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. Moore v. Getahun 2014 ONSC 237
   

   [1] On November 12, 2005, the plaintiff Blake Moore’s motorcycle careened out of control. The plaintiff flew over the handlebars. The plaintiff and the motorcycle hit a parked hummer vehicle causing it to move two feet. The plaintiff suffered a high impact fracture to his right wrist and other minor injuries. He was taken to the emergency

From my holiday viewing habits, Netflix now seems fairly (and justifiably) certain that I will be intrigued by content categories such as “Crime Comedies”, “Absurd Satires”, “Witty British TV Shows” and “Critically-Acclaimed Movies from the 1980s”. A recent article in The Atlantic tells us that Netflix has nearly 77,000 micro-genres and still deeper micro-tagging and rating of the underlying content. This data, combined with monitoring of viewing and clicking activity allows Netflix to, in the words of Netflix’s VP of Product Todd Yellen, put “the right title in front of the right person at the right time.”

The Netflix magic . . . [more]

My team is consumed with rolling out the new WestlawNext Canada platform to our colleagues. This is a big job that many firms will face, so I thought I would share some things we have done to support this project.

First, as with any change, communication is key. Before we started down the rollout road, we discussed it as a library team, then with our key stakeholders – our Library Committee, and also with the Director of IT. We looked at the timing of this rollout from the perspective of capacity of our human resources, capacity of our technology (hardware . . . [more]

There are frequent complaints about the costs of resolving disputes in Canada’s courts. It is prohibitively expensive for many Canadians to hire a lawyer to take their case to court.

On Thursday, the Supreme Court of Canada will release two decisions that will explain the test for obtaining summary judgment in Ontario. These cases were decided under Ontario’s new rules for summary judgment that came into force in 2010. The new rules were prompted by findings and recommendations made in 2007 by the Honourable Coulter A. Osborne, Q.C. , having “access to justice” as an overarching issue. The changes . . . [more]

An article in this week’s Law Times notes another court decision, this time in Ontario, approving substitute service by Facebook. In other words, counsel showed the court that there was no other reasonable way of getting the documents to the party to be served, and that sending to FB was likely to reach the party.

The author says that this should be the norm.

The requirement for hand-delivered document service, while historically sensible, is somewhat archaic in this electronic age. Successful service should be all about making sure that the person is aware of the document. For those of us

Other than heavy reliance on alliteration what do these three things have in common? They’ve all been on my mind in recent months. And as such things go, what I’ve seen and read about the first two have influenced the third. Here’s how:

Motorbikes

A few years ago I scratched a long-standing itch and re-engaged with my childhood love of motorbikes, purchasing the machine I’d dreamed of ever since my parents sold my 50cc minibike. Now I’m back on the road, but the middle-aged realities of running my own business and raising three kids means days spent actually riding are . . . [more]

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

Don’t Worry About Overcharging Your Mobile Device Batteries
Dan Pinnington

Some people still worry about overcharging the batteries on their mobile devices. Those of us that have been around a bit longer will remember the days when you were supposed to fully charge and then fully discharge your batteries so they would maintain the ability to take and retain a full charge through many charging cycles. This was an . . . [more]

Last week I wrote about the high cost of the NSA’s aggressive data-gathering efforts on US-based technology companies. These companies have lost billion-dollar contracts and suffered user exoduses as both corporations and individuals, especially those outside of the US, worry that the NSA has back-door access to their private data. Will these concerns be addressed by the reforms to the NSA announced by President Obama last week?

The Verge offers an in-depth analysis of Obama’s promised reforms with a scorecard measuring the effectiveness of those reforms against the recommendations of the Presidential review panel that were delivered late last year. . . . [more]

I recently read Ron Deibert’s, “Black Code: Inside the Battle for Cyberspace” and so my ears perked up a few days ago when I heard Deibert talking to Matt Galloway on Metro Morning.

Diebert, who is also the Director of the Citizen Lab at the Munk School of Global Affairs here in Toronto, was talking about surveillance at the upcoming winter Olympic Games in Sochi. He considers surveillance in Russian society to already be “near total,” and mentions a recent Russian directive that will ensure that all communications at the games are “collected, archived for three years . . . [more]

Cybercrime dangers are many, complex and ever-changing. Hardly a day goes by without another news report of a data breach or other cyber-related scam or theft. Cyber criminals have considerable resources and expertise, and can cause significant damage to their targets. Cyber criminals specifically target law firms as law firms regularly have funds in their trust accounts and client data that is often very valuable. This article, from the December 2013 issue of LAWPRO Magazine, reviews the specific cybercrime dangers law firms need to be concerned about, and how they can mitigate their risks.

At home, coffee shops, restaurants, . . . [more]

Canadian scientific research is under threat following the federal government making it more difficult to access scientific information and significantly down-sizing or closing federal science libraries. We are seeing a drastic reduction in accessibility to information and related literature research services needed by the Canadian scientific community, far exceeding library maintenance and restructuring that would typically be done to keep up with changing information, technology and standards.

Today CBC News reports that the main Health Canada science library has been closed. According to the news report, the closure was justified by a drop in in-house staff use of the . . . [more]

What’s in store for civil advocacy in Ontario?

It is a vexing question. No one seems to know the answer.

But here are some things we do know: fewer and fewer cases are reaching trial; fewer and fewer litigators are getting trial experience; more and more cases are being resolved through mediation; there has been no corresponding reduction in the cost of litigation or improvement in the speed of resolving disputes.

A world that offers only mediated, interest-based resolution of civil disputes is a world where the rule of law is weaker, where rights are not robust and predictable.

The . . . [more]