Every age has had its paranoia, I imagine. After all, the world does have its dangers and among them are indeed some of the people who have risen to power — who themselves get paranoid about challenges to their power. In relatively recent memory there was the destructive McCarthy period in the US and later, Nixon’s creepy fears. Closer to home, not too long ago the RCMP kept files on just about everyone who jaywalked, and hippies were certain their phones were tapped and flushed their dope down the toilet whenever there was an unexpected knock on the door.

Now, . . . [more]

A search for Canadian legal decisions on “leap day” doesn’t turn up much other than an immigration case where an application for citizenship depended on the number of days the applicant was in Canada, and Leap Day became an issue in the calculation.

Some of us who dealt with the Y2K bug will recall that leap day was a potential secondary problem for the year 2000. Common wisdom is that a leap year is any year divisible by 4. But that’s not the entire formula. A leap year is any year divisible by 4, except those that are divisible . . . [more]

Last June we read with interest Zack Whittaker’s article Microsoft admits Patriot Act can access EU- based cloud data . The article focuses on the effects of the USA Patriot Act on cloud computing. Interestingly, the article states an admission made by the managing director of Microsoft UK that cloud data, regardless of where it is in the world, is not protected against the USA Patriot Act. As the data processor for cloud computing services, Microsoft, a US based company, can be compelled to hand-over data to the US authorities without any kind of prior notice or consent (even where . . . [more]

The French constitutional court has held unconstitutional the law passed in January of this year (that’s a fast decision by our standards) that made it illegal to dispute any genocide recognized by law. This kind of rule did not fall into the proper scope of a legal rule. While it was possible for the law to govern the exercise of speech to protect its freedom, this statute went in the opposite direction.

One may note the legislative and judicial materials that appear with the press release to which the above link leads – the law, the supporting material in both . . . [more]

Hallelujah, @Orders-in-Council is tweeting again.

This twitter stream that monitors updates from the Privy Council Office has been intermittent to say the least. It is really important to know what is coming out of the Privy Council Office.

Given the on again off again nature of this particular twitter stream, should we follow it or not?

My instinct says watch for it, but continue with regular monitoring of the OIC database. What do you think? . . . [more]

A recent article in Maclean’s magazine sheds light on the labour situation in Québec and, in particular, the power and leverage that unions enjoy. Full disclosure: I was interviewed for the article and am cited.

In it, Alex Ballingall describes the saga of a labour battle between the enormous CSN and a small chicken restaurant, the “Au Roi du Coq Rôti” (loosley translated as “King of the Roast Chicken”). The work stoppage lasted over three years and hurt both the employer and the employees. As Mr. Ballingall and I explained in the article:

“The laws here in Quebec are different

“You may have won a million dollars!” … or not, if you don’t happen to have the pre-selected winning number. Various bonus prizes for early birds are also offered. This is a common marketing device, but the Supreme Court of Canada held unanimously in Richard v Time 2012 SCC 8 that it offended the Quebec Consumer Protection Act. Mr. Richard got $1000 in damages for being misled (no misles were involved), plus $15,000 in punitive damages, plus his costs at trial (where he had won) and on appeal (where he had lost), and on a solicitor-client basis in the SCC. . . . [more]

Sponsorships. They’re one of the many ways to get your name in front of a special interest group and they are often ripe with possibilities and over-flowing with potential. Some of you, though, merely send off your cheque along with your logo and forget to investigate, request and reap additional opportunities for your firm.

Every part of your marketing spend should punch above its weight and with sponsorships — unlike many other marketing expenses — it often only requires a bit of thought, planning and perhaps a healthy dose of chutzpah to get more for your buck.

With some large . . . [more]

The following article appears in the January 2012 issue of LAWPRO Magazine.

Lateral hiring of partners or associates occurs at firms of every size, and is becoming far more common. In addition to reviewing the transferring lawyer’s credentials and suitability, the transferring lawyer and firm will need to identify and deal with potential conflicts of interest that may arise with respect to clients at the transferring lawyer’s previous firm, and in particular, clients for whom the transferring lawyer worked.

This critical task is not as easy as it might seem on first thought. The hiring firm must have sufficient information . . . [more]

This weekend I participated in PodCamp Toronto, an unconference about social media with hundreds of participants. We had close to 80 sessions over the weekend, and a good number of them talked about or mentioned the newest social media darling, Pinterest. As a long-time blogger, I think of Pinterest as a photo blog with some advanced functionality, but the rest of the world sees it more like an online scrap book or bulletin board. With Pinterest, users “pin” images they have found around the Internet that inspire them to a “pin board”. Individuals can have many different pin . . . [more]

Google keeps revising its menu structure, and one of the recently demoted links was Scholar: you now have to do three clicks to call it up from the Google search page—More, Even More, & finally Scholar. Johan Ugander, a grad student at Cornell, has come up with a bookmarklet, Scholarfy, that will take you with one click from the main Search page right to results in Scholar. (You have to go to Google Search to begin with. You can then either enter your search term and hit the bookmarklet, or do it in the reverse order.)

Readers . . . [more]

I don’t think this idea would go down well in Ontario.

Under the new QASA , UK judges in criminal matters will now rate the levels of advocates appearing before them.

Cases are assigned levels and advocates will only be permitted to appear in cases assigned to their levels and below.

Advocates are assessed judicially , and by an approved assessment organization. The advocate must ask judges for an assessment prior to the hearing, and must be assessed 5 times over a 5 year period. The advocate can choose the best three scores.

Over time advocates can move up the . . . [more]