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You Might Like … to Linger a Bit Over Lear, Lunch, Bad Guys, Elites, Swiss With Sticks, Cavemen, and More

This is a post in a series appearing each Friday, setting out some articles, videos, podcasts and the like that contributors at Slaw are enjoying and that you might find interesting. The articles tend to be longer than blog posts and shorter than books, just right for that stolen half hour on the weekend. It’s also likely that most of them won’t be about law — just right for etc.

Please let us have your recommendations for what we and our readers might like.

. . . [more]
Posted in: Miscellaneous, Reading: You might like...

Must the Internet Be Accessible to People With Disabilities?

A court in Massachusetts last month refused to dismiss a case brought by the National Association of the Deaf against Netflix, claiming that Netflix is required by the Americans with Disabilities Act to provide closed-captioning on all its products, including streaming of broadcasts. Netflix was held to be a place of public accommodation within the meaning of the Act.

Does this strike you as a reasonable result? What would happen in Canada, under our various access statutes, one of the most extensive of which is the Accessibility for Ontarians with Disabilities Act? Governments tend to have standards about . . . [more]

Posted in: Substantive Law: Foreign Law, Technology: Internet, ulc_ecomm_list

The Guergis Statement of Claim

You’ll likely have read about the effort by Stephen Harper and assorted other defendants to have Helena Guergis’s statement of claim for defamation and all manner of other unkindness thrown out as failing to disclose a reasonable cause of action and for raising non-justiciable issues. That motion continues to be argued today.

What you might not have read, however, is the statement of claim itself, court records not being digitized and accessible over the internet. But the CBC now does what all good news agencies should be doing: they make the original documents that lie behind stories available online. So . . . [more]

Posted in: Miscellaneous, Reading

Nova Scotia’s New Family Law Website

A group of legal and law-related organizations has launched a public information site in Nova Scotia on family law. Family Law Nova Scotia is a cooperative venture funded in part by Justice Canada that brings together:

The site seems clear and easy for citizens to operate, with plenty of routes into the information — via search, menus, drop-down lists and FAQs. I sense . . . [more]

Posted in: Legal Information: Publishing

Law Library of Congress Turns 180

Last week, on July 14th to be precise, the Law Library of Congress in Washington turned 180 years old.

It is the world’s largest law library, with a collection spanning many centuries as well as all jurisdictions of the planet.

And a glance at its website home page will give you some idea of the breadth of electronic material it makes available: international legal news, foreign legal materials, guides, databases and Congressional materials.

Happy Birthday! . . . [more]

Posted in: Legal Information: Libraries & Research

British Court Upholds Ruling That Catholic Church Can Be Held Liable for the Wrongdoings of Its Priests

On July 12, 2012, a two-to-one majority dismissed the appeal, upholding the ruling that Portsmouth diocese is liable to pay for alleged wrongdoings of its clergy. This ruling according to many legal experts paves the way for similar claims and far reaching implications.
Posted in: Case Comment, Substantive Law, Substantive Law: Foreign Law, Substantive Law: Judicial Decisions

Ensuring the Balance

As time marches on it is clear that one of the most important recent cases of the Supreme Court of Canada in the field of copyright law has been CCH Canadian Ltd. v. Law Society of Upper Canada, [2004] 1 S.C.R. 339 (“CCH”) in which the Court breathed real meaning into the fair dealing exception, now called a user’s right.

CCH was preceded by Théberge v. Galerie d’Art du Petit Champlain inc., [2002] 2 S.C.R. 336, where the Supreme Court of Canada explained that copyright law provides a balance between creators and users, namely:

the purpose of

. . . [more]
Posted in: Intellectual Property

Jurisprudential Solitudes?

A discussion on the Canadian Association of Law Libraries list this morning strikes me as worth a share here. Dawn Urquhart drew subscribers’ attention to a National PostLegal Post article published on the web yesterday, “Court decisions may be lost in translation.” The article appears in today’s National Post with the somewhat less fair title, “Quebec decisions isolated by lack of translation,” and the even less fair lede, “Lawyers outside Quebec can’t read useful judgments.”

The author cites Ted Tjaden’s excellent post here on Slaw from last year, wherein Ted noted the limited overlap in . . . [more]

Posted in: Legal Information, Legal Information: Libraries & Research, Legal Information: Publishing, Reading: Recommended

Elections Ontario Privacy Breach

Elections Ontario has just disclosed that they lost USB drives containing personal information on as many as 2.4 million voters. The USB drives were supposed to be password-protected, encoded and kept in a locked area accessible only to specific staffers – but were not. The Ontario Privacy Commissioner, Ann Cavoukian, is investigating. Her initial comment:

I am deeply disturbed that a breach of this extent, the largest in Ontario history, involving millions of individuals, could happen at Elections Ontario — the agency charged with protecting the integrity of our electoral process. . .

It is my expectation that personally identifiable . . . [more]

Posted in: Miscellaneous

Achieving a Balance Between Extroversion and Introversion

I am a horse for a single harness, not cut out for tandem or team-work…for well I know that in order to attain any definite goal, it is imperative that one person do the thinking and the commanding.
–Albert Einstein, quoted in Quiet: The Power of Introverts in a World that Can’t Stop Talking by Susan Cain

A new book called Quiet: The Power of Introverts in a World that Can’t Stop Talking has rocketed to the New York Times bestseller list. The author, Susan Cain, is a former Wall Street corporate lawyer. I got an early taste of Susan’s . . . [more]

Posted in: Practice of Law

When Being Pregnant Is Still Newsworthy

It was at first a surprise to me to see this headline: “New Yahoo CEO Marissa Mayer is pregnant”. Was this really newsworthy? But it became clear very quickly that the story was significant, if only for the fact that it reveals some of the challenges still faced by women in the workplace.

As reported by Fortune, Ms. Mayer has known of her pregnancy since January when she was still with Google, got the initial call from Yahoo in mid-June and disclosed her pregnancy in late June:

Mayer first disclosed to the Yahoo board that she is pregnant in

. . . [more]
Posted in: Miscellaneous

The Rise (And Fall?) of Class Actions: Comparative Law Resources

Some Slaw readers may soon become members of a class that is suing one of the leading sources of online legal information in Canada. In 2010, Lorne Waldman, a Canadian attorney, filed a statement of claim against Thomson Reuters Corporation for infringing Waldman’s moral right to control the reuse of his writings included in Thomson’s “Court Documents Collection” (CDC) database (available via Carswell Litigator). CDC permits subscribers to download documents Thomson copied from court files in Canadian cases. The court files include briefs and other documents written by Canadian lawyers, including Waldman. Thomson does not ask the authoring lawyers for . . . [more]

Posted in: Legal Information

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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