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It’s the End of the World as We Know It …

Mobile devices! Google everywhere! Is this the end of the world as we know it? Is it the end of legal research as we know it?

Of course, it isn’t any such thing. Even so, the rise of mobile devices does seem to be related to changes in how legal research is conducted and what results are expected.

A recent post from Raymond Blijd of Wolters Kluwer predicts the death of legal research on desktop. As mobile devices become even more easy to use, and as information is organized and formatted to make it more accessible on those devices, the . . . [more]

Posted in: Legal Publishing

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada's award-winning legal blogs chosen at random* from forty-one recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Employment & Human Rights Law in Canada   2. First Reference Talks   3. ABlawg.ca   4. Off the Shelf    5. All About Information
Posted in: Monday’s Mix

Racial Profiling Class Action Against Toronto Police

A class action was filed by Munyonzwe Hamalengwa on Friday on behalf of the Black Action Defence Committee against the Toronto Police for the practice of racial profiling. The issue of racial profiling of African-Canadians has been closely examined by several academics and media sources, with findings that have been troubling to some.

The claim seeks $65 million in damages, as well as the following remedies:

A declaration that police have breached the Charter and an order requiring them to “desist from engaging in and condoning racial profiling” of blacks and other “colourful” minorities.

A declaration that racial profiling is

. . . [more]
Posted in: Substantive Law

Summaries Sunday: Supreme Advocacy

Summary of all appeals and leaves to appeal granted (so you know what the S.C.C. will soon be dealing with). For leaves, both the date the S.C.C. granted leave and the date of the C.A. judgment below are added in, in case you want to track and check out the C.A. judgment. (Oct. 5 – Nov. 15, 2013 inclusive).
Posted in: Summaries Sunday

The Friday Fillip: Singing a Different Tune

Back in the day some important numbers in music were 78, 33 1/3, and 45. Now, of course, numbers just don’t enter into it — the “it” being the speed at which data is lifted off a medium: “faster” (cousin to “more”) is the only watchword, as numbers exponent (should be a real verb) beyond our understanding.

(An interesting sidelight: I always thought these numbers represented technological progress or something akin to that. Turns out that, like so much else, they were simply fabrications born of capitalist competition, designed to dupe the rubes. And for a forehead-slapping “Doh!” incident, I . . . [more]

Posted in: The Friday Fillip

The Promise of Labour Arbitration: Delayed but Not Forgotten

There has been a much-needed recent focus on the state of the civil litigation process in Canada. Of course, the courts are only a small (albeit vital) part of our system of justice. In fact, a majority of people in Canada will have little, if any, direct contact with the courts; they are more likely to encounter various aspects of the administrative justice system in disputes with neighbours, in their workplace and with governments. In this column, I will focus on the justice system for unionized employees – the labour arbitration process.

Labour arbitration was introduced as part of the . . . [more]

Posted in: Dispute Resolution

Are Reports to the Police Protected From Defamation Suits?

Preserving one’s reputation is a fine value – and one that the law of libel strives to protect. But it’s not absolute, and the law recognizes that some communications are so important that they must trump reputation. That’s why communications that enjoy privilege are defensible in defamation cases. So is there a qualified privilege when reporting relevant information to the police in good faith, protecting the individual reporting the information from a libel suit. The answer is Yes.
Posted in: Case Comment, Legal Information: Publishing, Miscellaneous, Substantive Law: Judicial Decisions

US Court Dismisses Copyright Lawsuit Against Google Books Project

Judge Denny Chin of the United States Court of Appeals for the Second Circuit in New York today dismissed the copyright violation lawsuit that US author groups had launched against Google.

The search giant has been digitizing tens of millions of books to create a massive online library / bookstore but the project was opposed in a lawsuit by US publishers and author organizations that started in 2005. The publishers’ group split off and settled earlier.

The judge wrote that the ambitious project respects authors’ rights and is a case of “fair use” (equivalent to fair dealing in Canadian copyright . . . [more]

Posted in: Substantive Law: Foreign Law, Technology: Internet

Buying Personal Information in Bulk: Not So Fast!

An attempt by a Canadian online dating service, Plenty of Fish, to buy the database of a bankrupt competitor has run aground on privacy considerations (in Texas, of all places).

This has echoes of a situation a decade ago where the database of a toy company was going to be acquired. My recollection (subject to correction by Slaw readers) is that the purchase was derailed by public outcry more than by operation of law.

How would you go about making sure that your clients’ databases of personal information are saleable assets – or can this be done in Canada (or . . . [more]

Posted in: Substantive Law: Foreign Law

Moral Superiority

Is the exclusion of “non-lawyers” from ownership of law firms simply a relic of the belief in lawyers’ superior morals? And is lawyers’ professionalism dependent on that particular organizational structure?

Those were questions raised in Tuesday night’s wide-ranging Twitterchat hosted by Monica Goyal, a partner in Aluvion Law and a member of the CBA Legal Futures Initiative’s Innovation and Business Structures team.

One of the most frequent objections to the idea of changing the current regulations regarding the ownership of law firms is the purported impact this will have on the professionalism of those involved.

“Is the reservation to diversifying . . . [more]

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

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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