- Arizona sheriff Joe Arpaio agrees to sanctions for contempt of court
- Jewish summer camp which barred boy appears to be acting within its rights
- Target proposes to pay $10M to settle data breach lawsuit
- Judge strikes lawyer’s entire defence in negligence spat
- Supreme Court rules Quebec infringed on Loyola High School's religious freedom - Montreal - CBC News
- Bar Exam, the Standard to Become a Lawyer, Comes Under Fire
- Charges dropped against homeless northern Ontario woman who built her own cabin
- New sexual harassment laws, protections coming soon to the Ontario workplace
- Kathleen Wynne proceeds with $2M libel action against Tories
- Fed-up neighbors sue Bieber
- Can’t afford a lawyer? How courtroom innovations help self-represented litigants
- Ontario’s legal aid system gets some well-targeted help: Editorial | The Toronto Star
- Before Judges, the Godfathers Become Sick Old Grandfathers
- California May Require Pro Bono Hours and Training for New Lawyers
- Ont. judge: Durham police to pay informant $345K for disclosing identity after promising confidentiality
- Start of the "electronic age" as rule changes at Federal Court of Canada newly permit e-filing
- B.C. judge tosses Christian law school challenge | Globalnews.ca
- Lawyer for convicted judge wants MacKay to intervene
- Hypothetical risk of conflict insufficient for removal: Nordheimer
- Law school applicants continue to decline, and schools get less choosy
- Mountie in Dziekanski Taser case convicted of perjury
- Florida Justices Reject 70-Year Sentence for Juvenile, Likening It to Life Term
- Canadian Bar Association condemns Harper’s anti-terror bill
- CRTC rules cable companies must offer pick-and-pay channels, $25 basic package - Politics - CBC News
- On Child Custody
- Wisconsin federal judge finds state abortion law unconstitutional
- Rick Perry executed an innocent dad after prosecutor hid evidence in kids’ arson deaths: Texas bar
- Five things to know about legal fight over Quebec’s mandatory religion course ahead of SCC decision
- Ruling shows courts struggling with handling national class actions
- Judge won’t lift ruling instructing Alabama probate judge to issue marriage licenses to gay couples
- Lawyers launching their own firms shouldn’t overlook these 10 things
- Ottawa opposes Omar Khadr’s bail application, says it’s a violation of his 2010 U.S. plea deal
- Harper government is sure to lose its appeal in the citizenship oath-niqab case. Maybe that’s the point
- Decision thrown out over 16-year old solicitor-client relationship with judge
- Supreme Court of Canada Updated Policy for Access to Court Records
- Quebec judge caught in police sting was seen on security camera buying drugs, judicial council alleges
- Microsoft is putting Internet Explorer out to pasture
- Finally, Ontario’s indefensible liquor retail system gets a significant rethink | National Post
- Khadr waived right to appeal and shouldn’t get bail, Ottawa argues in court document
Monday, March 23, 2015
Friday, March 20, 2015
New York City’s embattled, progressive mayor, Bill de Blasio, has in rapid order acquired a bit of a reputation for failing to arrive on time. His tardy tendencies have even launched a new cottage industry in the press, the “De Blasio was Late Again” outrage-of-the-day story.
Late the for a St. Patrick’s Day mass. Late for a plane crash memorial service. Late to a police officer’s wake. Late for an event in his own home. Gosh, even late in responding to a snowstorm.
Naturally, the most civic minded among the journalistic order have taken it upon themselves to be solution-oriented. Thus, we are not surprised at the inevitable spawning of a sub-genre of well-intentioned suggestions for the Mayor, such as How Not to Be Late: A Self-Help Guide for Bill de Blasio.
There is even a Bill de Blasio “Lateness Excuse Generator” (pictured above), where technology meets tardy, and perpetually late landers can have appropriate mayoral excuses created for immediate use on virtually any occasion.
Now back home, here in the legal profession, lateness can be serious business, particularly in America.
A repeat-offending Texas lawyer was suspended this past January for being 30 minutes late in filing a death penalty stay petition. In 2008, a Los Angeles defence attorney was jailed for two days after arriving late for a sixth time at court. Sanctions and fines were the fate of a “punctuality-challenged” Bronx defence lawyer in 2007.
The Canadian attitude toward tardy lawyers is, predictably, somewhat more measured. As noted by Robert Bell and Caroline Abela in a 2009 paper for the Advocates Society, A Lawyer’s Duty to the Court:
Being late for court, although highly irritating and a waste of time, is generally not conduct that is considered egregious and neglectful of a lawyer’s obligation. However, in our view, tardiness is a breach of a lawyer’s duty to the courts because it, among other things, causes delay and disruption to the court process. Tardiness effects the administration of justice. For example, in LSUC v. Ducas, the Law Society hearing panel found, inter alia, that the lawyer had breached his duty to the court by appearing 25 minutes late for his own motion by which time the motion had been dismissed.In fact, recent rulings in Ontario make it clear that even the bench must avoid precipitous action in the face of tardy counsel.
For example, note the 2014 case of Justice of the Peace Alfred “Bud” Johnston:
The Justices of the Peace Review Council upheld two complaints against the Old City Hall JP: that he was “arrogant and sarcastic” when courier Alexander Leaf appeared before him without a lawyer on Nov. 22, 2012 to fight a charge of driving with a handheld device; and that he abused his position by dismissing an afternoon session of 68 charges on Dec. 4, 2012 because the prosecutor was one minute and 10 seconds late.
Similarly, in 2012, Ontario Court Justice Howard Chisvin was reprimanded by an Ontario Judicial Council panel for summarily dismissing 33 charges for “want of prosecution” after a Crown was briefly late in returning from a recess:
The prosecutor, Brian McCallion, had been preparing for one of the cases by reading a psychiatric report on one of the accused people and didn’t hear several pages for him.
Court records show that after court had reconvened, the judge waited all of one minute and 27 seconds before throwing out the entire docket.
Now, to be clear, your faithful writer has perhaps also had the “occasional” tardy moment. This is by no means a point of pride. It might, however, inform the interest with which I view these developments in mayoral, lawyerly and judicial timeliness.
For late-at-heart lawyers, I am glad to note there remains hope when confronted with the challenge of improving time management in an era of of Too Little Time. Via Good Housekeeping writer Frances Lefkowitz:
WHY YOU’RE IN THIS FIX: “There are so many misconceptions about lateness,” says time-management consultant [Diana] DeLonzor. Top false assumptions: People who are late are inconsiderate, selfish, controlling, lazy, or looking for attention. In fact, many people who run late have trouble accurately judging time and thus underestimate how long things will take. Psychologists call this the planning fallacy — and it’s part of being human. “We have an idealized version of how things go,” explains Steel, “and we edit out how much time things actually require.” Chronically late people fall prey to the planning fallacy in spades, misjudging the time needed even for things they do regularly, like fixing breakfast or driving to work. Call her optimistic, idealistic, or unrealistic, but if a person who tends to run late once got to work in 19 minutes — on a good traffic morning, catching all green lights — she assumes she can bank on this swift journey every day. “Late people time things exactly, according to the best-case scenario — but of course the world doesn’t work that way,” says DeLonzor…
SIMPLE WAYS OUT: First, confront your magical thinking with cold, hard facts: Spend a week timing your daily tasks — what DeLonzor calls “relearning to tell time.” Once you know how long it really takes to shower, get the kids dressed, and feed the dog, you can adjust your schedule accordingly. Second, always plan to arrive early, factoring 15 extra minutes into every trip. Chances are you’ll end up on time; in the worst-case scenario, you’ll have a few minutes to relax, get a drink of water, and fix your hair. Like Hall, late people often view time spent waiting as time wasted. But if you carry a book, knitting, or your cell phone, you can use a few extra minutes productively. Finally, have a strategy for each day. “A lot of people with time-management issues don’t have a clear sense of how their day is going to pan out,” says DeLonzor. So make a list, with your revamped time estimates written next to each item. Then you’ll be able to tell if you’ve scheduled 30 hours’ worth of activity into a 24-hour day.Today’s tip logically follows. Address any tendencies toward lateness by taking a hard look at your time management. In particular, assess the accuracy of your estimates about the time required to complete tasks and to get from point A to B.
That is worth thinking about.
As they say, better late than never.
(Cross Posted at Slaw-Tips)
Recently the Law Society announced this years award winners of the Law Society Medal, the Lincoln Alexander Award, the Laura Legge Award and the William J. Simpson Distinguished Paralegal Award.
In a statement the Law Society Treasurer Janet Minor recently said,
The Law Society looks forward to honouring these 11 exceptional legal professionals whose careers represent the highest level of achievement and commitment to serving the public and the professions.The 2015 Law Society Medal recipients are:
- Craig R. Carter, CS
- Prof. Adam M. Dodek
- Susan Eng
- Faisal Joseph
- John B. Laskin
- H. J. Stewart Lavigueur
- E. Patrick Shea, CS
- Chantal Tie
The 2015 Laura Legge Award recipient is Kimberly Murray. This award is presented annually to a female lawyer in Ontario who has exemplified leadership within the profession.
The 2015 William J. Simpson Distinguished Paralegal Award recipient is W. Paul Dray. This award is presented annually to a paralegal in Ontario who has demonstrated one or more of the following characteristics: outstanding professional achievement, contribution to the development of the profession, devotion to professional duties, adherence to best practices and mentoring of others in best practices, a history of community service, or personal character that brings credit to the paralegal profession.
Congratulations to all of the award recipients on the recognition by the Law Society of their respective achievements.
Currently, it's only legal for medical marijuana users to intake dried-marijuana plants. They can't add it to baked goods or anything else, without opening themselves up to charges under the Controlled Drugs and Substances Act for criminal trafficking and narcotics possession.
The question before the Court is whether these regulations violate physician-prescribed users' section 7 Charter rights to life, liberty and safety.
Read more at the Ottawa Citizen.
Should common law spouses be exempt from testifying against their spouse in criminal cases?
A recent article by the Law Time’s, Yamri Taddese provides some insight to this complex question.
Recently in R.v. Lomond, 2015 ONCJ 109 the Honourable Justice Javed of the Ontario Court of Justice found that to deny spousal immunity to individuals in common law relationships is “discriminatory and inconsistent with modern values under the Charter of Rights and Freedoms.” To date, while married spouses have been offered spousal immunity from testifying against their spouse but common law spouses have not been awarded the same benefit pursuant to the federal Canada Evidence Act (the "Act"). Pursuant to section 4(3) of the Act,
"no husband is compellable to disclose any communication made to him by his wife during their marriage, and no wife is compellable to disclose any communication made to her by her husband during their marriage."
“There is no valid, rational basis for treating common law spouses and formally married spouses differently when it comes to the reasoning behind a spousal privilege here, which is to foster a trusting, good relationship.”
For example, in the Supreme Court of Canada ("SCC") case of Nova Scotia (Attorney General) v. Walsh, 2002 4 SCR 325, the SCC found that "a decision not to marry should be respected because it also stems from a conscious choice of the parties."
Monday, March 16, 2015
This seems like babysitters club 101, find a group of teens willing to babysit for money, right? Ms. Mintz took it further by charging a 15% fee on the gross incomes of her nannies, ranging between $50 and $80k. It is estimated that her agency has grossed upwards of $375,000.00.
Read more about it here.
The Next Web recently reported that consumers requests were heard. Emoji's on the i0S 8.3 will have different skin tones and further country flags. A little taste of what's to come is below.
A recent article by the ABA Journal’s Debra Cassens Weiss examined these questions.
Last month the Louisiana Attorney Disciplinary Board recommendeda suspension for a Louisina family lawyer for unethical conduct. It is alleged that family lawyer Joyce Nanine McCool, along with her client, the mother in the case, used various forms of social media to urge readers to sign an online petition and contact two judges in her clients case involving allegations of child sexual abuse by the father. The discipline board recommended a suspension of a year and a day for the “social media blitz”. According to the article, the Discipline Board found that it was both unethical and inappropriate for McCool to have, “used Twitter and other social media to publish misleading and inflammatory statements about the judges, to promote the petition, and to try to influence the judges in pending litigation. The website promoting the online petition contained sealed information about the cases, the disciplinary board said.”
McCool told the ABA Journal in an email that she disagrees with the recommendation. McCool stated, “I don’t believe the recommendation does anything to protect the profession or make it more ‘honorable,’ ” McCool said. “To the contrary, it undermines it, and further ensures that ‘justice’ will be whatever judges say it is, regardless of the law, ethics, or all the facts and circumstances that would otherwise contradict them.
While a lawyer has a duty to fearlessly advocate for her clients, this kind of online activity clearly crosses numerous ethical lines. Social media is not a toy - a lawyer is required to foster respect for the courts and the justice system, online and offline. Beyond that, it is difficult to contemplate how any of these online activities could have been expected to generate any ultimate benefit whatsoever for the client.
- Niqab controversy: Judge struck down ban without referring to charter - Politics - CBC News
- How the "Blurred Lines" Verdict Might Screw Up the Whole Music Industry | LA Weekly
- ‘Blurred Lines’ Lawyer Rocks Music Industry Again
- Belle de Jour sues ex-boyfriend for libel after he claims she wasn’t a call girl when they dated
- Supreme Court to rule on case similar to Nadon challenge - The Globe and Mail
- Supreme Court of Canada Statistics 2004 to 2014
- Child Support from Gambling Earnings
- Stiffer penalties for B.C. hockey parents with 'rink rage'
- Swedish prosecutors seek to question Assange in London
- Ontario’s ethnocultural legal clinics get new funding
- RCMP alleging fraud, theft by OPP union officials: OPPA
- Supreme Court Of Canada Finds Paid Suspension Amounts To Constructive Dismissal
- The new labour trilogy: the Supreme Court of Canada reshapes labour law (again) - Lexology
- Legal pains: The cost of justice includes physical health
- Alleged Cosby victim tearfully urges Nevada to lift statute of limitations on sex assault
- Making Overseers into Advocates - A social worker’s take on the misery of probation
- Motherisk review could have Canada-wide implications
- Lessons on asserting privilege: Court orders employer to produce all investigation documents - Lexology
- 2015 Solo and Small Firm Legal Tech Guide
- Groia to continue court battle, hopes to make change as bencher - Law Times
- Toronto criminal lawyer Laura Liscio appears in court on drug smuggling charges
- Florida woman checks into domestic violence shelter with son to avoid court order to have him circumcised
- Robin Thicke, Pharrell Williams to appeal Blurred Lines verdict
- Proposed CSIS powers a 'constitutional mess,' former watchdog warns
- NZ Court Orders Release of Some Kim Dotcom Funds
- Conservatives limit debate on ‘barbaric cultural practices’ bill
- Today’s Tech: A Federal Judge On Trial Presentation Technology In His Courtroom
- Don’t waive mandatory victim surcharge out-of-hand: Ont. appeal rules Crown entitled to make submissions
- E-cigarette ban ‘not an option’: Commons health committee calls for legalization
- Man who made false claim to Facebook ownership missing, along with family
- Expulsion of Two Oklahoma Students Over Racist Video Leads to Free Speech Debate
- The expanded scope of constructive dismissal: the Supreme Court of Canada applies the duty of good faith
- MDs lawsuit against patients' lawyers “abusive,” court told - Toronto Star
- D.C. Judge says man can’t smoke in his own home due to neighbor’s 2nd-hand smoke concerns
- National Post appeals defamation ruling in favour of climate scientist
- Winners behaving badly: Recent Ontario cases show that those who win lawsuits may not receive costs
- Ezra Levant summoned to testify at Sen. Mike Duffy’s upcoming trial. It’s unclear why
- Representing clients in China? Prepare to be hacked; BigLaw is a frequent target
- Three-hundred pages of judge instructions before the fate the VIA Rail accused handed to the jury
- Utah lawmakers approve use of firing squads for executions if lethal injections aren’t available
- Ferguson chief resigns after scathing report on Michael Brown shooting
- Pharrell Williams, Marvin Gaye lawsuit blurs lines of copyright infringement
- Captain John's Restaurant sailing for court — again
- Italy’s top court clears Silvio Berlusconi in bunga bunga sex case
- Ireland court temporarily legalizes possession of street drugs
- Legal inequalities for women still persist in most of the world
- Posner blasts ‘excessive judicial passivity’ and ‘lackluster’ lawyering in cabbie’s immigration case
- A Sneak Peek At The 2016 U.S. News Law School Rankings
- Omar Khadr bail application gets support from professors, former U.S. general
- Harper appeals court ruling that struck down ban on wearing niqab during citizenship oath
- Toronto legal clinic helps homeless fight unpayable ‘nuisance’ tickets
- 2015 Law Society Awards
- Mounties accuse Pamela Wallin of fraud, breach of trust
Friday, March 13, 2015
In the next few years, there may be a new junior associate, called Ross working at a
Bay Streetlaw firm. He will handle legal research on big cases and the senior partners are really going to like him: He is quiet, works orders-of-magnitude faster then any other lawyer on Earth and has a steel-trap mind.
Yes, you read that right. 10 years and 1,000 lashings - 50 of which have already been administered.
In positive union, the Quebec Bar and Lawyers Without Borders Canada recently announced that they would join forces to have blogger Raif Badawi released from jail.
Mr. Badawi's wife and three children live in Sherbrooke, Quebec. However, given that he is not a Canadian citizen, the federal government has not become involved.
If you are moved to help, please see the Amnesty International Canada website to show your support by signing the petition.
Monday, March 09, 2015
- Toronto bakeries Sweet Olenka's and Dufflet spar over naming of small cakes
- Top Employment Law Developments In 2014 - What Employers Need To Know In 2015
- Prelim begins for Rob Ford ‘driver’ Alexander Lisi charged with extortion in relation to ‘crack video’
- Lawyer Viktor Hohots admits to negligence representing Roma refugees | The Toronto Star
- Ex-CIA director David Petraeus to plead guilty to giving top secret files to his biographer and mistress
- Real estate brokers defy TREB, vow to publish home sales stats - Business - CBC News
- 500 Pakistani parents arrested for not vaccinating children
- Ontario Looks at ODR for Some Provincial Offences
- Prostitution revenue taxable, Quebec Court rules, operator of male-escort agency hit with $1.2M bill
- How a mid-sized law firm became one of the first in Canada to achieve gender parity in its ranks
- Why Canadian border agents have power to demand your smartphone password
- 21-year-old arrested, accused of being 'lilsecrett,' who streamed live sex shows from libraries
- Ferguson fires 3 employees for 'egregious racial bias' amid U.S. Justice probe
- Aboriginal mom fights officialdom over spelling of daughter’s name: SahaiɁa
- Federal Court in Alabama Is Asked to Clear Way for Same-Sex Marriages
- Roma family of 39 wins case for asylum in federal court
- 19th century vagina sparks French lawsuit against Facebook | The Verge
- Appeals court puts same-sex marriages in Nebraska on hold
- Leafs fan apologizes to Lupul, Phaneuf and Cuthbert for offensive tweet
- Judge plans lengthy instruction to jury in Via terror trial
- Thalidomide victims each get $125K compensation from Ottawa
- Iranian loses eye as punishment
- US Supreme Court to hear gay marriage cases on April 28
- Michael Brown family to file wrongful death lawsuit against Ferguson
- Sick Kids suspends Motherisk’s hair drug testing
- Is Your Law Firm A Target For Hackers? (Spoiler: Yes)
- Dentons looking to merge again with McKenna Long & Aldridge: report
- SCC lowers bar for defence-led evidence in murder appeal
- Compu-Finder fined $1.1M under anti-spam law
- Two US Law Schools Will Not Require the LSAT
- Unacceptable to force doctors to participate in assisted dying against their conscience: CMA head
- Inmate wins England and Wales jail smoking ban ruling
- Forest Hill maple must be removed after neighbours dispute, judge rules
- Ontario judge writes simple and ‘inspiring’ legal decision for repeat offender
- TSN tweet dustup shows social media no Wild West when it comes to libel
@HayeseLaw: 1st significant anti-spam penalty RT @CRTCeng: Compu-Finder issued $1.1M penalty for spamming Canadians via David Canton
- Pilot project to expand electronic monitoring of offenders to roll out despite concerns
- Selfie sticks not welcome in Washington's famous museums
- ‘A life sentence in Canada will henceforth mean just that,’ Harper announces new tough-on-crime bill
- What lawyers need to know about data stored on mobile devices
- Stephen Harper unlikely to be called to testify in Mike Duffy trial as PM’s name left off witness list
- Risky business: when is a fixed-term employment contract an indefinite-term contract
- Ferguson police report: 5 examples of abuse of power - World - CBC News
- Yes, Black America fears the police. Here’s why.
- Windsor library woman who made sex shows fired by employer - The Globe and Mail
- Phaneuf, Lupul hire law firm over tweet aired on TSN - Toronto Sun
- Sex shows streamed from Windsor libraries probed by police - CBC News
- Court rules on iPhone, iPad use
Thursday, March 05, 2015
Two recent articles from Law Pro’s Tim Lemieux and Rob Lekowski of ABA’s Law Technology Today have looked at these questions and offer quite a bit of need-to-know information.
The typical mobile device retains information on the locations of all calls, all wifi-networks joined, photos taken, and apps that utilize location services. Text messages – even those deleted – will remain on the device until overwritten, as will browsing histories. Even encrypted data may be accessible.
And of course, there will also be all the usual email, documents and other app data that will be readily available from the device, without any forensic voodoo.
Four-digit passcodes present virtually no obstacle to forensics experts seeking access to mobile devices, according the the Lekowski article. Even a rudimentary Google search will yield an avalanche of results as to forensic software suites that are available to assist in data harvesting from mobile devices and the cloud-based mail and data storage applications they are connected to.
There has been much jurisprudence in a criminal law context as to the necessity of obtaining warrants prior to police searches of mobile devices. In R. v. Manley, a 2011 decision of the Ontario Court of Appeal, Mr. Justice Sharpe noted:
Cell phones and other similar handheld communication devices in common use have the capacity to store vast amounts of highly sensitive personal, private and confidential information – all manner of private voice, text and e-mail communications, detailed personal contact lists, agendas, diaries and personal photographs. An open-ended power to search without a warrant all the stored data in any cell phone found in the possession of any arrested person clearly raises the spectre of a serious and significant invasion of the Charter-protected privacy interests of arrested persons. If the police have reasonable grounds to believe that the search of a cell phone seized upon arrest would yield evidence of the offence, the prudent course is for them to obtain a warrant authorizing the search.In a civil context, orders may be obtained for production of cell phones and hard drives for forensic analysis (see: Comisso v. York Regional Police, 2010 ONSC 3620), subject to assessments of relevance and proportionality that may significantly narrow or limit the scope of such analysis (see: Warman v. National Post Company, 2010 ONSC 3670). Further, the ease with which electronic evidence may be destroyed has been cited as a factor in considering the appropriateness of granting an Anton Pillar order for the seizure of computers and mobile devices (see: Irving Shipbuilding Inc. v. Schmidt, 2014 ONSC 1474).
While forensic analysis of mobile phones and their data will clearly not be appropriate on a routine basis in every case, counsel should consider whether such evidence is relevant and whether production for forensic analysis would be proportionate to the claims advanced. Further, bear in mind that such evidence can be exculpatory, and is not always damning. Consider whether your own clients’ mobile data could be of assistance in advancing their claims.
Our courts continue their attempts to find a balance between the protection of privacy and the temptation to litigants of the voluminous, potentially-relevant data on mobile and other electronic devices. As a result, determining whether mobile data is necessary and potentially discoverable must be included on the litigator’s to-do list in prosecuting a civil action.
So today’s tip: Know that smartphone – it might be litigation a game-changer.
(Cross-Posted at Slaw Tips)