Canada’s online legal magazine.

Season for Giving

The ice storm passing through Central and Eastern Canada is making many of us give pause. Many people are hours–and possibly days–without power, and some (the horror) are without cell phone or Internet access. It makes us thankful for what we do have, and what we typically take for granted. I am seeing a lot of people pulling together to help one another.

What about those who have to go without on a longer term basis? How are we pulling together to help them?

In Toronto I am particularly seeing a lot of support for the Daily Bread Food Bank . . . [more]

Posted in: Miscellaneous

International Legal Publishers — Lexis, Westlaw, Wolters Kluwer, And… Wikipedia

Yes, Wikipedia

A recent encounter I had with German tax law was quite revealing. A claim had been made by the German tax authorities for the payment of a gift tax on a transaction in Canada that took place more than a decade ago. A computer trace of some kind by the German tax authorities had recently brought the matter to light and resulted in a demand for the payment of back taxes by a Canadian to the German government based on incomplete information.

Recognizing my serious limitations in tax matters of any kind, I approached a highly regarded member . . . [more]

Posted in: Legal Publishing

Bedford: A Significant but Cautious Victory

The Supreme Court of Canada’s much-anticipated decision in Canada (Attorney General) v Bedford (Bedford) represents an important victory for sex workers’ rights. Although there is a long road ahead in terms of implementation, which will be peppered with contentious debates about the role of the state in the regulation of sex work and the legitimacy of sex work as labour, it is important to pause and look at the decision with a critical lens, taking into account the symbolic significance of this landmark case. Simultaneously, the Court’s decision also highlights serious concerns regarding the attainment of civil liberties on the . . . [more]

Posted in: Case Comment

Legal Incubators for Innovation and Access to Justice

Last August I mentioned the CBA’s summary report on access to justice, Reaching Equal Justice: An Invitation to Envision and Act. This past week the Access to Justice Committee released the final report.

The report traverses many topics on the reasons why change is needed, including the growth of pro bono and unrepresented litigants, increase in poverty and legal illiteracy and increasing complexity of the legal system. The report also investigates several solutions to the problems, such as innovation in the courts, unbundled services and relying on technology.

There’s one idea in particular which has attracted my attention . . . [more]

Posted in: Practice of Law: Future of Practice, Practice of Law: Practice Management

Summaries Sunday: SOQUIJ

Protection du consommateur: L'impression générale qui se dégage des annonces publicitaires de Kia Canada est qu'il n'y a pas de TPS à payer, ce qui est inexact; il s'agit d'une déclaration susceptible de tromper le consommateur, et Kia Canada est condamnée à payer des amendes totalisant 6 000 $.
Posted in: Summaries Sunday

A Comment on Bedford

The Supreme Court of Canada was unanimous: our prostitution laws do more harm than good. The laws take a lawful activity and make it more dangerous. It is an important victory for sex workers and their allies who support decriminalization. But, the political battle has only just begun.

Three criminal laws were at issue: the laws preventing bawdy houses or brothels (s.210), living on the avails of prostitution (s.212(1)(j)) and communicating in public for the purposes of prostitution (s.213)(1)( c)). Each law, according to the Court, increases the risks faced by sex workers. . . . [more]

Posted in: Case Comment

Federal Q.C.s as Anniversary Presents

Eighty-one years and ten days ago the Statute of Westminster 1931 was signed into law, UK legislation that came close to giving the Dominions, including Canada, complete independence. What was reserved to Britain was, by section 7, the power to amend the British North America Act, something that didn’t arrive on these shores until the repatriation of the constitution in 1982.

Avowedly to celebrate this demi-glorious moment, the federal government recently bestowed the designation of Queen’s Counsel on seven (to honour s.7?) lawyers in the public service. This, despite the fact that the federal government stopped designating Queen’s Counsel . . . [more]

Posted in: Miscellaneous

Legalization and Apostilles in Canada: A Bleg

[vocabulary watch: ‘bleg’ – a request (beg) for information delivered by blog]

Does anyone know of any instance where any body in Canada – private or public – asks that foreign public documents be legalized before being accepted for use here? (Legalization is a method of authenticating a foreign public document by consular officials of the country in which it is to be used. Public documents can include birth certificates and other personal status documents, school or unversity transcripts, and much else that is issued by a public authority of some kind.)

So far as I know, no one in . . . [more]

Posted in: Justice Issues, Miscellaneous

Bare Minimum Tech Standards for Lawyers

I am dealing with an older lawyer who told me that he won’t be able to review my 3 page agreement until January 6, 2014 because his staff will be gone for the holidays and he needs staff to help him with technology – in this case, with blacklining my agreement, which would be tough since I sent the agreement to him in pdf format. I suggested that he make his comments in pen on the document and then fax it back to me. He did manage to do that.

This is not the first time that I have come . . . [more]

Posted in: Practice of Law, Practice of Law: Future of Practice, Practice of Law: Practice Management, Technology, Technology: Office Technology

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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