In the aftermath of the disappearance and death of a high profile Toronto lawyer, the legal community has expressed a greater interest in the victim compensation fund in place for clients of lawyers and paralegals practicing in Ontario.

At the February Convocation, new guidelines were put in place for the victim Compensation Fund, which has been in place since 1953. The fund serves to protect the public per s. 51(5) of the Law Society Act, and is administered by a Compensation Fund Committee established under By-Law 12. The Guidelines created by this Committee was recently upheld by the Divisional . . . [more]

This week's summaries concern: Municipal property tax / Admissibility of evidence / Judicial review of administrative board / Constitutional language rights:

From Legal Sourcery:

CBA Legal Research Section

CBA Saskatchewan is considering expanding its sections and providing a Legal Research forum for lawyers that are interested in maintaining and honing their research skills. This section will be geared towards those who conduct legal research, including lawyers with firms, the courts, government, corporations and law reform and other legal institutions, contract research lawyers, and law librarians in the private and public sectors. If you are interested in being part of the section, please contact the Branch. Based on the level of interest, the Branch will consider introducing this section during the 2014-2015

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We note the death of Canadian author, Heather Robertson, last Wednesday. She published her first book, Reservations are for Indians, in 1970, and her last book, Walking into Wilderness, four years ago. She was a founding member of the Writers’ Union of Canada and the Professional Writers Association of Canada.

For the Slaw community she is best known for being the representative plaintiff in the action by freelancers to be paid royalties for electronic and digital access to their work. Robertson v. Thomson Corporation is the seminal case on copyright in a digital environment as it affects freelancers . . . [more]

The title being a snippet of the Irish Proverb: “May you have the hindsight to know where you’ve been, the foresight to know where you are going, and the insight to know when you have gone too far.” Why that title? Well on Monday of this week it was the 17th, better known as St. Patrick’s Day. We all know St. Paddy’s Day (anyone else notice the push back at “St. Patty’s” day this year that I have not noticed previously?) is named after Saint Patrick who reputedly led the snakes out of Ireland and we all know the festivities . . . [more]

In a six to one jointly written decision (Moldaver, J. in dissent), the Supreme Court of Canada has answered the questions In the Matter of a Reference by the Governor in Council concerning sections 5 and 6 of the Supreme Court Act, R.S.C. 1985, c. S-26, as set out in Order in Council P.C. 2013-1105 dated October 22, 2013 2014 SCC 21 as follows:

1. Can a person who was, at any time, an advocate of at least 10 years standing at the Barreau du Québec be appointed to the Supreme Court of Canada as a member of the Supreme . . . [more]

It is time to take a stand against all the bogus rhetoric about bogus refugees.

Our current Minister of Citizenship and Immigration, Chris Alexander, has unfortunately taken a shine to making frequent use of the pejorative, inflammatory and meaningless term. That was certainly the case last month when he decided to take Ontario Health Minister Deb Matthews to task for her decision to step in and provide essential health care coverage for large numbers of refugee claimants who had been cut out of the federal government’s longstanding refugee health care program.

On January 22^nd he chided Minister Matthews, complaining . . . [more]

In my next life I shall be an architect. I already have a couple of pairs of eyeglass frames suitable for the role, and I once had a corduroy suit, albeit of the wrong colour. But, perhaps more to the point, I’m an inveterate maker. Not for me, though, big buildings or bridges. No, I’ll build dwellings — and, by preference, small houses. Cabins, if you will.

Surprisingly, there’s quite a lot of competition out there for the job of cabin builder. And even more enthusiasm for the business of dreaming about building cabins. Indeed — you’ve heard of porn, . . . [more]

The New Brunswick Court of Queen’s Bench recently admitted into a criminal case screenshots of a Facebook conversation that took place the day after an alleged sexual assault between the complainant and the accused. R v Nde Soh, 2014 NBQB 20

The court held – properly, in my view – that the screenshots were electronic documents within the meaning of ss. 31.1ff of the Canada Evidence Act, which reflect the Uniform Electronic Evidence Act. It found that the documents were properly authenticated. It decided that the computer system was sufficiently reliable in the absence of any evidence from . . . [more]

In case you needed another reason to get paranoid about your growing loss of privacy, Facebook has now successfully developed facial recognition software that performs to the same standard as the human brain. [Cited FB research paper.]

The project is called “DeepFace”, and its recognition rate of 97.25 is closely comparable to human accuracy at 97.53%. Even with variances in lighting; and even when the angle of the shot is different. If you’d like to get into the detail, the link above gives a nice condensed summary.

What could this mean in the future? It’s hard to predict, of . . . [more]

Perhaps after 3 trips to Oz in the last 6 months I’ve become too attached to that “sun-burned country.”

Or perhaps, it’s the deliberate myopia of many lawyers and Benchers in Canada that raises my ire.

Anyone who has an informed interest in alternative business structures (ABS) – structures that permit outside investment in law firms – will know that Australia, not the UK, was the first country to allow outside investment into law firms.

A reasonably informed person will know that the state of New South Wales (population of about 7 million and whose capital is Sydney) permitted this . . . [more]

Since late last year, a groundswell of opinion seems to be developing in favour of open and free access to legal scholarship and secondary sources.

Sean Hocking’s recent column speculates that “someone will see that a Wikipedia type solution to the cataloguing, editing and free distribution of legal information is of benefit to a functioning democracy in the 21st century.”

Who will do this work? He suggests that this role will be taken on by “unemployed or at least underemployed legal editors, academics and dare we say it, lawyers, out there who’d be willing to initiate the process of getting . . . [more]