Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Cross-Border Torts: Canadian-US Litigation Strategies
Wyatt Pickett
Toronto: LexisNexis Canada, 2013

[Footnotes omitted.]

§3.1 If I could reduce the message of this book to one simple axiom, it would be this: “If you can bring your client’s action in more than one jurisdiction, you should bring that action in the forum whose substantive . . . [more]

A refuge remains for the printed page. Herewith the tale:

Ross Davies, one of my culture heroes, has published a fascinating article which goes by the salubrious title “The Increasingly Lengthy Long Run of the Law Reviews: Law Review Business 2012—Circulation and Production” in Volume 3, No. 2 of the Journal of Legal Metrics (2013). Professor Davies is an accomplished scholar at George Mason Law School who produces excellent scholarship in the usual mode for a legal scholar. But it does not stop there. He also has an endearing fixation on the mechanics of legal information and a love of . . . [more]

London’s Emerging Leaders organization just released survey results about attitudes of younger workers resulting from lack of employment opportunities. The unemployment rate amongst recent graduates is higher than the general unemployment rate, and I suspect many who are employed are under employed.

Are employers partly to blame for this? One of the problems cited by the Emerging Leaders executive director is the typical requirement of “3 to 5 years experience“. Employers surveyed ranked ambition and attitude ahead of qualifications as the top factor in hiring a candidate. But how would an employer ever know that a job candidate had . . . [more]

Ontario’s Court of Appeal yesterday issued decisions in 6 cases arising out of challenges to the mandatory minimum sentences imposed with respect to various firearms-related offences. In two of those decisions, R. v. Smickle and R. v. Nur, the Court found that the mandatory minimum sentence provisions of s. 95 of the Criminal Code breached s. 12 of the Charter of Rights and Freedoms, but did not breach s. 7 of the Charter.

Two recent decisions from the Court of Queen’s Bench in Manitoba have similarly challenged the constitutionality of the Criminal Code’s mandatory minimum sentencing provisions in relation . . . [more]

Running a small business successfully is tough – in any industry. In British Columbia approximately 98% of businesses are classified as small business, so those of us in B.C., and several other provinces actually, we’re in good company. The challenge, though, is producing high quality work while positioning yourself, and your business, for long term success.

You want to make smart business decisions and invest your time and financial resources wisely. Some firms will ponder marketing for a while before they begin, while others take a “let’s throw everything at them” approach.

Here are some of the most common questions . . . [more]

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. R. v. Vu 2013 SCC 60
   

   [1] In this case, the digital and Internet age meets the law of search and seizure. The encounter raises a novel issue: does the traditional legal framework require some updating in order to protect the unique privacy interests that are at stake in computer searches? The traditional legal framework holds that once police obtain a warrant to

We know that today marks the start of the Senate reform reference at the Supreme Court of Canada. I am certain that many of us wish we had three days to devote to viewing the webcasts of this event. If you cannot make the time for full attention to the webcast, Eugene Meehan kindly tweeted some of the grab and go information sources.

Tweet by tweet coverage is being handled by:

• @cmathen
• @alisoncrawford5
• @pauldayesq
• @TondaMacC
• @journo_dale
• @fionahmcfarlane

There are some hashtags that are currently in use including #SenCa #SCC and #cdnpoli

If you are planning to watch an SCC Webcast, . . . [more]

On the day that the Supreme Court begins to hear argument in the federal government’s reference concerning reform of the Senate (In the Matter of a Reference by the Governor in Council concerning reform of the Senate, as set out in Order P.C. 2013-70, dated February 1, 2013), it is appropriate, perhaps, to point out that the judgment by Québec’s Court of Appeal in a reference begun by the provincial government is in fact available in English.

Projet de loi fédéral relatif au sénat (Re) 2013 QCCA 1807 was summarized by SOQUIJ for Slaw last Sunday, and, . . . [more]

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

Passphrases Can Help You Remember Complex Passwords
Dan Pinnington

Creating a long, unique, complex (letters in upper and lower case, numbers and symbols) and random password for every service you use is the best practice standard when it comes to using secure and strong passwords.MP900390550 If you follow this advice however, your passwords will be an unreadable mix of letters, numbers and characters. . . .

Research

When You . . . [more]

Law firms are spoiled for choice when it comes to cloud computing services. You can place any or all of your practice technology somewhere other than your office. The maturing of the cloud world, and the seemingly endless proliferation of open source software, create additional options. If you are on the fence about where your information lives, these may push you over.

A challenge of using cloud or hosted Web services is the same kind of change that occurs on your desktop. Companies shut down products, change their business model and start charging for something that was free, or go . . . [more]

IP Osgoode has put online a series of videos of the panel discussions held during their symposium on User-Generated Content (UGC) Under Canadian Copyright Law held at Osgoode Hall Law School a month ago. You can see all six of the videos on the IPOsgoode site or view them on YouTube, the links for which are below:

• Video I: Practical Examples of UGC – Daniel Rosen, Gordon Duggan, Victor Nabhan (Panel Chair)
• Video II: Legal Aspects of UGC – Victor Nabhan, Samuel Trosow, Leonard Glickman, Pina D’Agostino (Panel Chair)
• Video III: Specific UGC Legal Aspects – Eva

After a 20 year campaign by TV lobbyists, on 31 October the UK Court of Appeal welcomed cameras into their courtrooms.

Live transmissions will operate with a 70-second delay so that the judges can halt broadcasts if there is evidence that needs to be excluded for legal reasons or to screen out offensive language.

Proponents believe it will assist the public in understanding the way courts work and to see the way justice is delivered. Not all jurists are in favour: read the views of Helena Kennedy Q.C. here. . . . [more]