Sivia v. British Columbia (Superintendent of Motor Vehicles), 2014 BCCA 79

1. CASE SUMMARY

Areas of law: Motor Vehicles; Legislation; Constitutional law; Charter of Rights-

-Provisions in Motor Vehicle Act establishing automatic roadside prohibition regime for motorists registering a failure on an approved screening device infringing s. 8 of Charter (unreasonable search and seizure) and not salvageable under s.1

Background: The petitioners were motorists who had received 90-day roadside driving prohibitions (”IRP”) under provisions in the Motor Vehicle Act (“MVA”) establishing an automatic roadside prohibition regime (“ARP”) after they had either refused to supply a sample of breath, or having . . . [more]

Faillite : Il n'y a aucune raison d'importer en droit canadien le concept américain de «contribution substantielle», l'article 11.52(1)c) de la Loi sur les arrangements avec les créanciers des compagnies permettant à une partie de requérir une sûreté afin de garantir les honoraires professionnels d'intervenants faisant preuve d'une participation efficace au processus de restructuration.

Technology, particularly legal technology is supposed to make the delivery of legal services more convenient. However, sometimes lawyers get in the way and muck things up. Teraview is a perfect example.

Back in the day, anyone could walk into the local registry office and register any document they wanted. Since the mid-1980s registration documents were not witnessed, nor were signatures checked. The system was one of openness and accessibility.

Then along came Teraview – which allowed registration from anywhere in Canada via the internet. A seemingly great idea that would make real estate transactions faster and smoother. However, everyone forgot . . . [more]

A number of Australian library associations including the Australian Law Library Association released a study earlier this month that highlights the big 5-to-1 bang for the buck from resources invested in government, law firm and organizational libraries.

In fact, every one dollar investment in special libraries such as law firm libraries brings 5.43 dollars in return to their organization, according to the study commissioned by the associations.

From the press release:

“ALIA [Australian Library and Information Association] Executive Director Sue McKerracher said, ‘Working in the library and information sector, we all recognise the value of special libraries. What

. . . [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.

Royal Succession and the Canadian Crown as a Corporation Sole: A Critique of Canada’s Succession to the Throne Act, 2013
Philippe Lagassé and James W.J. Bowden
Constitutional Forum constitutionnel Volume 23, Number 1, 2014

(Excerpt: pp. 19, 20)

I. The Canadian Crown as Corporation Sole

. . . .

Perpetuity and seamless succession, . . . [more]

This article provides more details on the following comment that I posted (April 10^th) to Dan Pinnington’s article of April 8^th, “Ontario Judge Strongly Pushes for Greater Use of Technology in Courts and Orders E-Trial”:

My Comment, excerpted:
Make the preparation work of a lawyer making production comparable to that of an accountant. The client doesn’t give the accountant 100,000+ records and say, ‘here, you make up our financial records and then do the audit.’ The litigation lawyer should be able to work the same way, by combining the searching and reviewing into

. . . [more]

This year, as we have done for a few years in the past, Slaw will each day in the coming week host a number of student essays written for Professor Adam Dodek’s first year course in Legal Ethics at the University of Ottawa Faculty of Common Law. As Professor Dodek has said here before:

I have found that our students have great perspectives on these issues because they were so recently members of that ridiculous term that only lawyers use: “lay people”. While law school is certainly a socialization process for the legal profession, law students have not been fully

. . . [more]

A few months ago, a subscriber to John Gregory’s listserv (which every IT law enthusiast should subscribe to) sent a message regarding how the impact of IT on the legal profession was being taught (or rather wasn’t being taught) in Universities across the country.

Of course, that very question has preoccupied lawyers and legal scholars alike for two decades with regard to IT law, i.e. whether it should be treated as a subject in and of itself (in which case it usually isn’t a mandatory class, meaning that students can go through law school without hearing the word “Internet” . . . [more]

À Québec aujourd’hui et demain, au Château Laurier, a lieu le 22e Congrès annuel des conseillers en accès à l’information et en protection de la vie privée (programme). Me Chantal Bernier, Commissaire par intérim à la vie privée du Canada, a offert une excellente allocution d’ouverture ce matin. À retenir: le Commissaire à la protection de la vie privée (CPVP) du Canada aura bientôt des dents pas mal plus longues. . . . [more]

Have you developed a new and better way to serve your clients, a breakthrough way to find new business, or a truly innovative way to value and sell your services? If so, you deserve recognition from your legal industry peers, colleagues and clients. Presented by the College of Law Practice Management, the InnovAction Awards recognize lawyers, law firms, and other legal service providers engaged in extraordinary, game-changing, innovative activities. Apply today to share your breakthrough and to earn the recognition you deserve. Applications and more information are available at www.innovactionaward.com

Past winners are listed here. . . . [more]

Access to justice is an ongoing problem across Canada and the call is out for lawyers to contribute to the solution.

Late last fall, the Canadian Bar Association’s Task Force on Access to Justice issued a final report, Envisioning Equal Justice. The Task Force set targets to bridge the growing gap between those who can afford legal services and those who are eligible for publically funded legal services (i.e. legal aid). One of those targets is that by 2020, all lawyers will volunteer legal services at some point in their career.

Around the same time, the Action Committee on . . . [more]

CASL – the new Canadian anti-spam act – comes into force July 1. It contains extensive, complex provisions that apply to the sending of any email that has a hint of a commercial purpose (a “CEM”). In the short term it may increase the amount of email we get. We have all received emails from mail lists we are on asking us to confirm our consent. But there is another reason we may get more. The reason goes like this:

CASL requires express or implied consent from the recipient before a CEM can be sent.

The act contains a . . . [more]