Canada’s online legal magazine.

Bilingualism in the Federal Courts

Given the recent interest in whether the nominees for the Supreme Court should be bilingual, I thought readers might be interested in a dispassionate overview from those great folks at the Legal and Legislative Affairs Division of the Parliamentary Information and Research Service: “Bilingualism in the Federal Courts,” [PDF] by Marie-Ève Hudon.

This document analyzes the rules that govern the use of both official languages in the federal courts, that is, the courts established by Parliament. It gives a brief overview of Canada’s court system before examining the legislative, constitutional and judicial framework of bilingualism in the federal

. . . [more]
Posted in: Miscellaneous, Practice of Law

Autopsy of a Deal – Why Do It

Outsourcing deals are often long-term arrangements that span over periods of 10-15 years. It is not unusual to see personnel changes on both sides of the contract during the term of the deal, right up to the point where there is no-one left from the original deal team on either side. For many this might not sound like an issue – after all, knowledge transfer tends to be an ongoing exercise for both parties (including knowledge transfer on how to manage and interpret the contract). Unfortunately, when the original deal team has left, and this does happen, something valuable could . . . [more]

Posted in: Outsourcing

Legal Research Services for the Public – Looking for a Solution

Ever since I set up a shingle four years ago to consult independently, I have been asked periodically as to whether I do legal research. Most recently, a few people have asked if this is a service I provide for the public. My response until now has been that I really don’t know of anyone who does any substantive legal research for the public. It would be great to have the great collective mind of the Slaw community work on a solution since it is something I haven’t been able to crack myself.

Some libraries (public and academic) may be . . . [more]

Posted in: Legal Information: Libraries & Research, Technology

Cyberweek 2011

♬ Why can’t people just get along
What a world it would be
If we could all just have fun
‘Cause it don’t do nobody right
When it comes down to a fight hey
Why can’t people just get along…♬

Music and Lyrics by David Lee Murphy and Minnie Pearl.

Monday Oct 24th to Friday Oct 28th is Cyberweek 2011. Cyberweek is a conference focusing on the world of Online Dispute Resolution. Since ODR is an online method of resolving disputes, it stands to reason that Cyberweek would be a world-wide online conference!

Cyberweek is hosted by:

  • Werner Institute
. . . [more]
Posted in: Technology: Internet

CBC: Auto Insurance One Year Later

The CBC Radio Show “Ontario Today” recently covered the auto insurance reforms that went into play one year ago,

One year after changes to auto insurance in this province, who’s better off?

Hear from a doctor who says insurance companies are turning almost everything down; a lawyer who says there is a lot less money for treatment if you’re in a car crash; and an insurance industry spokesperson who says you will be taken care of if you’re hurt.

The changes continue to be highly contentious, with insurers saying they were desperately needed, and many clients and assessment centres saying . . . [more]

Posted in: Practice of Law: Future of Practice

Canada’s Bottleshock

While Canada has not exactly had its bottleshock moment, over the last few decades various regions of Canada, including British Columbia, Nova Scotia and Ontario have become notable for their wine producing regions. These producers have developed to such an extent that demand for their products has grown to a point where requests for their wines come from all quarters (undeniably is a good thing) except for when the wine producers have to decline certain requests, which happens on a regular basis because of the Importation of Intoxicating Liqours Act, RSC 1985 c I-3. Specifically section 3(1) of . . . [more]

Posted in: Substantive Law: Legislation

The Friday Fillip: Letters, We Got Letters

Hey, you greyheads, remember back in the day? You wrote letters. Or, if you were lazy, you read letters that others wrote to you. Now, for those of you who still have a spring in your step after you go walking, let me elaborate: the national service that now brings flyers and the occasional bill to your door would once upon a time bring you news from friends and relations, a kind of Facebook on feet, if you will. Often these epistolary efforts were longer than emails, done in a personal cursive, and, as a bonus they never needed to . . . [more]

Posted in: Miscellaneous

Browsewrap “Contract” Upheld in Canada

The British Columbia Supreme Court has recently given judgment for Century 21 Real Estate company against a company (affiliated with Rogers Communications) that scraped real estate listing information from the Century 21 sites and repackaged it on its own site: Century 21 v Rogers Communications 2011 BC 1196 .

The court thoroughly reviewed US and Canadian law on the topic and recited a number of factors that might support a finding that a ‘browsewrap’ contract (i.e. one that did not depend on any active assent to its terms, but that operated by mere use of the web site) would be . . . [more]

Posted in: Substantive Law: Judicial Decisions, ulc_ecomm_list

The Other Eighty Percent: Dealing With Lesser-Used Items in a Library Collection

Librarians often use the rule that 20% of a library’s collection accounts for 80% of its use. However a recent OCLC study found that 80% of the circulation in a university library was driven by just 6% of the collection. Given that law libraries, whether academic, courthouse or private law firm, are constantly under space pressures, does this mean that we should be discarding the other 80-94% of the collection and using the space for something else? (Spoiler: my answer is “no”.)

Usage is not necessarily a good measure of the value of an item. There are items in my . . . [more]

Posted in: Legal Information

You Might Like… a Few Diverting Pieces on Rösti, Toes, Atwood, Footnotes, Flutebox, and More

This is a post in a series to appear occasionally, setting out some articles, videos, podcasts and the like that contributors at Slaw are enjoying and that you might find interesting. The articles tend to be longer than blog posts and shorter than books, just right for that stolen half hour on the weekend. It’s also likely that most of them won’t be about law — just right for etc.

Please let us have your recommendations for what we and our readers might like.

. . . [more]
Posted in: Reading: You might like...

Supreme Court of Canada Library Updates Court Bibliography

The library of the Supreme Court of Canada recently updated its online bibliography about the court. New material from the period 2008-2011 has been added.

The bibliography contains articles, textbooks, earlier bibliographies, rules of practice and statistics about the Court.

Speeches by Justices of the Supreme Court of Canada as well as scholarly articles about the court’s rulings are not included.

[Cross-posted to Library Boy] . . . [more]

Posted in: Legal Information: Libraries & Research, Technology: Internet

Slaw Site News – 2011-10-20

Site news for those who read Slaw only via RSS or email

1. Comment Watch:

In the last week there were 36 comments. You might be particularly interested in these:

  • 8 informative comments on Connie Crosby’s post on the Person’s Day case, going deeper and deeper into the legal history of that case.
  • 5 very thoughtful comments on John O’Sullivan’s post on Quantum Physics and Mediation
  • You can subscribe to the comments on Slaw either as a separate matter (RSS, email) or as part of a subscription combining posts and comments (RSS, email).

    2.

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Posted in: Slaw RSS Site News

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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