Civil Rights – Courts – Criminal Law
Anderson was charged with driving with a blood-alcohol content over .08. He was served with a Notice of the Crown’s intention to seek a greater punishment by reason of previous convictions (Criminal Code, s.
. . . [more]
Posted in: Summaries Sunday

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.

DROITS ET LIBERTÉS : La politique non écrite de l’Agence des services frontaliers du Canada de refuser d’accorder un horaire régulier et stable, à temps plein, aux employés qui invoquent un motif fondé sur leur situation familiale relativement à la garde d’enfants est discriminatoire au sens des articles 7 et . . . [more]

Posted in: Summaries Sunday

The Duty Not to Find …

On the heels of the European Court of Justice’s decision, discussed on Slaw here and here, to require Google to suppress links to particular web sites that had ‘irrelevant and outdated’ personal information about a complainant, and US courts’ refusal to do the same, the British Columbia Supreme Court has now gone a step further: it has ordered Google to ensure that searches for particular topics or a particular company do not find the company defendant in the action before it.

The principals of the defendant company were accused of stealing trade secrets of the plaintiff and of . . . [more]

Posted in: Case Comment, Substantive Law: Judicial Decisions, Technology: Internet, ulc_ecomm_list

More Comparative Law Reports From D.C. and Down Under

This is a follow-up to last week’s Slaw.ca post Law Library of Congress Report on Restrictions on Genetically Modified Organisms.

The Law Library of Congress has recently released two other comparative law reports. They are:

  • Child Restraint and Seat Belt Regulations: “This report contains citations to the laws on seat belt use in Antigua and Barbuda, Australia, Bahamas, Brazil, Canada, China, Cyprus, Egypt, England and Wales, Fiji, Ghana, Indonesia, Kiribati, Malta, Nauru, Netherlands, New Zealand, Oman, Philippines, Singapore, South Africa, South Korea, Sri Lanka, Trinidad and Tobago, Turkey, and Vietnam, with information on provisions concerning children where available.”
. . . [more]
Posted in: Legal Information: Libraries & Research, Substantive Law: Foreign Law

Sub Nomine

Sub Nomine the Sub Nom rule is one of those delightful pieces of legal Latin that I quite enjoy. I like that two words in Latin can effectively sum up a legal thought that takes at least a sentence or two in English. Sub Nom is Latin for “under the name of” or in everyday parlance, “also known as”. The most recent case from the SCC that has caused a stir in legal circles, R v Spencer, 2014 SCC 43 in which the SCC rules that police organizations cannot simply ask ISPs for the IP information of subscribers and . . . [more]

Posted in: Substantive Law: Judicial Decisions, Technology: Internet

The Friday Fillip: Pants

Pants: Rubbish; nonsense. Freq. in pile (also load) of pants. (Brit. slang)

Which is one reason why I’m going to talk about trousers instead. (Another reason, also grounded in respect for our British readers, is that in that green and pleasant land “pants” refers to undergarments and can cause fourth form giggling.)

What piece of clothing could be more humble than a pair of men’s trousers?

Socks, perhaps. Though, socks have the potential to be colourful and to display strange and wonderful designs, something that trousers continue to resist, the recent craze for red jeans notwithstanding. Yet . . . [more]

Posted in: The Friday Fillip

The Value of Professional Associations

Background

In speaking with other in-house counsel, it is apparent that the majority face challenges with resource constraints. Chief among these are constraints around headcount and budget, and generally being able to find ways to handle the volume of work required. In the face of this reality, common reasons expressed for not belonging to professional associations or financially supporting members of their team to do so include “I don’t have the budget,” “I don’t have the time” or “I am too busy.” In the long run, I suggest companies have much to gain by permitting, and even encouraging, their professionals . . . [more]

Posted in: Practice of Law

Employment Law and First Nation Band

In Canada, jurisdiction over employment law is normally within the authority of each province or territory, unless the employer or activity falls under the federal jurisdiction. This is a straightforward distinction under normal circumstances, but, in certain areas, it remains unclear. This was the case in Fox Lake Cree Nation v. Anderson, 2013, in which the Federal Court of Canada set aside the order of an adjudicator appointed by the Canadian Labour Ministry because that adjudicator did not have the jurisdiction to hear the complaint made by the terminated employee.
Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Thursday Thinkpiece: Klinefelter and Laredo on Client File Confidentiality

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.

IS CONFIDENTIALITY REALLY FOREVER — EVEN IF THE CLIENT DIES OR CEASES TO EXIST?
Anne Klinefelter and Marc C. Laredo

Originally published at Litigation, Vol. 40, No. 3, pp. 47-51, Spring 2014

(SSRN Excerpt: pp. 1 – 4)

Many readers have heard of Lizzie Borden, tried and acquitted of the 1892 murder in . . . [more]

Posted in: Thursday Thinkpiece

What Technical Skills Should We All Really Be Learning?

A great deal has been written about what technical competencies the legal community should learn in order to move forward professionally. It seems that much of this, while well meaning, overstates the level of knowledge needed to excel in legal practice and other jobs in the legal industry both in the present and the future. I am not trying to imply that there isn’t opportunity for those who would like to explore the technical side of the legal industry, but that doesn’t mean there is room for the advancement of all individuals in this area or that all careers will . . . [more]

Posted in: Legal Information

Have You Notified Your Insurer?

Manitoba lawyers recently received a memo from the Law Society’s Insurance Department reminding them that it’s time to pay their 2014/15 liability insurance premium.

That memo also contains the annual reminder to practising, insured lawyers to “Speak now or forever hold your peace” with respect to known or potential claims. The Law Society reminds lawyers that:

Because our Professional Liability Insurance coverage is written on a claims-made basis, if you know of any circumstances which might possibly, at some point in the future, give rise to an insurance claim against you and you want coverage under your Insurance Policy, then

. . . [more]
Posted in: Case Comment, Practice of Law, Practice of Law: Practice Management, Substantive Law: Judicial Decisions

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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