[We experienced trouble this week obtaining statistics in time to be published on Wednesday.] 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. Brooks (Re) 2013 CanLII 54306 (ON RC)
   

   1. This Ontario Racing Commission (ORC) Hearing as it now proceeds is in response to:

   • Written request by Jeffrey Brooks (Brooks) relating to Standardbred Ruling 23/2010 immediately suspending Jeffrey Brooks’ ORC licence G368T7 on January 28, 2010, Racing Commission Act 2000

. . . [more]

The most recent issue of the Weekly Checklist of Canadian Government Publications refers to a number of publications from the Canadian Judicial Council relating to court management and the management of case information.

They include papers on systems to manage digital court documents, the determination of costs in civil litigation involving digital information and e-discovery, as well as a comparative analysis of court administrative systems in Australia, Canada, England and Wales, New Zealand, Northern Ireland, the Republic of Ireland and Scotland:

• Court Information Management: “Traditionally, courts have relied on the availability of filed documents – both paper based or

. . . [more]

I had naively assumed that if you were pardoned for having committed, and being convicted of, a criminal offence, that was that: you and society were square and the slate was clean. An article in today’s Globe and Mail, “Ottawa revokes pardon for man accused in Via train plot” by Colin Freeze, disabused me of that notion. The truth of the matter is that the clearing of the record is conditional.

Under s.2.1 of the Criminal Records Act, R.S.C., 1985, c. C-47, the Parole Board of Canada “has exclusive jurisdiction and absolute discretion to order, refuse . . . [more]

Little has been written about the role of Legal IT Professionals in the law firm of the future. Most commentary has focussed on the law firm as a whole, or on the role of lawyers in the firm. So let me break from the mould.

We live in a world where corporate clients view “process” as just as important as lawyering. In other words, quality is a given and is expected by clients. For corporate clients, quality gets your foot in the door, but better processes will differentiate the firm and seal the deal. As a result, it is foolish . . . [more]

The European Court of Human Rights is celebrating the 60th anniversary of the entry into force of the European Convention on Human Rights, which was signed in Rome on November 1, 1950, by 12 member states of the Council of Europe, and came into force on September 3, 1953. The Convention was one of the first instruments to give effect and binding force to certain of the rights stated in the Universal Declaration of Human Rights.

The disease that afflicted legal and professional publishing for the last two decades was corrosive on many levels.

The first symptom of the Digital obsession or Digitisis disease was the overspending on document structure definitions and an obsession with rescuing whole ‘limbs’ of content that were probably going to be amputated in due course anyway. No-one in Lexis, Thomson, Bloomberg-BNA or Wolters-Kluwer-CCH could agree on what future content should look like so they had no idea what to keep or discard. This indecision led to the lowest common denominator strategy of ‘digitise and it will be worth it . . . [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.

Corporate Crime and Civil Liability
Gordon Kaiser
Toronto: LexisNexis Canada, 2012

Introduction

The past 20 years have seen a dramatic increase in corporate crime (or at least the detection and prosecution of corporate crime) such that this area now concerns virtually all corporate lawyers. This concern is heightened by civil litigation that invariably . . . [more]

There is considerable discussion these days about how the legal community can help to increase access to justice for Canadian citizens. We know that mediation is a valuable tool to that end but I wonder whether lawyers are recognizing its full potential or, in some cases, shortchanging its benefits.

While this may not be entirely “new”, this post encourages lawyers to amplify the role that they play in choosing and using mediation.

There are increasing opportunities for lawyers to participate in mediation, not in a mediator role but in a counsel or advocacy role, all of which support increased access . . . [more]

A few smart watches are on the market now. The Pebble that resulted from a Kickstarter project is probably the most well known one.

Many manufacturers are working on their own versions. Samsung today revealed its Galaxy Gear smartwatch .

For now, it apparently only works with Samsung’s Galaxy Note 3, but I’m sure that will change soon.

So what does a smartwatch do? Basically, it works as an interface for your smartphone. You can make and receive calls from it, send and receive texts, control music, and interface in other various ways. It responds to touch, voice, and gesture . . . [more]

Thanks to a comment Noel Semple on the legal ethics email list to which I belong, I was alerted to the fact that the Advocates’ Society has filed a factum as an intervener in the appeal by Joseph Groia of the finding against him of misconduct — “incivility,” principally — by the Law Society of Upper Canada. (See also the Advocates’ Society note on the matter.) The appeal has yet to be heard. The Advocates’ Society has also placed online Groia’s factum, that of the Canadian Civil Liberties Association as intervener and the respondent Law Society’s factum.

This . . . [more]

Last month, the Manitoba Court of Appeal commented on the practice in some Manitoba courts of ordering charitable donations be made as a part of sentencing in criminal or other quasi-criminal proceedings.

The Court, in R. v. Choi (J.W.), 2013 MBCA 75 (CanLII) was considering an appeal of sentence by the Crown from a conviction under s. 124(1)(c) of the Immigration and Refugee Protection Act relating to the defendant’s illegal employment of six foreign nationals. The sentence imposed by the lower Court was an 18-month conditional discharge including supervised probation and a condition that Choi:

Make a charitable

. . . [more]

That’s the question. Whether it’s a no-brainer to hang in and suffer all of the outrageous highs and lows of advertising, economic instability and the decline of print or instead, in search of fortune, shake a spear at that particular sea of troubles? These might be among the issues facing the multiplicity of business to business publishers that continue to produce magazines, directories, exhibitions and other activities that rely on advertising and sponsorship, for lawyers and other advisers.

It hasn’t been an easy time for the magazines and related sectors for a good number of years now. Moreover, many of . . . [more]