Today is July 4, an important day for a number of reasons, not least of which is the celebration of U.S. Independence Day: on July 4, 1776 the Second Continental Congress adopted the Declaration of Independence, an appeal “to the Supreme Judge of the world,” one of the great legal documents of all time and well-worth re-reading.

Today the European Centre for Nuclear Research (CERN) has announced that as a result of billions of “appeals” to the universe, the long sought “God particle” — the Higgs boson — has (almost certainly) been found. The level of confidence is described . . . [more]

It’s not hard to find those who argue that the end is nigh for legal and professional information publishing. The security and strength of “need to know” and “have to have” information appears to have diminished, with content seeming to be down to “prince” or an even more lowly status in the monarchical hierarchy. Those who argue in those directions do so effectively, showing how the Internet, changing profitability and competitive models and the shift in favour of workflow solutions render the publishing component no longer core. Informed commentators see the current fortunes of the main professional publishers, . . . [more]

Here are the three most-consulted English-language cases on CanLII for the week of June 22 – 30.

♨ 1. Clements v. Clements 2012 SCC 32

[1] The parties to this appeal, Mr. and Mrs. Clements, were motor bike enthusiasts. August 7th, 2004, found them en route from their home in Prince George, British Columbia, to visit their daughter in Kananaskis, Alberta. The weather was wet. Mr. Clements was driving the bike and Mrs. Clements was riding behind on the passenger seat. The bike was about 100 pounds overloaded. Unbeknownst to Mr. Clements, a nail had punctured the bike’s rear tire.

July has brought some relief to my workload. A few major projects have moved to the done list and there are only 5 items on my July projects list. Connie’s Summer Reading List is a great idea, but I can’t copy it, so I have decided to create a Summer Writing List.

My writing list has been rattling the cage for some time now. It consists of material that is frequently requested by lawyers in my office and will be crafted for use by my law firm. Can you guess what it is?

A hint: there are not enough annotated . . . [more]

In Tunisia they are working to build the law of the future. Law that does not oppress, that is fair and not applied capriciously, and that is applied even-handedly. The challenges are enormous because the law most people in Tunisia know is not like that.

I was in Sousse, the third largest city in Tunisia, and was being driven up a hill, down an asphalt road that looked slightly nicer than the one we just got off, and not just because it was lined with lights that looked as though they had been taken straight from a centre ville Paris . . . [more]

I’ve seen other summer reading lists lately and thought it would be fun to put together my own list of books currently or recently on my nightstand. There’s quite a range here–management/leadership type titles, geek girl titles, and some challenging fiction. I’m not really one for light reading! And, there’s probably no way I can get through all of these in the summer, but I can certainly try. And of course in putting this list together I found even more new books, so I better get reading.

What is on your summer reading list?

Here is the list (with no . . . [more]

On this Canada Day Holiday, we should all reflect and be thankful for all we have as Canadians. There is nothing like a bit of self-deprecating humour (note the Canadian spelling) to help us all more clearly see what we are and have, and how the rest of the world sees us.

To accomplish this, I refer you all to the American’s Guide to Canada website. While a bit dated (looks like it hasn’t been actively updated in at least 10 years), there is some great content on this site.
First of all, you can start out on the The . . . [more]

The line between what is legal (what one may do without state punishment) and what is not ethical (what one ought not to do even if it is legal) is often murky.

I suspect that many readers of this site would look askance at a media commercial with content something like this: You’ve been caught stealing money from the United Way. It’s not just a Criminal Code conviction. Fight it.

Ontario residents who listen to commercial radio have probably heard advertisements whose content is “it’s not just a speeding ticket, fight it” – or worse.

Is there, ethically, a difference . . . [more]

As Slaw readers know, the Canadian Legal Information Institute – best known by its acronym CanLII – is Canada’s paramount portal for free access to Canadian legal information. It’s administered by the Federation of Law Societies of Canada and funded by a levy on individual lawyers through the Barreau and the provincial and territorial law societies. As I continually tell legal audiences it’s the best bargain that lawyers get for their fees.

Now Canlii wants our help. Colin Lachance and his colleagues are engaged in a strategic planning exercise and have asked CorbinPartners Inc. to conduct an online survey to . . . [more]

The Independent Civilian Review into Matters Relating to the G20 Summit released its final report on Friday, and is available for download here. The 425-page report was led by former Ontario associate chief Justice John Morden, and highlighted communication problems between police services and the civilian review body that oversees it.

The report provides an overview of the legislative authority of the police services, stemming from the Police Services Act, R.S.O. 1990 c. P.15. and the role of the Toronto Police Services Board in ensuring adequate and effective policing services.

The report reviews the Board’s policies in light . . . [more]

Looking for some good reading for the long weekend? Head on over to Attorney@Work and grab a copy of the Field Guide for Mobile Lawyers. Will a bit of help from some of their travelling friends, Merrilyn, Joan and Mark have put together a great collection of tips for lawyers that want to get some work done away from the office. It is a must read for every mobile lawyer. . . . [more]

The Supreme Court of Canada released its decision in Clements v. Clements today. David Chiefetz shared some thoughts about the case here earlier this week.

The majority, led by McLachlin C.J., expounded on the material contribution test, and indicated that it is better characterized as a “material contribution to risk” and not to injury. However, this approach should be rarely used to ensure that the fundamental principles of tort law for proof of causation are not undermined.

The court also clarified the principle found in Resurfice Corp. v. Hanke that the material contribution test is appropriate where causation under the . . . [more]