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A Glance at ESA and OHSA Requirements Under Bill 148 With Implementation Dates

On November 27, 2017, the Fair Workplaces, Better Jobs Act, 2017 (Bill 148) received royal assent and is now law. Bill 148 makes significant amendments to Ontario’s Employment Standards Act, 2000, Labour Relations Act, 1995 and the Occupational Health and Safety Act. The amendments are significant and have various implementation dates. This article deals with providing a timeline for provisions in force from the date of assent to January 1, 2019 under Ontario’s Employment Standards Act, 2000 (ESA) and the Occupational Health and Safety Act (OHSA). Changes to the Labour Relations Act, 1995 will be dealt with in . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Who’s a Law Society For?

Canadian law societies operate under a public interest mandate. This premise is often presented without much fanfare or introspection – as a fait accompli, as a matter of common sense, as something always there and always having been there. And, to be sure, there is a way that this framing makes eminent sense. It’s a legal reality as reflected in legislation governing law societies. And, on a more conceptual level, if not for a concern for the public interest, why regulate lawyers at all?

However, once we peel back even a few layers of the onion skin, it quickly . . . [more]

Posted in: Legal Ethics

Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about.

For this last week:

1. Pohl v Midtal, 2017 ABQB 711

[1] When a parent gives an adult child a joint interest in real property during his or her lifetime, can that gift include an irrevocable right of survivorship that has the effect of preventing the parent from later severing the joint tenancy?

(Check for commentary on CanLII Connects)

2. Saugeen First Nation v Ontario . . . [more]

Posted in: Wednesday: What's Hot on CanLII

The State Weighs Differently on Each of Us

The creation and maintenance of a state is an ongoing exercise in force. Without the force the state will not continue.?There are many societies throughout history that existed quite well without one, and recently I’ve been thinking about how each of experiences the force of the state differently, now that virtually all people live in them. I recently read that no group of hunters and gatherers or pastoralists has ever willingly transitioned to settled life, because it makes them easier to control and tax [1], and there is a vivid description of the violence and political machinations required to . . . [more]

Posted in: Legal Information

Tips Tuesday

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on research, writing, and practice.

Practice

Is Your Law Firm Experiencing Growing Pains?
Sandra Bekhor

The growing pains experienced at law firms don’t usually get self-diagnosed as such. Instead, they tend to be described in terms of the series of symptoms that happen to be manifesting, often at the same time. Some examples …

Research & Writing

Phrases We Love to Misuse
Neil Guthrie

“The proof is in the pudding” This kind of makes sense,

. . . [more]
Posted in: Tips Tuesday

Book Review of the Mighty Hughes

A reader in search of a new book could be forgiven for taking a pass on The Mighty Hughes. After all, what could be interesting about the life and times of a saint who was neither mutilated nor martyred?

Such a reader should think again.

The story of the life of Ted Hughes QC, OC is a tale of aggressive virtue. His pursuit of honest outcomes and dishonourable individuals has brought him respect and fame throughout Canada. In the pages of Craig McInnes’s biography, Hughes is depicted as a heroic figure who has, at times, brandished the sword of . . . [more]

Posted in: Legal Information, Practice of Law

Beyond the Bitcoin Crash: Ontario Law Lays a Foundation for Enforceable Smart Contracts

The not-so-smart money has pushed the price of a Bitcoin well above US$6,000. The crash is inevitable. The first-mover “cryptocurrency” is based on an inefficient proof of work model designed for anonymous transactions on a public network. The next generation of blockhain developers, like those working on the Ethereum platform, are less interested in the ideology of anonymous transactions than the practicality of efficient business applications. Corporate adopters like the Enterprise Ethereum Alliance have already noted the pace of migration from anonymous public blockchain networks to a combination of public and permissioned private networks. Since “altcoin” currencies are not . . . [more]

Posted in: Practice of Law: Future of Practice, 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. Eloise Gratton 2. IIFLS at Osgoode 3.?Official Clio Blog 4.?Legal Post Blog 5. Meurrens on Immigration

Eloise Gratton
CASL Enforcement Decision — Interpretive Guidance for Compliance and Penalties

On October 19, 2017, the Canadian Radio-television and Telecommunications Commission issued Compliance and Enforcement Decision CRTC 2017-368

. . . [more]
Posted in: Monday’s Mix

Should Police Use Your Face to ID Smartphone Evidence?

The new iPhoneX is hot. So hot that in Hong Kong, where I’m currently located, they are selling them out of suitcases on the sidewalk for approximately CDN$2,000 and up (depending on the size).

One of the phone’s hottest features is that it allows for it to be unlocked, simply by looking at it. Here’s what Apple has to say about Face ID:

 

Much of our digital lives are stored on iPhone and it’s important to protect that information. In the same way that Touch ID revolutionized authentication using a fingerprint, Face ID revolutionizes authentication using facial recognition.

. . . [more]
Posted in: Justice Issues, Technology

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)?: à la lumière de?R. c. Jordan?(C.S. Can., 2016-07-08), 2016 CSC 27, SOQUIJ AZ-51302609, 2016EXP-2173, J.E. 2016-1212, [2016] 1 R.C.S. 631, un arrêt des procédures est ordonné dans une affaire où les accusés ont été déclarés coupables d’avoir contrevenu à la?Loi sur la production de . . . [more]

Posted in: Summaries Sunday

Summaries Sunday: Supreme Advocacy

On one Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all appeals as well as leaves to appeal granted so you will know what the SCC will soon be dealing with (October 14 to November 23, 2017 inclusive).

Appeals

Aboriginal Law: Freedom of Religion
Ktunaxa Nation?v.?British Columbia (Forests, Lands and Natural Resource Operations), 2017 SCC 54 (36664)

The claim here (approval of a ski . . . [more]

Posted in: Summaries Sunday

Can Computer Programs Produce Legal Arguments?

“Today, we look for information. In the future, information will look for us,” says Dr. Ya-Qin Zhang, Ph.D. and president of Baidu, one of China’s largest Internet companies and a leader in global artificial intelligence (AI).

AI systems have generated much speculation and it has many lawyers, including myself, wondering if lawyers could be replaced by robots. Personally, I thought the headlines that say lawyers would be replaced by computers was a bit exaggerated. Take persuasion and negotiation, or formulating legal arguments in court, or assessing the credibitility of a witness for example. I find it hard to believe that . . . [more]

Posted in: Legal Technology