On April 25, 2012, Justice Minister Rob Nicholson directed federal lawyers to challenge the ruling that struck down Canada's prostitution laws to the Supreme Court of Canada.

Innovation… lawyers seldom operate on the cutting edge and certainly not the bleeding edge! That’s a given. It’s likely in your DNA. Risk averse. But how long will you stay in what once was a perfect business model that is now past its prime? That is the question.

Seth Godin points to the music industry…

The music business was perfect. Radio, record chains, Rolling Stone magazine, the senior prom, limited access to recording studios, the replaceable nature of the LP, the baby boomers… it all added up to a business that seemed perfect, one that could run for ever and

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Here are the three most-consulted English-language cases on CanLII for the week of April 18 – 23.

♨ 1. Club Resorts Ltd. v. Van Breda 2012 SCC 17

[1] Tourism has grown into one of the most personal forms of globalization in the modern world. Canadians look elsewhere for the sun, or to see new sights or seek new experiences. Trips are planned and taken with great expectations. But personal tragedies do happen. Happiness gives way to grief, as in the situations that resulted in these appeals. A young woman, Morgan Van Breda, suffered catastrophic injuries on a beach in

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A hackathon (hack + marathon) is an event where computer programers, often in conjunction with graphic designers or other related disciplines, get together for marathon sessions to collaborate intensly on a project. There is a specific goal in mind, such as coding specific software or solving a specific problem.

Brooklyn Law School’s Incubator and Policy Clinic recently held its first legal hackathon, a day long event for law students, lawyers and entrepreneurs to help lawyers think more like hackers. One of the organizers said “What I’m hoping to get at today is to figure out how we as lawyers stop . . . [more]

In my last post, I promised to explore how the current commercial mediation model might be “tweaked” to unlock the full potential of mediation. There seemed to be a divide between “interest-based” or “facilitative” mediation (which is the focus of most mediation training programs) and the commercial mediation model.

Is there a way to preserve the foundational principles of interest-based negotiation and mediation while venturing into the world of commercial mediation?

Experienced litigators and some mediators have remarked that commercial mediation is really a purely distributive exercise which is only about the money. Is that ever really true? I . . . [more]

As an Anglophone employment and labour lawyer from Quebec, I don’t often get to read decisions in my native language. Recently, Justice David Collier, also a Quebec Anglophone jurist from my ex-firm Norton Rose Canada LLP, rendered an employment law decision which merits some attention in the “Rest of Canada” – both because it’s well-written and sound but also because it is a rare English-language decision from La Belle Province which summarizes civil law employment law concepts in English.

In Gilman c. Fieldturf Tarkett Inc., 2012 QCCS 1429 (CanLII), Justice Collier deals with applications from several disgruntled field . . . [more]

The Sunlight Foundation launched a beta version of Scout today, a free service which compiles information from a variety of sources to let you search through bills and speeches before Congress, State bills, and Federal regulations. The site allows the creation of custom alerts when a specific issue is going before Congress, as well as tracking these issues over time.

The Sunlight Foundation is a a non-profit who “uses the power of the Internet to catalyze greater government openness and transparency, and provides new tools and resources for media and citizens, alike.” Sounds like powerful stuff. You can see more . . . [more]

I predict that Windows 8 will not catch on for mid-sized and large law firms. Windows 8 Enterprise is offered and has some interesting features, but the change is so huge that I see little potential for adoption by law firms.

Today our IT Manager showed me his iPad running a virtual instance of Windows 8 sourced from his home Mac. The interface has radical and interesting new flavour that sources apps and reminds me of my iPhone.

Among many others, BBC News has a preview article today. Microsoft also offers a consumer preview that links to a video for . . . [more]

The Court of Queen’s Bench of Alberta released the decision today in R. v. Whatcott, upholding the decision by the Provincial Court of Alberta, which held that William Whatcott’s s. 2(b) Charter rights were violated when the University of Calgary prevented him from distributing what was characterized as “anti-gay literature.”

Although the Crown appealed on the basis that the Charter did not apply to the enforcement of a university policy prohibiting the distribution of all printed material on campus without permission, regardless of content, the court focused on the use of provincial trespass legislation to respond to an . . . [more]

Attentive readers of this blog know that the United Nations Commission on International Trade Law (UNCITRAL) has a working group actively considering online dispute resolution (ODR). The working group has met three times and meets again at the end of May. Slaw.ca has had progress reports from time to time, notably here a year ago, and more recently here . It is time for another. I expect that the Canadian delegation, and possibly others, would be interested in your views on the texts that the working group will have before it in May. Comments on this article will come to . . . [more]

The following is adapted from practicePRO’s Managing a Better Professional Services Firm, and it and the other Managing booklets are available here.

A post-matter client survey is one of the best ways to collect information about what clients thought about the services you provided to them. Make sure your survey is structured to help you identify specific areas for improvement. Ideally, it should include some open-ended questions.

For major or top-billing clients, consider sending a managing partner or other senior person to meet with clients on an annual basis to review and assess how the relationship is going, . . . [more]

Today is World Book and Copyright Day, initiated by UNESCO and promoted by the International Federation of Library Associations and Institutions (IFLA).

Here is a message from Ingrid Parent, President of IFLA and University Librarian at the University of British Columbia:

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