Canada’s online legal magazine.

Is Using AI for Marketing Content Cheating?

ChatGTP has been making headlines as one of the “smartest” chatbots on the market. It is easy to use and free to use. Simply come up with a topic or have it come up with one for you based on what is trending then sit back and let ChatGTP draft your next article. If it is that easy should lawyers be using it when developing marketing content?

In reality, no, lawyers or anyone that is creating legal content should not be using AI exclusively. ChatGTP has not passed a bar exam after all so it cannot provide legal advice or . . . [more]

Posted in: Legal Marketing

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Crossroad Family Law Blog 2. Double Aspect 3. David Whelan 4. Legal Sourcery 5. Eloise Gratton

Crossroad Family Law Blog
Non-recurring Gains and Determination of Income for the Purposes of Calculating Child Support

In many ways, the Federal Child Support Guidelines have simplified the determination of monthly

. . . [more]
Posted in: Monday’s Mix

Summaries Sunday: SOQUIJ

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

PÉNAL (DROIT) : Étant donné que le nouvel article 33.1 C.Cr. ne s’applique que prospectivement, les cas précédant son adoption sont régis par la règle de common law issue de l’arrêt R. c. Daviault (C.S. Can., 1994-09-30), SOQUIJ AZ-94111095, J.E. 94-1531, [1994] 3 R.C.S. 63, ce qui laisse plus de . . . [more]

Posted in: Summaries Sunday

More Responsibility Requires More Notice of Dismissal

Written by Lewis Waring, Paralegal, Editor, First Reference Inc.

In a recent Ontario ruling, an employer was found to have wrongfully dismissed an employee whose role had evolved beyond its characterization in his original employment contract. By attempting to rely upon a contract that no longer applied, the employer deprived the employee of his presumed right to reasonable notice of termination. . . . [more]

Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions

Values, Culture, and the Flourishing Law Firm

Is 2023 the year you start to think more clearly about the culture you are creating at your firm?

When I started my career in legal services in the late 1990’s law firm culture was something amorphous that no one quite had a handle on.

Sometimes a prospective hire would ask – what is your law firm culture? And the answers would include such things as we get together every Friday afternoon for drinks in the boardroom. We work hard and play hard.

In truth, most firms had no real sense of what their culture was all about nor why . . . [more]

Posted in: Practice of Law

Book Review: Defining Sexual Misconduct: Power, Media, and #MeToo

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Defining Sexual Misconduct: Power, Media, and #MeToo. By Stacey Hannem & Christopher J. Schneider. Regina: University of Regina Press, 2022. xvi, 368 p. Includes table of contents, appendix, notes, bibliography, and index. ISBN 978-0-88977-870-2 (hardcover) $89.00; ISBN 978-0-88977-809-2 (softcover) $34.95.

Reviewed by Danielle Noonan
Law Library Co-op
Lederman Law Library, . . . [more]

Posted in: Book Reviews, Thursday Thinkpiece

Counterclaim Against Non-Asserted Claims Is Permitted as of Right Under the Patented Medicines (NOC) Regulations

The Federal Court has noted that the Patented Medicines (NOC) Regulations[1] “seek to balance the patent enforcement rights of innovative drug manufacturers with the timely market entry of lower-priced generic drugs by “enabling summary legal proceedings that would address patent concerns without unduly delaying access to generic medicines”.[2]

Before marketing a drug in Canada, manufacturers must obtain a Notice of Compliance (NOC) from Health Canada. A “first person” who obtains a NOC for an innovative drug may list any associated patent on the Patent Register. If a “second person” subsequently requests a NOC for a competing drug by . . . [more]

Posted in: Intellectual Property

Law Firms Cringe, but Bow to the Need for Zero Trust Architecture

 Zero Trust Architecture simplified

Lawyers have a “deer in the headlights” look whenever we talk about Zero Trust Architecture (ZTA) – and we do understand that look. ZTA is complicated and often causes your eyes to glaze over about two minutes after we bring ZTA into the conversation.

Let’s keep it as simple as a complicated subject can be.

Zero Trust Architecture (ZTA) is not a product you can buy in a store or online. It is a security model presented in 2003 by the Jericho Forum, although the term “zero trust” dates back to 1994. The zero trust model . . . [more]

Posted in: Legal Technology

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Welcome to the Food Court 2. BC Provincial Court eNews 3. The Court 4. Excess Copyright 5. Michael Geist

Welcome to the Food Court
Canadian Cosmetic Regulations to Receive a Makeover

The Cosmetic Regulations, which exist under the Food and Drugs Act, came into force in 2006

. . . [more]
Posted in: Monday’s Mix

Summaries Sunday: SOQUIJ

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

PÉNAL (DROIT) : Le fait que la plaignante a écouté et enregistré une conversation privilégiée entre l’accusé et son avocat a enfreint l’article 7 de la Charte canadienne des droits et libertés; toutefois, des réparations moins sévères que l’arrêt des procédures peuvent corriger l’abus de procédure, notamment l’interdiction que . . . [more]

Posted in: Summaries Sunday

Biometric Scanner Ruled Legal in Workplace

Written by Daniel Standing LL.B., Editor, First Reference Inc.

Not too long ago, it was the stuff of science fiction and action films-the locked door that opened by a retinal scan. The keypad required a fingerprint as additional security. Well, what was at issue in 2023 CanLII 5478 (BC LA) isn’t too far removed from those one-time fantasies. Here, an employer implemented a biometric finger scan system for employees to use, and it had a good reason that had nothing to do with security. Would vastly improved recordkeeping and human resources services suffice as justification? Some employees got fired for . . . [more]

Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Technology, Technology: Office Technology

Getting Started on Writing That Book You’ve Been Thinking About

Over the years I’ve spoken with many people who believe they “have a book in them” or an idea for a book. But to take liberties paraphrasing Stephen Fry’s protagonist in The Hippopotamus: books aren’t made up of ideas, they’re made up of words.

So how do you string those words together at scale?

Firstly, I’d like to encourage you to reconsider. Writing a book is difficult, and it means spending pretty much all your spare time for a year or so working, and the remuneration is almost never good. Almost everyone I’ve spoken with gets more return doing . . . [more]

Posted in: Legal Information, Legal Publishing

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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