Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from sixty recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Canadian Securities Law 2. Avoid a Claim 3. ABlawg.ca 4. University of Alberta Faculty of Law Blog 5. Double Aspect

Canadian Securities Law
CSA publish guidance on implementing OBSI dispute resolution mechanism
The Canadian Securities Administrators today released guidance to assist registered dealers and advisers outside Quebec, which are . . . [more]

I’ve written extensively about the need for diversity in the legal profession, and for legal education to be more innovative and accessible. I haven’t touched on as much on one of the key missing pieces in legal education, which is the diversity of those providing the education to begin with.

Of course diversity in academia should be promoted for all the reasons we advocate for it to occur in the private sector – better creativity, more productivity, improved returns, and of course, the moral imperative to do so.

Part of this moral imperative includes the recognition that law school . . . [more]

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:
Chattels real v. personal/ Aliens – Naturalization / Constitutional Law – Indian defined/ Criminal Law – Sentencing:

Chaque semaine, nous vous présentons un résumé d’une décision d’un tribunal québécois qui nous est fourni par la Société québécoise d’information juridique (SOQUIJ) et ayant un intérêt pancanadien. SOQUIJ relève du ministre de la Justice du Québec, et elle analyse, organise, enrichit et diffuse le droit au Québec.

Every week we present a summary of a decision by a Québec court provided to us by SOQUIJ and selected 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.

CONSTITUTIONNEL (DROIT) . . . [more]

Once upon a time, I represented a client (rather than managed the project) when I met with a senior project manager new to an in-progress project. He informed me that our job together was to “manage the client’s expectations.”

“No,” I replied, “our job is to meet the client’s expectations. Are you saying we didn’t set them correctly in the first place?” Given that the project already underway, he was telling me subliminally either that he thought the project was about to fail or that his predecessor had screwed up.

The difference between setting and managing expectations is more than . . . [more]

We called it black and white, but in truth it was all shades in between. It was how we saw movies, how our photographs looked. And somehow the eye didn’t blench or weep for want of vibrant reds. We made up the colours in our minds, perhaps — it’s difficult to remember the ur-experience now that Dorothy’s landed in Oz and LCDs play across a full 60 inches — or perhaps we simply didn’t care about colour, pushing through to the essentials such as the story or the memory of an event.

Nature anticipates the greyscale with its retinal rods . . . [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.

Utopia, Book 2
Sir Thomas More
Published 1516

(Excerpt: Of Their Slaves, and of Their Marriages)

They have but few laws, and such is their constitution that they need not many. They very much condemn other nations, whose laws, together with the commentaries on them, swell up to so many volumes; for they . . . [more]

One of the principles governing how the law has come to terms with electronic or digital technology is that of media neutrality: the law should work the same way regardless of the medium by which information is created, communicated or stored. We do not want to create a parallel system of legal rules that apply only when certain technologies are used. We may need to adapt our usual rules to deal with special characteristics or applications of the technology, but these should disrupt normal expectations as little as possible. The challenge is to judge how far it is appropriate to . . . [more]

As of today I am retiring as publisher, editor, and manager of Slaw. I have asked Steve Matthews, the innovative and talented President of Stem Legal, who has been with Slaw since the beginning, to take over as publisher of Slaw; and I’m thankful indeed that he has agreed. Steve is in charge here now.

This is something of a wrench for me. I started Slaw nine years ago and have managed it since that time; I’ve written more than 2,500 entries and another 500 or so as Administrator. I’ve seen it grow from a crew of half a dozen . . . [more]

I’m wearing my risk management hat this week, while attending the American Bar Association’s conference on legal malpractice. Though one might argue if I did my job well, there’d be no need for it, the unfortunate reality is that legal malpractice claims continue to be filed across Canada. In keeping with the theme of my week, following is a repost of a recent article I wrote for the Canadian Lawyers Insurance Association Loss Prevention Bulletin on a consistent source of claims against lawyers – the missed limitation date.

Two years ago, just after Christmas, there was a small fire in . . . [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. Reference re Senate Reform 2014 SCC 32
   

   [1] The Senate is one of Canada’s foundational political institutions. It lies at the heart of the agreements that gave birth to the Canadian federation. Yet from its first sittings, voices have called for reform of the Senate and even, on occasion, for its outright abolition.

   [2] The Government of Canada now asks this Court, under

You or your client may come across a patent or patent application and be aware of prior art or have other reasons to believe it is invalid. The patent may have shown up in a patent search, such as a freedom to operate search or be listed in a demand letter sent by the competitor.

Depending on the situation, the competitive situation, and the budget, there are several ways to challenge the validity of a Canadian patent application or issued patent. I recommend involving a patent agent and/or patent lawyer to assist with determining which, if any, option is best . . . [more]