Some of you might be interested in recent comments of Professor Jason Neyers (of the University of Western Ontario, Faculty of Law), which I repeat with permission, on the Supreme Court of Canada’s recent decision in Antrim Truck Centre Ltd. v. Ontario (Transportation), 2013 SCC 13 (CanLII).

Dear Colleagues:

Although from a very high level of generality, the Antrim case really changes nothing in relation to the way Canadian courts decide nuisance cases (a two-step test of substantialness and reasonableness) on many points of detail the case is very troubling. What are some of these troubling bits?

1. The

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What’s VERY wrong with with picture (except perhaps in some US politicians dreams) and how did it get by the editor(s)?

http://tinyurl.com/cwsq68n

The related NY Times article is here or at the short URL on top. . . . [more]

Last week Sarah Thomson took to social media to recount her version of the events of Thursday March 7 when she attended the Canadian Jewish Political Affairs Committee Action Party event. Early Friday morning she posted to Facebook that Mayor Rob Ford grabbed her ass and made suggestive comments to the effect that he wished she had been in Florida with him as they could have had fun since his wife wasn’t there. She has characterized the incident as assault. Rob Ford has denied the allegations and said during his radio show on the weekend that he’s always believed that . . . [more]

Google Glass is a cool concept. The thought of having a real-time augmented reality display brings interesting possibilities. In addition to possible courtroom use, take a look at 10 Compelling Ways People Plan To Use Google Glass, and 11 Kickass Ways Normal People Will Use Google Glass. Possibilities include surgery, education, gaming, and navigation.

One of the hurdles to adoption is the practical aspect of whether people will want to wear them. Especially those who have gone to great length and expense to not to have to wear glasses in the first place. And when having a . . . [more]

Leslie Klinger has written a good many books about Sherlock Holmes. Currently he and author Laurie R. King are editing a book of stories by genre writers that are inspired by the Holmes canon. Their publisher, Pegasus Books, was contacted by the Conan Doyle Estate which, to quote Klinger,

implied that if the Estate wasn’t paid a license fee, they’d convince the major distributors not to sell the book. Our publisher was, understandably, concerned, and told us that the book couldn’t come out unless this was resolved.

Klinger began an action a month ago, asking the District Court in . . . [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 the week of March 5 to 12:

1. Shakur v. Mitchell Plastics 2012 ONSC 1008
   

   [1] This is an action for wrongful dismissal. The Plaintiff (“Mr. Shakur”) was employed by the Defendant (“Mitchell Plastics”) as a machine operator from September 24, 2001 to August 27, 2007 when he was dismissed by the defendant. . . . [7] Although there was no evidence that the banter engaged in

. . . [more]

When we were children, we used to think that when we were grown-up we would no longer be vulnerable. But to grow up is to accept vulnerability… To be alive is to be vulnerable.

– Madeleine L’Engle

The release of Canada’s national mental health strategy Changing Directions, Changing Lives last year served as a reminder that we are all, even lawyers, vulnerable to the effects of mental illness.

In today’s knowledge based workforce, the effects of mental illness are felt not only by individuals and their families, but also the economy. The impacts of mental illness may be further compounded . . . [more]

I closed December’s article by writing: Another important thing about managing projects [is] you have to be there. Projects don’t manage themselves. As Woody Allen said, “90% of life is just showing up.”

But what does “showing up” as a project manager mean?

Three facets of showing up bear examining. The three related to each other, but although there is overlap, each has key characteristics worth understanding separately.

Presence

Consider the lawyer/project manager who spends most of his time in his office, sending emails to the team from time to time. When he does walk around, the team feels just . . . [more]

Over the last few years the physical footprint of law firm libraries has been decreasing. Reasons for this include the ever-increasing price of real estate and the availability (both real and perceived) of legal materials online. Some library users rarely or never set foot in the library; this may be because they work in a different office, they work from home, or simply that they prefer to be able to access library services electronically.

In some cases, the decrease in square footage has been library-driven; if the library manager sees that the library does not need all the space it . . . [more]

A wag once said that the Yiddish word Chutzpah has been defined as the quality of a person who is accused of killing his parents and then throws himself on the mercy of the Court because he is an orphan. The Crown’s chutzpah runs throughout the entire line of post-1982 Aboriginal rights cases from Guerin to the most recent decision, Manitoba Métis Federation Inc. v. Canada (AG) 2013 SCC 14 (MMF), decided Friday, March 8, 2013. (This is the most succinct and least scholarly statement of the thesis that I have been in the throes of finishing for the last while.) In every ground breaking decision the Crown makes arguments that the Court points out are singularly lacking in merit and that display a serious disregard for the Crown’s, its obligation to avoid even the appearance of “sharp dealing”, to resolve ambiguities in treaties and in statutes “in favour of the Indians”, its fiduciary duty to Aboriginal communities, its duty to consult and accommodate and the honour of the Crown.

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

Helpful Keyboard Shortcuts for Navigating MS Outlook
Dan Pinnington

Keeping your hands on the keyboard is always faster than reaching to the mouse for a few clicks. Here are some handy keyboard shortcuts for basic navigation in Microsoft Outlook:Switch to Mail: CTRL+1 . . .

Research

Use the Telephone
Shaunna Mireau

I have mentioned in the past that calling a friend can be a fast path to a research . . . [more]

Like most law firm librarians, it is my responsibility to make sure that people in my organization have the information resources they need to do their work. We subscribe to a great number of resources and they are in so many formats and databases that locating specific items can be challenging. To make it easier for our users, my team has been creating what we call Practice Area Pages on our Intranet. We feed these pages with tools and information, both internally created and externally sourced.

One of the pages we have created supports our Insurance Practice Group. This page . . . [more]