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What’s Hot on CanLII This Week

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

. . . [more]
Posted in: Wednesday: What's Hot on CanLII

Digitization of All OLRC Reports!

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]

Posted in: Technology

Mapping the Cloudscape

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]

Posted in: Technology: Internet, Technology: Office Technology

Internet Defamation – Worse Than Other Media?

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]

Posted in: Substantive Law: Judicial Decisions, Technology: Internet, ulc_ecomm_list

Rashomon Like Views of the Thomson-Reuters Merger – and Why Bloomberg Is Gaining

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

. . . [more]
Posted in: Legal Information: Information Management, Legal Information: Publishing, Practice of Law: Future of Practice

Copyright Infringement Claims in Small Claims Court

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]

Posted in: Practice of Law, Substantive Law: Judicial Decisions

Judicial Mediation Policy Day

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]

Posted in: Practice of Law: Future of Practice

Twitter Introduces New Interface

Just when we were getting used to Twitter’s new interface, along comes an even newer one. Twitter is introducing a new interface that has a consistent layout across the mobile and Internet applications. The new version is gradually being rolled out; I have seen it on the iPhone but not yet on the Internet. The iPad version is still being developed.

More information is given at fly.twitter.com.

According to Kevin O’Keefe on his Real Lawyers Have Blogs blog, this redesigned Twitter will be better for lawyers. He maintains the layout is easier to use, and it is more professional . . . [more]

Posted in: Technology: Internet

The English Riots: The Autopsy Is Well Underway

In my last column  on 19 August 2011, I commented on the riots that took place in English cities. Soon after the riots, Prime Minister David Cameron, stated his conviction that the riots were the result of a broken society and gangs, which he quickly moved to declare war on. Since then, government, academics and the voluntary and community sectors have been performing an autopsy on the riots and this post outlines with regard to young people’s involvement, some preliminary findings; asks what we can learn from the past and overseas, and what investigations are currently underway.

Ministry of Justice . . . [more]

Posted in: Justice Issues

Introducing the Twitter Moot

Given my moot history in law school it’s no surprise that I’ve been approached repeatedly by a number of different international moots now that I’m a lawyer. But I’ve never seen anything like this before.

A non-profit environmental law organization, West Coast Environmental Law (WCEL), is hosting the first-ever moot court held entirely on Twitter. Participants from different Canadian law schools will make their submissions in 140 characters or less. The intent of the exercise is to bring environmental law issues to a broader audience.

Yes, I’ve always dreamed about being a tweeting judge, and it seems that dream might . . . [more]

Posted in: Education & Training: Law Schools

The Plane Boss! the Plane!

An announcement of new legislation being introduced here in Nova Scotia caught my attention recently, leading me to do a little searching which produced something that I find interesting. Considering the history of Halifax, and Nova Scotia in general being a seaport kind of place, it might seem somewhat late the NS Gov’t is introducing legislation to regulate tattoo parlours in the province. The legislation itself is not that fancy in that is simply enabling regulations to be created to regulate the industry.

This bit of news caused me to wonder what other jurisdictions have done regarding tattooing so . . . [more]

Posted in: Substantive Law: Legislation

The Friday Fillip: Calculating Words

Remember the “new math”? Everything you knew and the way you knew it were wrong. You had to be able to calculate in base 3 or base 7. You either couldn’t do your homework or couldn’t help your kids with theirs.

Well, this isn’t that.

New Math is a website where Craig Damrauer makes language sub for numbers and comes up with some wry products. For instance:

Or, to pick something likely even closer to our hearts:

More of a hmmm than a haha. But there are funny equations, true equations, and truly odd equations, and because

you should go . . . [more]

Posted in: Miscellaneous

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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