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Revisiting R v. S. (R.D.), 1997: A Case About a Black Judge on “Trial” for Acquitting a Black Boy
Revisiting R v. S. (R.D.), 1997: A Case About a Black Judge on “Trial” for Acquitting a Black Boy
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“It wasn’t that long ago in Canada when our justice system put a Black judge on trial for acquitting a Black boy of allegedly running his bike into an officer’s leg – her offence? Speaking truth to power by stating that sometimes police over-react when dealing with Black youth.” – Professor David Tanovich @dtanovich
In R v S. (R.D.), 1997 CanLII 324 (SCC),…
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#Alice Woolley#Daniel Tanovich#judgmental judges#judicial bias#judicial impartiality#judicial notice#R v S. (R.D.)
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Ontario Court of Appeal Hearing Some Appeals in Writing: Is this Good?
Ontario Court of Appeal Hearing Some Appeals in Writing: Is this Good?
In 4352238 Canada Inc. v. SNC-Lavalin Group Inc., 2020 ONCA 303, the Ontario Court of Appeal heard arguments on whether an appeal should be heard in writing only. Deviating from the usual mode of oral and written submissions. The appellant objected to the matter being heard only in writing. Despite the objection, the court held that the appeal would proceed only in writing.
Justice Roberts…
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#2020 ONCA 303#4352238 Canada Inc. v. SNC-Lavalin Group Inc.#Justice Roberts#online courts and the future of justice#oral hearings#richard susskind
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Can Chatbots Answer Legal Questions?
Can Chatbots Answer Legal Questions?
The People’s Law School in British Columbia is offering free legal information through a Chatbot on Facebook.
@chatwithbeagle answers questions through Facebook messenger at https://www.messenger.com/t/chatwithbeagle.
The chatbot starts off saying:
I work for People’s Law School. I’m here to sniff out information to help you with common legal problems. My goal is to empower you to take…
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Helpful Tips for Drafting Affidavits
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Background Rules on Drafting Affidavits:
Affidavits must be based on what the deponent saw, what they heard, or what they did.
Affidavits must be written in the first person, state the full name of the deponent, and if the deponent is a party or a lawyer, officer, director, member or employee of a party.
Affidavits should state only facts. They should not include…
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#2019 ONSC 3069#2019 ONSC 5956#affidavits#Bilotta v Booth#drafting affidavits#Gutierrez v The Watchtower Bible and Tract Society of Canada#helpful tips for drafting affidavits
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Changes in Court Process due to COVID-19 Social Distancing
This post is from an interview with lawyer Heather Hui-Litwin, founder of Self-Rep Navigators. It is posted on Self-Rep Navigators website.
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Courts in Ontario have implemented changes to accommodate the rapidly evolving Covid-19 situation. Lawyer Heather S. Douglas explains to Heather Hui-Litwin (Self-Rep Navigator Co-founder) what these changes are.
QUESTION 1:Wha…
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The Future of Our Courts: Online Courts
Photo by Alex Knight on Pexels.com “The Future Has Arrived — It’s Just Not Evenly Distributed Yet.” – William Gibson
In “Online Courts and the Future of Justice”, Richard Susskind proclaims that our courts are moving towards radical change. Conceived in the dark ages and modified in the 19th century, our courts are now overwhelmed by paper and archaic processes. The operations of our courts seem…
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When are Contracts of Adhesion Binding?
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In the Internet age, contracts of adhesion are common. Consumers routinely confirm their acceptance to terms and conditions that they have not read or understood.
In Apps v. Grouse Mountain Resorts Ltd., 2020 BCCA 78, the court addressed when contracts of adhesion are binding. In this case, a snowboarder from Australia was injured in the terrain park. He brought an…
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#Apps v Grouse Mountain Resorts Ltd 2020 BCCA 78#contracts of adhesion#ski hill#waiver of liability#waiver of liability for ski hill
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Should Judges Confront Big Companies for Failing to Pay Jurors for Time Off Work?
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Jury duty is an obligation dreaded by some and evaded by others. Medical reasons, familial obligations, travel plans, and the loss of an income are some of excuses used to avoid jury duty.
Recently, Justice Robert Goldstein of the Ontario Superior Court of Justice in Toronto wrote to Canadian Tire about their policy on paying jurors. While presiding over jury…
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Should Law Society Fees Be Progressive?
Should Law Society Fees Be Progressive?
Recently lawyer Elsa Ascencio @elsaasce tweeted about the Law Society fee structure. In her initial tweet she pointed out that the fees prevent her from servicing her clients.
In response, many lawyers chimed in. Jessica Prince @jesshwprince tweeted that the barristers in England and Wales have a progressive fee structure based on last year’s earnings. Lawyer Rob Kittredge @RobKittredge pointed…
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Eliminating Waste in Your Law Practice
Eliminating Waste in Your Law Practice
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In the New York Times article “5-Hour Workdays? 4-Day Workweeks? Yes, Please“, Dr.Newport discusses attempts to change the way we work in the knowledge economy. He gives the example of a German entrepreneur, who put in place a 5 hour workday. Employees arrive at 8am and leave at 1pm. Employees do not work until returning the next day. “Once you remove…
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#5 hour workday#Dr. Newport#eliminating waste#Gimbal Canada#Karen Skinner#Law Practice Management#Process Mapping#TECHXpo
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Small Claims Court Jurisdiction Increased to $35,000: What does this mean for current cases?
Small Claims Court Jurisdiction Increased to $35,000: What does this mean for current cases?
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Currently, the most someone can ask for in Small Claims Court is $25,000. Beginning on January 1, 2020, the Small Claims Court will increase its jurisdiction from $25,000 to $35,000.
Litigants who started a claim in the Superior Court can seek to transfer their case to the Small Claims Court if the amount sought is worth $35,000 or under.
Under the Courts of…
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#LawNeedsWellnessBecause
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Over the weekend, the Ontario Bar Association held its annual Fall Council Meeting. There were several amazing speakers. President Colin Stevenson spoke about the barriers to innovation and the ways companies are overcoming these barriers.
Barriers to innovation include:
The solitary work of lawyers. Lawyers tend to work alone, even in large law firms.
Lawyers tend to be risk adverse, and tend to be unwilling to invest in change.
Lawyers that are already successful are hesitant to embrace change.
Colin warned that complacency within our legal profession will lead to the obsolescence of lawyers. The Big 4 Accounting Firms are eating into the mid-level transactional work traditionally done by law firms. For instance, EY has invested $2 billion in innovation.
However, through practice innovation, lawyers can also deal with clients more efficiently. He cited examples of innovation by lawyers. For example:
Osler has launched a new service that streamlines estoppel certificate production.
McCarthy Tetrault has launched MT Divisions.
Dentons hired an accountant Beth Wilson to manage the Canadian firm. This step shows the professionalization of law.
The Legal Innovation Zone at Ryerson University addresses legal needs not well served by lawyers.
At the meeting Attorney General Douglas Downey spoke about the government’s consultations. The government is currently considering whether the estate system should be changed. Right now all estates are dealt with the same way. Meaning the estate of a billionaire is dealt with the same way as an estate worth $20,000. The complex process leaves some smaller estates in limbo. The government is considering providing a simplified procedure for smaller estates.
Acclaimed author and lawyer Andrew Pyper spoke about the importance of narrative. He talked about his writing process. He begins writing a story by thinking of a body of ideas. He then shaves off the things that don’t work until he gets to the core idea.
Pyper recommended that our stories have a main character and that we identify the stakes. By having a main character, the reader becomes invested. The writer must answer why them and why does the reader care about it. By finding the right question, the author tells the right story.
I truly enjoyed the conference and found the topics enlightening.
(Views are my own and do not represent the views of any organization.)
Ontario Bar Association: Fall Council Meeting Over the weekend, the Ontario Bar Association held its annual Fall Council Meeting. There were several amazing speakers.
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Court Services of the Future: Online Mediation
Court Services of the Future: Online Mediation
In British Columbia, the Legal Services Society has launched a free, online service called “The Family Resolution Centre”. It is part of My Law BC(delivered by legal aid provider Legal Services Society).
The Family Resolution Centre program of My Law BC helps separated couples create parenting plans online. The parenting plans deal with parenting time, vacations, and other childcare needs.…
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Blockchain Regulation and Governance Course
Blockchain Regulation and Governance Course
Blockchain and distributed ledger technology are considered by experts to be the biggest technological change since the invention of the internet. Since ancient times money has been the domain of governments. Because digital currencies such as Bitcoin are not created by governments as a central authority, and are being increasingly used to transfer wealth, regulators struggle on how to…
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#blockchain regulation and governance#crypto-currency#Ryerson University#The Chang School of Continuing Education#Timothy Storus
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Court Forms: Should They be Eliminated?
Court Forms: Should They be Eliminated?
Court forms are confusing. They are difficult to fill in and contain legal jargon. Even worst, the guides for court forms can be hard to follow. Especially, if you do not have a strong grasp of English or an understanding of the court system.
I have personally witnessed numerous people struggle with court forms, both while waiting to file a court document and while volunteering at a legal…
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Is Selling Prescription Eyewear Online Legal?
Is Selling Prescription Eyewear Online Legal?
Nowadays you can buy almost anything online: clothing, food, glasses, jewelry, medication, mattresses, and the list goes on. So is there a problem with buying prescription eyewear online?
The College of Optometrists of Ontario thought so. The College launched a court application against Essilor Group Canada Inc. for operating the online retailer Clearly.ca and Coastal. Almost every action taken…
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#2018 ONSC 206#2019 ONCA 265#Clearly.ca#College of Optometrists of Ontario et al v. Essilor Group Canada Inc.#College of Optometrists of Ontario v. Essilor Group Inc.#dispensing eyewear#regulatory body#selling eyewear#unauthorized practice
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