Canada’s online legal magazine.

The Pastor Fred Phelps Has Died. Revisiting the Westboro Church’s Contribution to First Amendment Jurisprudence

The news last week that Fred Phelps, head of the Westboro Church had died, was not a particularly sad event for the vast majority of Americans. Fred Phelps had founded the « Primitive Baptist » Church, based in Topeka Kansas, in 1955, based on the idea that all calamities that befall the United States are a result of God’s wrath for the apparent acceptance of homosexuality in American society. The Church’s teachings were oftentimes hard to follow, but central to their message was their incessant picketing of the funerals of soldiers and homosexuals who had died of AIDS or had . . . [more]

Posted in: Case Comment

Tips Tuesday

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on technology, research and practice.

Technology

You Can Ignore “Low on Ink” Warnings on Inkjet Printers
Dan Pinnington

All too frequently, we have all faced the frustrating “printer is low on ink” warning – usually when we are printing something urgent. Do you need to immediately change your . . .

Research

How to Read Case Citations
Shaunna Mireau

An important legal research translation skill is the ability to look at a case citation and . . . [more]

Posted in: Tips Tuesday

What Actually Happens to Cases Filed in the Superior Courts?

While we don’t have much by way of empirical data about what actually happens to claims filed in the superior courts, we do know that only about 2% to 5% of these cases are ultimately resolved by way of trial.[1] In light of this fact, the conclusion is sometimes drawn that at least 95% of filed cases settle – that is, resolve without trial. Research completed over the last few years however, should serve to displace this assumption. Research into the nature and scale of unmet legal need and into the phenomena of self represented litigants, makes it clear . . . [more]

Posted in: Justice Issues

It’s Time to Amend the Bank Act So Clients Can Collect on Judgments

Ontario utilizes a “loser pays” legal system in which the losing party is usually ordered by the court to pay a portion of the successful party’s legal fees. As a result, regardless of who wins, someone ends up with a piece of paper requiring the other party to pay money.

Assuming that the losing party does not voluntarily cut a cheque, a bank garnishment ought to be the most straightforward and direct means to collect. I emphasize the word “ought”.

Put simply, once a bank is served with a Notice of Garnishment it is required to seize any funds the . . . [more]

Posted in: Practice of Law, Practice of Law: Future of Practice, Substantive Law: Legislation

Would You Take the Bait in a Phishing Scam?

“Phishing” is one of the most common scams that cyber criminals use because it can produce spectacular results with very little effort or expense on the part of the hacker. Phishing involves the use of an email, text message or phone call that appears to come from a trusted source or institution, vendor or company, but is actually from a third-party impostor. Phishing messages are intended to trick you into giving cyber criminals your information by asking you to update or confirm personal or online account information. Personal information and identity theft and/or payment scams are the motives behind most . . . [more]

Posted in: Technology: Internet

Open Refine and the ALCTS eForum on Library Linked Data

The Association for Library Collections & Technical Services (ALCTS) held an eForum on Library Linked Data earlier this month. An eForum is a great way to participate in a topical discussion because, unlike a webinar or live chat session, it allows you to drop in and out of the discussion as you have the time.

Theodore Gerontakos, Metadata Librarian, University of Washington and Co-Chair of the ALA Linked Library Data Interest Group, provided a couple of very useful summaries of the two days:

. . . [more]
Posted in: Technology: Internet

CCCA National Conference – April 6-8, 2014 in Calgary

The next Canadian Corporate Counsel Association National Conference will be taking place in Calgary from April 6 to 8th. The conference theme this year is “Energy matters” explained below (from the website):

ENERGY MATTERS

Energy as resource, as catalyst, as inspiration. The energy of in-house counsel, ignited.

The Canadian Corporate Counsel Association (CCCA) is the official voice and forum of Canada’s in-house counsel community; a community that is passionate, energetic, and always evolving.

Join us at The Westin Calgary in Calgary, April 6-8, 2014 for our National Conference, the largest gathering of in-house counsel in Canada. Featuring a program

. . . [more]
Posted in: Education & Training: CLE/PD, Practice of Law

The Black Spider Memos

A fascinating freedom of information/constitutional/administrative law case is winging its way to the UK Supreme Court.

It concerns 27 letters sent by Prince Charles to seven government ministers between September 2004 and April 2005 in which the heir to the throne lobbied for changes in policy.

A Freedom of Information tribunal decided in 2012 on the application of the Guardian newspaper that the Prince’s handwritten letters (dubbed the “black spider memos”) should be released because the public had a right to see how he had sought to influence government.

The Attorney General vetoed the tribunal’s decision and blocked publication, citing . . . [more]

Posted in: Substantive Law

One Shared Legal Future, Too Many Solitudes

We often talk about the “Two Solitudes” within the legal profession: the silos between the academy and the profession. However, a recent talk by the Treasurer of the Law Society of Upper Canada Thomas Conway made me realize that this dichotomy is wrong. There are not two solitudes within the legal profession, there are many more. 

As the Director of the Cavanagh LLP Professionalism Speaker Series at the University of Ottawa’s Faculty of Law, I invited the Treasurer to speak about “The Law Society of Upper Canada: Promoting the Public Interest and Facing the Challenges of a Changing Legal World”. . . . [more]

Posted in: Legal Ethics

Victim Compensation Reexamined in Ontario

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]

Posted in: 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