For some years now Slaw has acted as a repository for the memos and precedent opinions of the Toronto Opinions Group (TOROG), an informal group of lawyers primarily practising with the Toronto offices of the larger Canadian law firms, with an interest in third party (or transaction) opinion practice.

Recently TOROG has updated two of the memos and has added a new one, providing a good opportunity for Slaw to remind readers of the existence of these very helpful documents.

Updated are the memos on “Third Party Opinions On Foreign Law Documents” and “Limited Partnership Opinion Paragraphs . . . [more]

A few comments with respect to access to justice caught my attention in the recent Manitoba Queen’s Bench (Family Division) decision in Price v. Laflamme, 2013 MBQB 25 (CanLII). In the course of providing reasons for a decision on costs at the conclusion of a lengthy trial, the trial judge noted that the conduct of the petitioner’s conduct in the matter effectively discouraged any possibility of resolution of the matter. He noted that:

Implicit in that conduct may have been a desire to exhaust the resources of the respondent/father in pursuing his position. No stone was left unturned. No examination

A recent Ontario Superior Court case gives some interesting guidance on regulatory jurisdiction over Internet activities. Civil jurisdiction is not completely resolved, but there are lots of cases, and criminal jurisdiction is also ‘known’ to some extent. What regulators can do or should do is often harder. I speculated a bit on that topic in a presentation on jurisdiction a few years ago: www.euclid.ca/jurisdiction2005.ppt (pages 15 – 20).

In Ontario College of Pharmacists v. 1724665 Ontario Inc., 2013 CanLII 13655 (ON SC), the court held that a call centre in Ontario that was acting for a company in Belize . . . [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 April 2 – 9:

1. R. v. Duncan 2013 ONCJ 160
   

   5. At heart, Mr. Duncan’s case was unremarkable. A minor alleged Highway Traffic Act offence led to a police-citizen interaction in the parking lot of Mr. Duncan’s apartment building in the wee hours of the morning. A request that Mr. Duncan produce his licence led to an alleged refusal, which led to an

With an uncritical eye the Chief Justice of Ontario’s report on professionalism makes a virtuous call for higher standards of professionalism for lawyers. It is a response to the reality of declining professionalism. The report, as well as the prevailing discussion on professionalism, does not reflect certain realities. The discourse bifurcates professionalism and morality in a way that the concept of professionalism is assumed to be morally neutral. The elements of professionalism are listed as: scholarship; integrity; honour; leadership; independence; pride; spirit; collegiality; service; and balanced commercialism. Not only does the list exclude a recognition of some fundamental attributes, but . . . [more]

Firms are navigating a tough financial climate, suppressed growth rates, and declining demand. Previous downturns have been transitory, as the industry has been able to recover within a few years. However this time the landscape has changed and the legal sector is not expected to return to previous levels of growth for a long time. Whatever kind of economist-speak you prefer, there’s no getting around the fact that now is a scary time to be a firm leader. Whether you choose to call it the digital age, the knowledge economy, or even “the New Normal,” it seems clear that we . . . [more]

May El-Abdallah is a former articling student at LAWPRO. This article originally appeared in the 2012 Student Edition of LAWPRO Magazine.

Law school can be a steep learning curve, and stepping into the world of practice can seem even more daunting. One of the most common complaints I hear from recent graduates is that they feel under-prepared to deal with the day-to-day realities of practice that they are confronting as articling students or recent calls.

While there may never be a substitute for hands-on learning, here are a few lessons my colleagues and I wish we had learned in law . . . [more]

I have never had the opportunity to practice my craft in a law school library having only worked as a law librarian in private firms. By the time I meet law students, they have had the benefit of learning about legal research in the academic setting. Though legal research practice in a law firm setting may operate differently than in academia, the principles of legal research are the same. Law firm librarians enjoy the fruits of the labour that takes place in law school libraries.

Recent news from the U of A Law Library was unexpected.

We regret to announce

In a competitive job market, it’s important to consider not only what kind of work YOU want to do (and in what kind of environment), but also what legal employers are looking for in a new hire.

This does NOT mean that you need to contort yourself and your interests into a one-size-fits-all mold to have any hope of finding a job. In fact, when we asked law firm spokespeople from across Ontario to describe the perfect candidate, we were surprised with the variety in their responses (see our article “Finders & keepers: Recruiting and retaining the best talent . . . [more]

From an Access Copyright press release:

Monday, April 8, 2013: Canada’s writers and publishers take a stand against damaging interpretations of fair dealing by the education sector.

Access Copyright is taking legal action—on three fronts. The actions focus on York University, ministries of education, school boards and post‐secondary institutions that copy—and promote the copying—of copyright‐protected materials without a licence.

Read the full press release here. . . . [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

Why You Should Consider Banking at Two Banks or Financial Institutions
Dan Pinnington

With purses or wallets full of debit and credit cards, and all sorts of options for electronic payments and web-based banking, most of us have moved away from being reliant on cash. And most of us do all our banking at single bank or credit union. There are some benefits to doing your banking electronically, but . . . [more]

The Canadian legal profession has never been shy to rationalize and justify its role in society. The public relations campaign launched by the Ontario Bar Association in February is just the latest in a long history of institutional advertising efforts tracing as far back as the 1930s when the Saskatchewan Law Society placed a series of advertisements in a farm weekly.

A new urgency, however, now colours our collective efforts. What it means (and will mean) to be a lawyer has perhaps never been more uncertain. In other jurisdictions, new and disruptive business structures are radically changing once taken-for-granted “rules . . . [more]