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. Rochon v. MacDonald 2014 ONSC 591
   

   [7] It is important to distinguish between liability for the accident and liability to pay a judgment. The apportionment of liability is one of the factors that the court should consider in exercising discretion under section 131 of the Courts of Justice Act, R.S.O. 1990, c.C-43 (see Rule 57.01). The practical obligation to pay a judgment is

Unless you’ve been hibernating, you know that support for Windows XP SP3 will end on April 8, 2014. This means that Microsoft will not be providing any security updates after that date. Should you care and quickly run out and purchase an upgraded operating system? Many critics are claiming that Microsoft is stopping support in order to increase sales of the more current operating system software. Others are predicting that the sky will fall as hackers are just waiting to release their latest malware right after April 8^th. We believe that there will be attempts to compromise Windows . . . [more]

I was surprised to receive a factum last week that omitted an overview statement. Most people now include an overview statement even though some Rules of Court do not expressly require one.

The overview statement is the most important part of any factum. Its purpose is to explain what the case is really about. Too short, or not enough context, and the first opportunity to persuade is lost. Too long, or not sufficiently focused, and the reader is left confused rather than primed to understand the subsequent argument.

When I am drafting a factum (or even a letter, or a . . . [more]

The LegalTech Day One Keynote with Jason Thomas of Thomson Reuters was intriguingly titled “TOR, Bitcoin, Silk Road and the Anonymous Web: Drugs, Bombs and Murder-for-Hire”. If that wasn’t enough to bring me into a crowded conference room filled with legal technology types, there was also tasty coffee.

All kidding aside, Mr. Thomas’s presentation was a great start to the 34th annual ALM Legal Technology show. Jason Thomas is the Chief Innovator at Thomson Reuters.

Jason started his session with a William Gibson quote: “The future is already here, it’s just not evenly distributed.”

He asked the crowd to raise . . . [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

Put the Sun Behind You for Better Outdoor Pics With Your Mobile Phone
Dan Pinnington

Unfortunately, the camera on your mobile phone – and even your more expensive DSLR camera – just don’t see things well quite as well as your eyes do. So, what can you do to get better outdoor pictures? Getting more light on your subject by making sure the sun is behind you will greatly . . . [more]

During a recent presentation on developments in knowledge management, I found myself at a loss about what generalized recommendations for technological solutions to give, because I have observed ongoing and growing divides among organizations in their adoption of technology. These divides combine with differing organizational goals to create an environment where that there are fewer applications that are sufficiently generalizable to be recommended to a group, which aren’t already in widespread use. Word processors, web browsers, library systems, file management systems, and others are easy to recommend to most organizations of a certain type and size, and there was a . . . [more]

Robin Cover, Director of Information Services at OASIS (Organization for the Advancement of Structured Information Standards), has released version 2 of his annotated bibliography on standards for legal citation.

This extensive collection provides a list of references “intended to provide general background to the larger ‘legal citation’ problem.” A Standardized Data/Markup Model to Support Neutral Citation of Court Cases, Legislation, and Regulations includes references from 1995 up to and including mid-January 2014.

In his introductory remarks Cover notes that “As of September 12, 2012, community discussion was underway about the value of a standardization effort to define a . . . [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.

Every law firm has huge . . . [more]

The Internal Revenue Service of the United States has recently denied charitable status to an organization that promotes a knowledge of internet security to bloggers and civil society groups, notably those in foreign countries whose freedom of expression may be threatened by state bodies.

As one US commentator wrote:

The IRS denial, in short, hinges on the applicant’s activities looking too much like a for-profit trade or business and also the following not qualifying as “charitable” – (1) preserving the fundamental human rights set forth in the United Nations Universal Declaration of Human Rights (b/c it is a declaration, not

We haven’t mentioned this previously, and I only just discovered it this weekend: “Making Rain“, the business development practice management coaching video column from Canadian Lawyer Magazine, hosted by certified executive coach Debra Forman of Pinstripe Coaching. Started in March 2010, these brief monthly videos give practical advice on business development for lawyers.

In the latest episode, Forman provides twelve resolutions for the coming year (one for each month). This series is a worth a look.

The full series is available from the Canadian Lawyer video listing. . . . [more]

What is the scope of the advocate’s duty to act fearlessly in the conduct of a client’s case?

A hearing was in progress in the UK last week before a Bar Standards Board disciplinary tribunal over the way in which a barrister conducted a criminal defence.

The BSB has charged professional misconduct against the barrister.

Among the five charges is the fact that the barrister cautioned the jury to view the judge’s summing up as they might regard a salesman’s patter.

The defendant was convicted, and appealed on grounds including that his barrister’s conduct at trial was unprofessional and provocative . . . [more]

Background

Over recent years, there has been much ink spilled about “Alternative Billing Arrangements”. Generally we focus our attention on the mechanics of common structures, such as volume based discounting, contingency arrangements, flat fee billing, success fees or secondments. Intuitively, this approach seems logical and mirrors how such initiatives are often jointly approached by inhouse and external counsel teams, but it is flawed. As a result, we unknowingly restrict ourselves from unlocking the full benefits of such endeavours, and in turn, the use of alternative legal service delivery models has not reached critical mass.

The Challenge

The challenge for inhouse . . . [more]