Canada’s online legal magazine.

The Friday Fillip: Music Is Fractal

Well, the styles seem to be, at least: gaze into one genre and listen to it split into dozens of others; rinse, repeat.

I stumbled across the term “shoegaze” used to describe a style of music. (Wonderful term, inventive linguistically far more than the music it labels, I think.) It served yet again to remind me how wide the world of music is and how narrow my own tastes. I imagine that once past a certain age — 25? 32? — everyone loses their grip on what’s current in the music scene. For one thing, styles pop into and out . . . [more]

Posted in: Miscellaneous

OMG Pro Sports Strike Again, Now What?

For the second straight year pro sports in North America had a work stoppage. For many lawyers this is a catastrophe as they have no idea how to entertain clients without a game to attend.

What is interesting about business development is that we regularly go back to the tried and true without ever asking our clients if that is what they like to do. If every year for the past decade you have taken a client out for dinner for a steak dinner followed by a hockey or basketball game and every year billings go up slightly it must . . . [more]

Posted in: Legal Marketing

Library of Parliament Paper on Omnibus Bills

So-called omnibus bills have been in the news a lot this year. The 2012 federal budget that amended dozens of pieces of legislation was referred to by many commentators as an omnibus bill.

What is this legislative creature?

The Library of Parliament recently published a paper entitled Omnibus Bills: Frequently Asked Questions that tries to get to the bottom of the issue:

Omnibus bills have been used for decades by governments of various political stripes as a vehicle to propose certain kinds of legislation to Parliament. While their use is well entrenched in Canadian parliamentary practice, it is nonetheless often

. . . [more]
Posted in: Legal Information: Libraries & Research, Substantive Law: Legislation

Articling Debate Exposes Convocation’s Flaws

Today the Law Society of Upper Canada (LSUC) once again considered the issue of what to do with articling in Ontario.

Once again, the matter was webcast so that all could see the debate.

Once again, viewers were shocked by what they saw.

Once again, Benchers came across as clubby and out-of-touch.

Time and again, they stood up and made verbose, rambling arguments based on nothing more than anecdotes, personal experience and emotional pleas.

Given that most are litigators, it’s astounding that so many do not understand how to make brief, pithy remarks; they’ve clearly been trained (perhaps during articling) . . . [more]

Posted in: Education & Training, Education & Training: CLE/PD, Education & Training: Law Schools, Practice of Law, Practice of Law: Future of Practice

Revival of a Really Big iPhone

Ok, it’s not an iPhone, but it is a very old computer from the 1950’s. One of the first dozen ever to exist, weighing in at 2.5 tons; and it has been restored back to life by the National Museum of Computing in Buckinghamshire, UK.

Here’s a clip:

It’s called the Harwell Dekatron (aka ‘WITCH’ — ‘Wolverhampton Instrument for Teaching Computation from Harwell’ ). The NMOC website describes its original purpose:

“The Harwell Dekatron computer first ran at Harwell Atomic Energy Research Establishment in 1951 where it automated the tedious calculations performed by talented young people using mechanical hand calculators.

. . . [more]
Posted in: Technology

No Continuity of Business: Target Not the Successor Employer of Zellers Employees

The Vice-Chair of the Labour Relations Board just decided that there was not a continuity between Zellers’ business for its employees to be successively employed by Target in Canada. Although the employees would perform similar jobs at Target stores as they had at Zellers, and the transaction agreement confirmed the transfer of leases, pharmacy records and the brand waiver, these things were not sufficient to conclude that there would be a handover of these employees. As a result, the union’s application was dismissed.
Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions

Dean’s Letter Re Diversity in Judicial Appointments

This is simply a pointer to an open letter sent to the Minister of Justice and the Office of the Commissioner for Federal Judicial Affairs by Osgoode Hall Law School Dean, Lorne Sossin, and Professor Sonia Lawrence over on Dean Sossin’s Blog. The writers express concern about the difficulty in obtaining statistical information about those in the pool from which federal judges are appointed. A brief quote:

We write to urge that either the Ministry or the Office of the Commissioner for Federal Judicial Affairs release demographic data about the pool of applicants seeking federal judicial appointment. We believe

. . . [more]
Posted in: Justice Issues

Once More With Feeling: Watch What You Tweet

What’s that? The stuff you say online has no consequences in real life? I bet those officers at your door felt real. torontopolice.on.ca/newsreleases/r…

— Steve Murray (@NPsteve) November 21, 2012

It’s so easy to type words into a little box and hit send. Sometimes the words are backchannel chatter, during a broadcast of something everyone’s watching sort-of together. Other words are ill-considered remarks or comments perhaps more easily posted on a screen than spoken to a face. Sometimes words are directed at someone—or someone’s avatar—but not really to the person. These words can seem virtual, but they’re real and . . . [more]

Posted in: Substantive Law: Judicial Decisions, Technology: Internet

The South Carolina Data Breach and the Failure to Encrypt

It is nothing short of astonishing that more than 75% of South Carolina’s residents had their social security, credit card numbers and other personally identifiable information breached. News of the breach came in October, though it actually began in August. Who uncovered the breach? Usually it is the FBI, but this time it was the Secret Service that notified S.C. on October 10th.

How did the breach happen? Someone, as yet unknown, stole legitimate credentials from one of the 250 state employees with access to the South Carolina Department of Revenue (DOR) database.

Why was the attack so easy? Because . . . [more]

Posted in: Legal Technology

Put Your Money Where Your Mouth Is

A modern currency amongst our legal governance bodies is the “retention of women” in the practice of law. It’s a common rallying cry from the gatekeepers: Make sure the women stay! Because they know we are leaving, and they know as well that the impetus to leave arises, in part, from the disadvantages that we experience due to our disproportionately heavy role in creating and parenting children.

For women in bigger law firms, their maternity leaves prevent them from obtaining the same seniority or work opportunities as non-parenting counterparts. Once baby arrives, women in bigger law firms are then compared . . . [more]

Posted in: Justice Issues, Practice of Law

What’s Hot on CanLII This Week

Here are the three most-consulted English-language cases on CanLII for the week of November 14 – 21.

1. British Columbia (Workers’ Compensation Board) v. Figliola
2011 SCC 52

[2] In British Columbia, there is legislation giving the Human Rights Tribunal a discretion to refuse to hear a complaint if the substance of that complaint has already been appropriately dealt with in another proceeding. The issue in this appeal is how that discretion ought to be exercised when another tribunal with concurrent human rights jurisdiction has disposed of the complaint.

2. Setia v. Appleby College 2012 ONSC 5369

[1]

. . . [more]
Posted in: Wednesday: What's Hot on CanLII

Bill Nye the Science Guy on Lawyers

I had the pleasure of seeing Bill Nye speak last night at Western with my son. It was gratifying to see a scientist treated like a rock star in a sold out hall of more than 2000 people – mostly Western students. People lined up hours to get the best seats, and there was a standing ovation when he walked on stage. The twitter hashtag #BillNyeWestern was trending nationally before it even started.

Between his talk and questions, he spoke for about 2 ½ hours on various topics including sundials, his involvement with the Mars Curiosity Rover, global warming, nanotechnology, . . . [more]

Posted in: Technology

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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