Canada’s online legal magazine.

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. Precedent  2. SOQUIJ Blogue  3. BC Injury Law and ICBC Claims B  4. Legal Post  5. Legal Feeds

Precedent
Precedent opens the TSX
Melissa Kluger, Precedent’s editor and publisher, opened the Toronto Stock Exchange this morning to mark tomorrow night’s AIDSbeat Rock & Roll Circus. Precedent is a proud . . . [more]

Posted in: Monday’s Mix

Supreme Court Separates Itself From Nadon

According to an article in the Globe and Mail, newly appointed Justice Nadon “has been told” — presumably by the Chief Justice — to stay away, because of the pending challenge to his status.

The article quotes a letter by deputy registrar, Mary McFadyen, written at the behest of “the court” to the provincial and federal governments, making clear that:

As questions concerning the legality of Justice Nadon’s appointment are pending before the Court, it has adopted the following measures to ensure that justice is both done and is seen to be done in an independent and impartial manner: 1.

. . . [more]
Posted in: Miscellaneous, Practice of Law

Legal Career Alternatives – Winning the Lottery

The chances of winning the Lotto 6/49 jackpot is about 1 in 13,983,816. The odds of a lawyer winning that jackpot are exponentially higher.

Don Worme of Semaganis Worme in Saskatoon hit the winning number on Aug. 31, 2013. He did not come forward as the winner until this past week, making sure his practice was in order first.

Worme won $14.7 million, the largest win in Saskatchewan. Worme has indicated he plans on making contributions to some charitable organizations, but has something else in mind as well. He plans on using the funds to “super-charging” his practice, which focuses . . . [more]

Posted in: Miscellaneous

Who Is to Be Master? Or, L’État C’est Moi!

Once upon a time, Humpty Dumpty reminded Alice, in Lewis Carroll’s Through the Looking Glass:

“When I use a word,” Humpty Dumpty said in rather a scornful tone. “It means just what I choose it to mean – neither more or less.”
“The question is,” said Alice, “whether you can make words mean so many different things.”
“The question is,” said Humpty Dumpty, “which is to be master – that’s all.”

Readers of this blog, and others who follow Canadian politics and law, will know that there is some controversy surrounding the appointment, by the Prime Minister of Canada, . . . [more]

Posted in: Justice Issues, Miscellaneous

On Ronald Coase

the (proclaimed by others) progenitor of the law and economics movement.

http://www.worldeconomicsassociation.org/newsletterarticles/ronald-coase-1910-2013-by-david-westbrook

The appeal of the Coase theorem, and to lesser extent the “Theory of the Firm,” to legal scholars is somewhat puzzling. While many law professors resisted the impulse to explain the world in terms of implicit contracts and around alleged costs (the even more speculative reliance on alternative uses of factors of production has been, to my knowledge, ignored), more subscribed. This is odd. One might have thought that lawyers would viscerally sense the importance of history, of power, of institutional arrangements — of lots of things besides

. . . [more]
Posted in: Miscellaneous, Reading

Democratic Numb3rs

Earlier this month here in Nova Scotia we undertook an exercise in democracy, the very foundation of our legal system. From a numbers perspective two very interesting numbers came out of that exercise. Firstly, the results of the election proved to be the first time in 130 years that a first term government in Nova Scotia was not returned to power. This is not a political blog so I’m not going to go into any depth on that point other than to say that something happening for the first time in 130 years sounds like a significant event but actually . . . [more]

Posted in: Legal Information, Miscellaneous

The Friday Fillip: “Soup of the Evening, Beautiful Soup”

I had my first cullen skink the other day.

I felt a little as dear M. Jourdain must have felt when he learned he’d been speaking prose all his life, for I’ve had many a chowder in my time that’s come within a ace of skink, had I but known it. Finnan haddie, potatoes, onions, milk or cream. But the name! A delicious mouthful all on its own. Cullen’s a town pretty much in the top right-hand corner of Scotland, and skink, well that’s a Scottish word originally for a shin of beef but later generalized to mean a . . . [more]

Posted in: The Friday Fillip

Profits of Law

SLAW contributor Mitch Kowalski was in Australia speaking as a “legal futurist” on our national radio legal show, The Law Report, while here I am writing in a Canadian publication.

The old “Prophet in a foreign land” phenomenon was evident particularly when telling Australians about the only two law firms in the world to have been publicly floated — both Australian.

I did a similiar thing by bringing legal IT visionary Peter C Hart out to Australia from Canada in the late 1980’s and early 1990’s. The great thing about bringing an overseas expert is that they get attention. Though . . . [more]

Posted in: Legal Technology

More on the Future of Law School

I wrote last month on a recent conference, The Future of Law School. The backchannel and later discussion was considerable, as I’ve noted, and several others wrote about the rich panel presentations and their own ideas about the future of law school. Weeks later, I still find myself pondering ideas from it often. I’m thinking lately about the place of the law school and its connection—in Canada—to the university and its library.

The focus of the conference was where law school curricula are, should be, or could be headed. Participants and presenters discussed various factors that do or might drive . . . [more]

Posted in: Education & Training, Education & Training: Law Schools, Legal Information: Libraries & Research, Practice of Law: Future of Practice, Technology

Does Government Spying Threaten Privilege?

A recent report shows that US government spying has gone even farther beyond what Edward Snowden disclosed. The National Security Agency has apparently broken the security of two major in-the-cloud email systems, Gmail and Yahoo! mail. The story reports that the spy agency intercepted metadata and content of over 180,000,000 emails in the space of a month.

Does knowledge of this activity mean that a lawyer who uses one of these services for business email waives privilege in the content? Is it like speaking to your client in a criminal matter with a police officer clearly within earshot?

Or does . . . [more]

Posted in: Miscellaneous, Practice of Law

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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