Canada’s online legal magazine.

Reflecting on Legal Research Instruction

I’ve just emerged from a few weeks of first-year law student legal research instruction. During that immersion—that is, when I didn’t have time to read it—I came across an interesting post on the RIPS Law Librarian blog: Michele Thomas’s “Guiding Principles for Enhancing Classroom Experiences.” The principles arising from the author’s reflections are sound and broadly applicable, in my view.

Our teaching team happened to implement this year or have in place some of these, at least in some form. I expect we’ll look at more of these, or others, next year.

My favourite tips are Ms . . . [more]

Posted in: Education & Training: Law Schools, Legal Information: Libraries & Research

What’s Hot on CanLII the Past Two Weeks

Here are the three most-consulted English-language cases on CanLII for November 1 – 13.

1. Teva Canada Ltd. v. Pfizer Canada Inc. 2012 SCC 60

[1] This appeal involves a challenge to the validity of the patent of the Pfizer respondents (“Pfizer”) for Viagra, a drug currently on the market for treating erectile dysfunction (“ED”). The appellant, Teva Canada Limited (“Teva”), claims that Pfizer’s patent application did not meet the disclosure requirements set out in the Patent Act, R.S.C. 1985, c. P-4 (the “Act”). Pfizer, on the other hand, submits that it complied fully with those requirements.

[2] The

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

Law Students Speak Out Against Racist Graffiti at the Faculty

Law student groups at the University of Ottawa are at it again. Those pesky students are demanding respect from their peers and the communities and institutions they participate in.

Last week the Black Law Students Association (BLSA) Ottawa Chapter took to the internet, local media, and held a press conference, to speak out against the racist graffiti found in the men’s washroom at the Faculty of Law.

In his interview with the CBC Radio the President of the Ottawa BLSA chapter, Christian Levien, said that the graffiti is reflective of a tension that is generally on campus. He . . . [more]

Posted in: Practice of Law

Butterworths at 100, Aye?

Butterworths Canada that is.

One notable Canadian publishing anniversary that has largely passed unnoticed is the hundredth anniversary of Butterworths as an incorporated Canadian company. Given the company’s recent accomplishments, this is truly regrettable.

Butterworths and Company (Canada) was incorporated on November 14, 1912. From the outset, it was a bumpy ride. According the the History of Butterworths: History of a Publishing House, the launch was done initially done in secret because of expected litigation from Canada Law Book regarding the rights to sell and distribute Halsburys Laws of England in Canada. As expected, a writ arrived soon after . . . [more]

Posted in: Legal Information: Publishing

Microsoft Makes Advances in Voice Recognition, Translation

Because law is a matter of words and because multicultural, multilingual Canada has a bilingual legal system for the most part, I think you might want to take ten minutes to watch a particular video from Microsoft. It shows Chief Research Officer Rick Rashid on a stage in China demonstrating their latest voice recognition, machine translation, and machine speech technologies, all working in concert.

Simply put, Rashid, speaking moderately slowly, has his talk perfectly accurately transcribed as he talks in English; then towards the end of the video the written English is translated as he speaks into proper written . . . [more]

Posted in: Miscellaneous, Technology

The Telephone – What’s Old Is New Again

Turn away from e-mail and pick up the phone.

Lately I’ve found myself starting to draft a lengthy e-mail, and then realizing I ought to just make a quick phone call instead. It may sound silly, but if you’re like me, when times are extremely busy and I am racing from one deadline to the next, a phone call feels like a luxury.

I’ve recently discovered that I’ll go too long before I speak with or visit a client. Sure, the work gets done and clients are happy, but e-mail alone does not deepen a work relationship.

We rely heavily . . . [more]

Posted in: Legal Marketing

Jail Time for Employment Standards Violations in Ontario!

Picking up on a recent post by Prof. David Doorey on his blog, I thought this week that I’d highlight a recent decision by an Ontario court to sentence an employer (the director of the company) to 90 days in jail for repeatedly violating the Ontario Employment Standards Act (discussed also in the Huffington Post) He was also fined $280,000. In a press release, the Ministry of Labour explained as follows:

Between March 2007 and October 2009, 61 employees from six companies, operated by Blondin filed claims with the Ministry of Labour for unpaid wages. An investigation

. . . [more]
Posted in: Substantive Law, Substantive Law: Judicial Decisions

Minority Lawyers Can Break Through Stereotypes and Still Remain True to Themselves

By Tiffany Wong

The 6th Annual Conference and Banquet of the Federation of Asian Canadian Lawyers (FACL) was held on November 10th, 2012 at the Toronto Board of Trade. Started in 2007, FACL and has grown from a small conference to a virtually sold out event of hundreds of lawyers, law students and allies from the Asian-Canadian legal community.

This year’s keynote speaker was Don Liu, Senior Vice-President, General Counsel and Corporate Secretary at Xerox Corporation, Recipient of the 2011 Trailblazer Award from the National Asian Pacific American Bar Association (NAPABA), and one of only nine general counsel of a . . . [more]

Posted in: Practice of Law

Wisdom From Consultants

Over the past seven months, I’ve attended several presentations made by consultants to small law firms. Three things that were spoken have stayed with me.

The first was at the launch of the Small Practice Portal of the Law Society of New South Wales, where a speaker addressed a sea of faces from small law firms and said that the number of new solo practices being launched every year in New South Wales was unsustainable. It was one of those “look to your right, look to your left, soon one of you won’t be here” moments.

The second was a . . . [more]

Posted in: Practice of Law

What Keeps Family Law Lawyers Up at Night?

Like many areas of practice, family law is going through a period of change. Both clients and their lawyers are questioning traditional modes of practice. Economic woes both cause legal problems, and leave clients with limited resources with which to resolve them. Stress – for both families in crisis and for their lawyers – is a constant reality. Still, within this challenging climate, family lawyers are expected to work diligently and professionally in the service of their clients’ interests.

To understand how the bar is coping with the demands of modern family law practice, in the August 2012 issue of . . . [more]

Posted in: Reading: Recommended

The Reasonable Refusal to Mediate

I seriously doubt the wisdom of mandatory mediation, for a number of reasons. One is that sophisticated parties who have paid lawyers to advise them, to serve pleadings and to discover evidence, should not be subjected to the additional financial and emotional trauma of mediation where without prejudice settlement discussions have been fruitless.

A UK High Court costs decision last month illustrates the point. At trial a claim for 16 million pounds for breach of a distributorship agreement was dismissed. The claimant argued that although the defendant was prima facie entitled to its costs, there should be a 50% reduction . . . [more]

Posted in: Practice of Law: Future of Practice

Educating the Digital Lawyer – the eBook

You may have already seen this, but it was new to me. In 2010-2011 Harvard Law School and New York Law School hosted a year-long contest of ideas respecting legal education called “Future Ed“. One of the results was the book Educating the Digital Lawyer edited by Marc Lauritsen and Oliver Goodenough. The book explores the question “What will legal education look like as we train our graduates to be effective lawyers in the digital world of the 21st Century?”

Published by LexisNexis, a complimentary copy of the e-book format is available here [note: clicking on this link . . . [more]

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

3li_EnFr_Wordmark_W

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