Lexpert Magazine has just launched a blog. It’s early days yet—the blog only launched last week—so it’s hard to say how it will fare. The editorial staff (Jean Cumming, Tim Wilbur, David Dias, and Gena Smith) will do the blogging, likely filling in the “blanks” and doing follow-ups between issues of the magazine. One to follow, in any event.

Welcome to the blogosphere Lexpert. . . . [more]

Third party assurance reports have become an integral part of outsourcing transactions: they represent an auditor’s report on the controls in place at a service provider that impact a customer’s financial reporting. In this posting, I want to look at the new Canadian standard, CSAE 3416. Before doing so however, I want to consider third party assurance reporting in more detail.

Third Party Assurance Reporting

Third party assurance reports relate to the control objectives and controls established by a service provider, i.e. it is the service provider that is responsible for the control objectives relating to its business, the specific . . . [more]

According to yesterday’s news (see here for an article from the National Post), the government of New Brunswick will be asking the Supreme Court of Canada to look into the status of its language laws as it appeals the decision of its appellate court upholding the decision of a provincial judge who excluded breath-sample evidence of a suspected impaired driver pursuant to s. 24(2) of the Canadian Charter of Human Rights and Freedoms because his language rights had been violated (see R. v. Losier, 2011 NBCA 102 (CanLII)). Indeed, in that case, a police officer only offered the . . . [more]

I had an opportunity to download the new Irwin Law iPad app recently along with a copy of Ted Tjaden’s Legal Research and Writing text. We have a copy of this excellent title in our firm library in print or course, but for testing purposes, I thought it would be a good choice for an eBook.

First I want to congratulate Jeff Miller and his team at Irwin Law. They made an excellent choice of partners in Nubook. The Irwin Law app was easy to find in the Apple App Store, the download process was simple. It was also . . . [more]

The days run by so swiftly it seems like the world is spinning faster and time has compressed. Everyone I speak to feels this same rush as summer disappears into winter in the blink of an eye. So much to do and so little time to do it, has become a theme of our collective days. One way I tackled the challenge was to literally employ an extra set of hands. I hired a virtual assistant, Mary-Lou, and that decision changed my life for the better.

What’s a virtual assistant?

A virtual assistant is an administrative professional and business owner . . . [more]

Here are the three most-consulted English-language cases on CanLII for the week of November 14 – 21.

♨ 1. Ontario Korean Businessmen’s Assoc. v. Seung Jin Oh 2011 ONSC 6991

[1] A dispute exists amongst the members of the Ontario Korean Businessmen’s Association (the “Association”) as to which group of members is entitled to govern the Association.

(Second week in a row at #1. Unclear what’s driving this.)

♨ 2. Combined Air Mechanical Services Inc. v. Flesch 2011 ONCA 764

[5] In the months following the amendments to Rule 20, it has become a matter of some controversy and uncertainty

Thanks to the great initiative of Louis Mirando, Osgoode Hall Law School’s Chief Librarian, anyone can now access any or all of the Ontario Law Reform Commission’s final reports on-line. (That link takes you to the report on the proposed adoption of the Uniform Wills Act, 1968.) You can also find some consultation papers, collections of papers and other related documents. They are on the Internet Library Archive, but will likely be “housed” on Osgoode’s site, with a link from the Law Commission of Ontario. . . . [more]

For all the talk about cloud computing and the security and ethics implications thereof, for many the concept remains a nebulous one. Earlier this month Bessemer Venture Partners, a leading venture capital firm, helped make the concept of cloud computing much more concrete by creating and publishing the Bessemer Cloudscape, a “visual to track the leading companies in this revolution.”

Bessemer has invested heavily in cloud computing, and is in an excellent position to map the cloudscape. The firm sees cloud computing not only as one of the most important technology transitions to have ever occurred, but also as . . . [more]

We read from time to time that Internet defamation is worse than that in other media because of its global reach and persistence over time. Thus the Ontario Court of Appeal in Barrick v Lopehandia 2004 CanLII 12938 issued an injunction against further defamation, in part because of the Internet’s character as “potentially a medium of virtually limitless international defamation” (the Court quoted Matthew Collins, The Law of Defamation and the Internet.) The court (by majority) also increased fivefold the damages awarded at trial, for similar reasons.

Recently the British Columbia Supreme Court granted ex parte injunctions against publication . . . [more]

The English media came back this weekend to re-examine the health of Thomson-Reuters and reached wildly different conclusions. The BBC talks of Thomson moving to establish hegemony over business data, whereas the Guardian focuses on the weaknesses of post-merger integration and the long-term challenge that Bloomberg presents.

The doyenne of the DC law library community, Jean O’Grady has a fascinating piece suggesting that Thomson may well acquire Wolters-Kluwer

Her analysis is:

Factors Favoring Such a Merger

1. Thomson Reuters Leadership Changes.Exane BNP suggests that TR appears to be “in restructuring

and crisis mode” since they failed to achieve top

Can a copyright owner enforce his rights in small claims court? The answer varies depending on which side of the 49th parallel you are on. In Canada, yes! In the U.S., no. Perhaps this is about to change. The U.S. Copyright Office is accepting submissions from the public until 16 January 2012 on remedies for copyright infringement suits in small claims courts. U.S. Congress has asked the Copyright Office to investigate and seek comment on how small copyright claims have been managed in the past and to outline recommendations for changes and alternatives to current procedures.

This is not the . . . [more]

In my 26 September post here I touched on the issues raised by judicial mediation.

On 9 December the OBA presented a full day program on the topic.

Four panels covered the interprovincial landscape and experience, the Ontario experience, the private mediation landscape and perspectives, and finally the client’s perspective. Two breakout sessions considered the pros and cons, and the essential elements of good judicial mediation.

Of particular interest are the developments in Judicial Dispute Resolution in Alberta.

The Alberta new rules of court which came into force in Alberta on 1 November 2010 make JDR (or another form of . . . [more]