Canada’s online legal magazine.

Resolutions to Avoid Corporate/commercial Claims

  • I will carefully document instructions, advice and steps taken: Sometimes claims against corporate lawyers are a result of an incomplete or improperly drafted document or other mistake by the lawyer, but in many cases there is simply a dispute over what was said and done or not said and done, or confusion over who was to look after which tasks. Taking detailed notes and documenting conversations with the client helps avoid this, as does using LAWPRO’s new “Checklist for Commercial Transactions”.
  • I will not dabble in areas outside my expertise: Corporate and commercial law is complex
  • . . . [more]
    Posted in: Reading: Recommended

    The Skill Development Disconnect in Law Libraries

    I read today’s post by Sarah Sutherland in the On Firmer Ground blog, “The developing skill-employment disconnect in law libraries and what to do with it” with interest. Sarah Sutherland is Manager, Library Services of McMillan LLP in Vancouver and currently Vice President of the Vancouver Association of Law Libraries. In this post she argues that law libraries have been sheltered from technology changes as compared with others in the library industry, and have therefore as a group not developed the skill sets now needed, or which will be needed in the near future.

    In my work . . . [more]

    Posted in: Legal Information: Libraries & Research

    Remembering Internet Activist Aaron Swartz

    This past Friday Aaron Swartz took his own life at the age of 26. In his short but remarkable life, Aaron had helped technologies many of us use every day, including RSS, Markdown and Reddit.

    Aside from his substantial technical contributions, Aaron also made a lasting contributions to web and data freedom. He co-founded the non-profit group Demand Progress, which played an instrumental role in the fight against SOPA. He fought against public data being placed behind paywalls, and used his technical know-how to compromise such systems. In 2009 he downloaded and released over two million documents from PACER, . . . [more]

    Posted in: Technology: Internet

    Solicitors v. Barristers

    When the rules were changed in the 1990’s in the UK granting extended rights of audience to solicitors, I had no difficulty believing what was so commonly heard on the street at the time – the independent profession of barrister was going the way of the dodo.

    I spent a week in London last month mostly among trust litigation lawyers. Of them, about half were barristers and half were solicitors. It became clear to me that the profession of barrister is alive and well. And I think I know why.

    It always struck me as odd why solicitors and the . . . [more]

    Posted in: Practice of Law: Future of Practice

    Tweet No Evil?: Social Media and Ontario’s Courtrooms

    by Amy Salyzyn

    Tweets from space! Far from a futuristic vision of social media, this is a current reality thanks to Canadian astronaut Chris Hadfield who has been tweeting from the International Space Station in recent days. Informative and occasionally entertaining (the tweets now include an amusing and well-publicized exchange with William Shatner), Hadfield’s use of social media is providing the world with a wonderful and intimate account of his time in, and view from, outer space.

    At the same time that Twitter is soaring past the earth’s boundaries, however, it will soon face new limitations here on terra . . . [more]

    Posted in: Justice Issues

    Can You Trust Law Online? a 2012 UELMA Update

    The Uniform Electronic Materials Act (UELMA) is slowly making that trust more of a reality in the United States. The Act was drafted by the National Conference of Commissioners on Uniform State Laws (NCCUSL or Uniform Law Commission) and was approved by them in July of 2011. As of now it has been adopted by two states, Colorado and California, and is under consideration in four more. The Uniform Law Commission’s summary webpage on the Act has up-to-date information on the progress of it in the states and much more A good summary of the origins and drafting of it, . . . [more]

    Posted in: Legal Information

    Monday’s Mix

    Each Monday we present brief excerpts of recent posts from five of Canada's award-winning legal blogs chosen at random* from thirty-five 2010 & 2011 Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

    This week the randomly selected blogs are 1. Entertainment & Media Law Signal   2. BC Injury Law   3. Small City Law Firm Tech   4. Legal Post    5. Canadian Legal History Blog
    Posted in: Monday’s Mix

    Flatulence Fodder for Official Reprimand

    Nobody likes it when someone cuts the cheese. But if it happens at work, repeatedly, is that grounds for claiming a “hostile work environment?”

    The U.S. Social Security Agency (SSA) issued this warning letter to one of its employees on December 10, 2012.

    The employee was warned during a performance review by his supervisor on May 18, 2012 that his co-workers were complaining, and was warned again on July 17 and August 14. He provided medical documentation at one point that he was lactose intolerant, but the supervisor stated in the letter, “It is my belief that you can control . . . [more]

    Posted in: Substantive Law: Foreign Law

    Summaries Sunday

    Summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. Every Sunday we present a precis of the latest summaries, a fuller version of which can be found on MLB-Slaw Selected Case Summaries at cases.slaw.ca.

    This week's summaries are in Search and seizure, Landlord and tenant, Criminal seduction, Matrimonial property & Hearsay:
    Posted in: Summaries Sunday

    Cascadia Cup Trade-Mark Ownership

    An interesting trade-mark battle is emerging between between Major League Soccer (MLS), and the Supporter Groups (SGs) for three of its franchises — Vancouver, Portland and Seattle. The battle is over the term ‘Cascadia Cup’, an award given to the best of those three teams, based on head-t0-head competition. For the uninitiated, one would think the MLS was in good standing to make such a claim; and obviously they thought so, filing their TM application with CIPO in mid-December.

    The troubles begin when you look at the Cup’s origin; and consider that the Cascadia Cup:

    • Was created by
    . . . [more]
    Posted in: Substantive Law

    There’s an Act for That.

    I recently had the occasion to spend some time at one of Nova Scotia’s more famous sites, Oak Island. Despite the relatively small footprint of the island, there is a wealth of legend regarding the island. Growing up in the Maritimes I thought Oak Island was a real life Treasure Island and in fact I may not have been far off. Dating from 1795 when a youth noticed some lights on the island and began to dig, the legend of the Oak Island Treasure has traveled far and wide. It is reputed that a pirate (or Spanish or French) treasure . . . [more]

    Posted in: Substantive Law: Legislation

    Resolutions to Avoid Doing Things That Annoy Clients the Most

    Clients will, understandably, get upset if they are treated badly or confronted with surprises. Make sure you appreciate how your words, actions, or inactions can annoy or even distress your clients. Here are some resolutions you can make to avoid doing the most common things lawyers do that annoy clients:

    • I will promptly return phone calls: Unacknowledged or unreturned phone calls are some of the most common complaints about lawyers. To avoid these problems, set and control client expectations at the very start of the relationship. Establish a reasonable policy on how quickly calls will be returned (e.g., within
    . . . [more]
    Posted in: Reading: Recommended

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    This project has been made possible in part by the Government of Canada | Ce projet a été rendu possible en partie grâce au gouvernement du Canada