Canada’s online legal magazine.

Bridging the Gap: Access to Justice Through Legal Intermediaries

Discussions about access to justice typically focus attention on access through the traditional routes of courts, lawyers, law schools and pro bono or legal aid service providers. In this context, solutions tend to emphasize more effective use of online technologies or simplification of processes to bridge the gap between those who need legal services and the services they require.

But, as Julie Matthews made clear in her recent article, Educating the Early Assistance Providers, in some cases, community-based intermediaries can function effectively to provide assistance that can reduce or eliminate escalation of a legal problem to the point where . . . [more]

Posted in: Justice Issues, Legal Information

New Ontario Superior Court of Justice Website

The Ontario Superior Court of Justice has launched a new website this month. The site will be rolling out additional features in the coming months, but already has a new section for the public called “Going to Court?” which provides some basic information about the justice system. There is also a page in this section for teachers and students which provides instructional resources.

In Chief Justice Heather Forster Smith’s speech during the Opening of the Courts on Sept. 24, 2013, she focused on access to justice and the role of technology. In addition to envisioning greater e-filing in . . . [more]

Posted in: Legal Information

Wednesday: What’s Hot on CanLII

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. Meads v. Meads 2012 ABQB 571

    [1] This Court has developed a new awareness and understanding of a category of vexatious litigant. As we shall see, while there is often a lack of homogeneity, and some individuals or groups have no name or special identity, they (by their own admission or by descriptions given by others) often fall into the following descriptions: Detaxers;

. . . [more]
Posted in: Wednesday: What's Hot on CanLII

It’s About Time

Lawyers tend to think of time in units of .1 hour.

But that is eons compared to some other time measurements.

If you are having trouble getting your head around the concept and speed of quantum computing that Simon wrote about yesterday, consider time metrics for tech we currently have.

Peter Higgs and Francois Englert recently won the Nobel Prize for physics for predicting the existence of the Higgs boson particle that explains how elementary matter attained the mass to form stars and planets. The actual existence of the Higgs boson was confirmed at the Large Hadron Collider at . . . [more]

Posted in: Technology

A Little Story

It is a beautiful day in Winnipeg this morning. The sun is shining. The sky is blue. The flowers are as beautiful as they can be before the frost finds them.

I was walking across the Osborne Street Bridge at about 7:30 a.m. and saw a woman standing on the wrong side of the railing, about half way across. At first I thought I must be seeing it wrong. A couple of people seemed to just walk past her. And then there was only me.

The woman’s back was to me. She was holding onto the railing with one hand,

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

Animal Rights, the Ikea Monkey and Lucy the Elephant

The Ontario Superior Court of Justice rendered a judgment on the Ikea Monkey in September and it is just as weird as you would expect. However, this decision and others dealing with the custody of animals raise questions regarding animal welfare, the move towards protective rights legislation, and the remaining roadblocks to accepting notions of animal rights under the law.

The Ikea Monkey:

Most of you will remember the story of Darwin, the macaque who escaped from his owner’s locked car last December and made his way into a Toronto area Ikea store, wearing a diaper and winter coat . . . [more]

Posted in: Substantive Law: Judicial Decisions

Hyperlinks and Searcher Expectations

One of the features that I really, really like in the LEGISinfo service is a wee little link in the right panel of the Status Overview for a Bill. The link is titled “Similar Bills Introduced in Previous Sessions”. It is extremely useful to look at previous iterations of legislation and likewise to see how long something has been on Parliament’s agenda. I use this information regularly, most recently for a Slaw post.

Since I was on a plane last week, the title of Bill C-3 which was introduced on Friday caught my eye: “An Act to enact the . . . [more]

Posted in: Substantive Law: Legislation

Quantum Computing . . . This Side of the Event Horizon?

As with so many things, the legendary — and ofttimes apocryphal — Yogi Berra said it best: “It’s tough to make predictions, especially about the future.” Still, there are developments that seem to be certainly portentous, even if we can’t say what shape the portents will assume tomorrow and the day after that. All of which wriggling is appropriate to a discussion of quantum computing, if only because the very nature of quanta is elusively probabilistic.

But what might any of this have to do with law? Here’s the simple thought: we can see that as information technology becomes more . . . [more]

Posted in: Miscellaneous

Tips Tuesday

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

Using Windows XP SP3 and Office 2003 After April 8, 2014 Will Expose You to Security Dangers
Dan Pinnington

Microsoft will no longer be supporting Windows XP SP3 (Service Pack 3) and Office 2003 (SP3) as of April 8, 2014. After this date there will be no new security updates,winxplogo non-security hotfixes, free or paid assisted support options or online technical content updates from Microsoft. Your computer will still . . . [more]

Posted in: Tips Tuesday

3 Tips to Use When a Client Is More Than 50% of Your Business

Do you have a giant client that gives you more than 50% of your revenue? That can be good news and the bad news. The good news is you can concentrate on the needs of that client giving them exceptional work and client service. The bad news is they consume your time and you have nothing left to develop other clients. Which leaves you with the looming question… “What would happen to my business if they took their work someplace else?” That one can keep you up at night! I know from experience the sleepless nights and the havoc it . . . [more]

Posted in: Legal Marketing

The Duty to Give a Release When Settling a Lawsuit

A release usually forms part and parcel of any settlement. Most of the time there is little or no dispute over the wording that goes into the release. However, a recent case is notable for giving a quick refresher (or crash course) in the law of releases.

To put it shortly, the case law is clear that where a settlement is reached, it is normally implied, absent some agreement to the contrary, that an executed final release will be given.

On the other hand, parties are not bound to execute a complex or unusual form of release. While the duty . . . [more]

Posted in: Practice of Law

Should Assessing a Cloud Provider’s Financials Be Part of Your Due Diligence?

In a recent post the prolific and insightful Lee Rosen suggested that a cloud provider’s market dominance shouldn’t be your sole criteria when assessing the company’s prospective longevity. Instead, Rosen suggests a lawyer should adopt the Regan-era mantra of “trust, but verify,” and assess — essentially, audit — a cloud computing provider’s financials to prove out the company’s financial health. Rosen uses his diligence on his practice’s cloud provider, Salesforce.com, as providing a high degree of financial visibility that helped him gain a level of comfort with placing his practice’s data in the company’s hands.

Rosen closes his post with . . . [more]

Posted in: Technology, Technology: Internet, 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