When a colleague told me a few weeks ago that it is legal in 29 states for someone to be fired solely because they are gay, I almost didn’t believe him. Although I know of the still prevalent discrimination faced by LGBT individuals in the United States, I was surprised (to say the least) that majority lawmakers in many states still openly oppose employment protections for gay, bisexual and transgender persons.

As most of you know, in Canada, discrimination in the private realm is prohibited in all provinces by the Human Rights Acts and by the Quebec Charter of Human . . . [more]

Four hundred and eight years ago today the public in England learned that on the previous night the king’s men had foiled a plot to blow up the Houses of Parliament with eighteen hundredweight of gunpowder that had been stashed in the basement and enhanced with timbers and iron bars. The target of the plot was the king and queen who were scheduled to attend a ceremony at the House of Lords on the 5th of November. In all, some thirteen men were arrested and the eight survivors were swiftly tried and executed. The event is commemorated in England as . . . [more]

The law of libel is continually evolving to strike and maintain a careful balance between the protection of reputation and the interests of free expression. This balance was most recently readjusted by the Supreme Court of Canada in its adoption of the new defence of Responsible Communication in Grant v Torstar Corp., 2009 SCC 61. However, proposed legislation in Ontario will have the effect of disrupting this carefully crafted balance, which will ultimately be detrimental to litigants, the right to protect one’s reputation and the overburdened Ontario justice system.

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

How to Use Google to Search With a Specific Website
Dan Pinnington

The search functionality on many websites is dismal, and in sometimes it is non-existent. If you are looking for something on a specific website and can’t find it, don’t despair, Google comes to the rescue.
You can use Google to search within a specific website by preceding your query with “site:SpecificSiteURL” [substitute your URL and don’t use . . . [more]

The patent infringement action between Bell Helicopters and Eurocopter has been a topic of discussion among patent lawyers since the trial decision was released in January 2012. The Federal Court of Appeal recently dismissed the appeal and cross-appeal (Bell Helicopter Textron Canada Limitée v. Eurocopter, 2013 FCA 219) in a lengthy decision covering many hot topics in Canadian patent law.

While the decision has a number of interesting issues, including utility and sound prediction, I will focus on the award of punitive damages.

In general, punitive damages may be awarded when the defendant’s conduct is “in exceptional . . . [more]

Justice Edward Belobaba has approved the settlement reached in the Groupon class action lawsuit.

For those not familiar with Groupon, the company sells a variety of vouchers at a discount that can be used towards the purchase of goods or services. For example, a customer may be able to pay $50 for a voucher that can be redeemed to obtain $150 worth of duct cleaning services.

Up until recently, the vouchers carried an expiry date. The plaintiff alleged that it was illegal (for a variety of reasons) for the vouchers to carry an expiry date.

The settlement provides that customers . . . [more]

Last week a joint report between the Financial Times and SLA was released: The evolving value of information management: and the five essential attributes of the modern information professional (free download with registration).

The report delves into changes in the work of information professionals, change in what executives believe information professionals should be doing, and any gaps between these perceptions. It then provides changes that information professionals should be considering and specific action items to achieve these.

From the introduction:

We encourage information professionals to question how the strategies in this report can assist you in enhancing the value you

. . . [more]

My last post discussed the viability of assessing a cloud provider’s financials as part of your due diligence process, and I concluded that requesting full access to a cloud provider’s financials is simply not a reasonable request to make of a privately held company.

How can you entrust your data to a company that you don’t know the financial health of, you ask? You plan for the worst. Expect the company will fail without warning, and plan accordingly.

To be prepared for this eventuality, look for the following in your prospective cloud provider:

Data Backup in Open, Non-proprietary Formats . . . [more]

This is taken from Know How Administrative Dismissal Claims Happen, and Take Eight Steps To Immunize Yourself Against Them which appears in the September 2013 issue of LAWPRO Magazine. The article also contains the Dimissal Motions: What is the Test? chart by Debra Rolph, LAWPRO’s director of resarch.

Rule 48 [of the Ontario Rules of Professional Conduct] claims arise when it is alleged that the dismissal of a claim was due to the lawyer’s negligence with respect to either a defended (Rule 48.14) or an undefended (48.15) action. Many of these claims have been very costly for LAWPRO. While . . . [more]

The Council of the Nova Scotia Barristers Society has just released a report produced by Victoria Rees, their Director of Professional Responsibility, entitled “Transforming Regulation and Governance in the Public Interest.” The report is currently under consideration by the Council.

From the Executive Summary:

The goal of this paper is to inform, not to persuade.
In adopting ‘Transforming Regulation and Governance in the Public Interest’ as a strategic priority, Council has signalled that it wants to consider fundamental and perhaps profound change. Council members will need to approach the concept of transforming regulation and governance with an open

. . . [more]

Innovation in the legal space is lagging behind almost every other industry. For years now, people have been saying that the law students will take up the mantle and be the new wave of innovation, a new way of doing law that will mean affordable legal services. There is little evidence of this with students or in the profession. This gap in innovation is attributed to a reason for unaffordable legal services. There are exceptions to the rule, such as Cognition, and Riverview in the UK. Why is this happening? What can we learn from the innovators? And what can . . . [more]

I remain indebted to peer review. Sure, I’ve been called a dilettante. Had ideas dismissed as half-baked. Had the floor swept with the derivative nature of my work. Been chastised for treating data as singular. And then the self-inflicted wounds of my own careless error. But having suffered from what appears only at first glance to be the slings and arrows of outrageous peer-review, I stand by this process.

I will defend a career’s worth of the anonymous and thankless work of reviewers who have provided the concerted kind of attention that I undoubtedly needed. It has made me, such . . . [more]