In my last Slaw post I explored how lawyers can assist their clients through effective mediation advocacy and by providing mediation coaching. In this post, I would like to explore another combination of legal services and mediation that has enormous potential to create affordable and accessible dispute resolution opportunities for clients.

Unbundling (or limited scope representation as it is commonly referred to in the U.S.) is becoming more recognized and highlighted as a key tool to increase access to justice, particularly for those who do not qualify for legal aid services but cannot afford full representation (the CBA, NAC . . . [more]

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.

Justice for Profit: A Comparative Analysis of Australian, Canadian and U.S. Third Party Litigation Funding
Jasminka Kalajdzic, Peter Kenneth Cashman and Alana M. Longmoore
American Journal of Comparative Law, Vol. 61, No. 2, 2013

III. Canada . . .
C. Ethical Concerns

As a result of Strathy J.’s decision in Dugal [2011 . . . [more]

I recently heard a respected lawyer comment that if the legal profession allows disputes to be resolved outside of traditional legal systems, then we cannot ensure that proper attention will be paid to basic legal principles of fairness, justice and the rule of law.

That got me wondering, do lawyers have a monopoly not only on legal practice, but also on fairness, justice and rule of law? Are we the sole keepers of these ideals, delivered to us by governments who wisely recognized that only those called to the profession of law could meet the responsibility of ensuring adherence? (And . . . [more]

David Canton in his post today praised the IT.CAN conference. I, too, attended, and I agree: it’s the one to catch for IT/IP folks. Among the many things that caught my ear was a small reference to sound marks — that is, trade marks for the ear rather than the eye.

These are new to me, and relatively new to Canadian jurisprudence, though when I thought about it for a moment I realized that they were a perfectly sensible addition to the IP roster. (For some support for that conclusion, see a 2010 post on IP Osgoode — and . . . [more]

I attended the Canadian IT Law Association annual conference last week. It is IMHO consistently the best continuing ed program for IT law.

Some general conference observations:

1. Pay attention to speakers even if they are covering topics you are familiar with. No matter how well you know the topic, something new / useful will come up.
2. Conference materials in the cloud are the way to go. Much more convenient than on physical media.
3. Hotel / conference centre AV equipment won’t always display your presentation the same as on your work computer, especially if it includes animation or video. It’s a

The phenomenon of organized pseudo-legal commercial arguments (OPCA) being used to advance claims not recognized by law has received a great deal of attention in the past year. From last year’s judgment of Associate Chief Justice Rooke in Meads v. Meads, 2012 ABQB 571, to the recent occupation of a Calgary apartment by a Freeman-of-the-land who claimed it as an “embassy”, OPCA litigants have disrupted the functioning of legal system while attracting public attention and interest. In this column I argue that the defining indicia of OPCA are also present in the activities of some lawyers; specifically, in lawyers . . . [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. 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;

Remembrance Day is fast approaching. It’s a time to reflect on the sacrifices of our veterans, serving regular force members and reservists members of the Canadian Armed Forces (CAF). Since the war in Afghanistan, the Canadian public’s awareness and support of the CAF has increased significantly and has been maintained despite the draw down in operations in the part of the world.

When I joined the CAF in 2003 as an Army reservist, while public support was on the increase, legal support in the form of job protection for reservists was almost non-existent. Thankfully, in the 10 years since then, . . . [more]

Last Thursday, the Edmonton Law Libraries Association welcomed Mark Diner, Chief Advisor, Open Government and Transparency, Service Alberta to give a presentation on Alberta’s Open Data initiative. Mark is best introduced with a blog post he wrote this summer about the, then new, Open Data Portal.

The Alberta Open Data initiative is supported by an Open Government Licence. Individuals are free to:

3.Copy, modify, publish, translate, adapt, distribute or otherwise use the Information in any medium, mode or format for any lawful purpose.

The idea of having access to data that would otherwise be costly (or impossible) to . . . [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

To Avoid Corruption – Formatting a Memory Card Is Better Than Erasing Images on It
Dan Pinnington

With DSLRs, it has become very easy to fill your SD or memory card to capacity. Many of us have will have found ourselves deleting pictures when we run out of space. Doing this in the middle of a photo shoot is fine. However, if you are taking a bunch of pictures . . . [more]

I did not to go to Law via the Internet 2013 held on the Island of Jersey September 26 and 27, because the dates were not close enough to my planned trip to England in October to be able to do both. You can get a taste of what the conference was about from their web page and this statement:

It is 11 years since the Declaration on Free Access to Law was signed at Montreal and the Free Access to Law Movement (FALM) was founded. Since then the movement has grown to include organisations from more than 50 countries

The deadline for program submissions for the Canadian Association of Law Libraries conference to be held in Winnipeg, Manitoba, May 25-28, 2014 has been extended to November 1st (this Friday). Submissions can be made by anyone; you do not have to be a member. If you have an idea but have been wondering if you should submit, now is your chance!

Details and links below.

2014 Annual CALL/ACBD Conference

CALL FOR PROGRAM SUBMISSIONS DEADLINE EXTENDED: November 1st, 2013

Submissions for the 2014 Annual CALL/ACBD Conference program are open! The conference is an exciting opportunity to explore and learn about emerging