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- The Future Files
- Class Acts
The individual issues sections of the Class Proceedings Act, 1992, give the trial judge broad discretion to fashion proceedings for the resolution of individual issues. In particular, a court is authorized to dispense with any procedure it considers unnecessary, and to direct special procedures where necessary.
- Trial by Fire
As a junior lawyer, and relatively new to this self-regulating profession, I am a touch sensitive to any communications from the Law Society of Upper Canada. So, when I recently got an e-mail from the law society reminding me I hadn’t entered into the portal any of my continuing professional development time this year, I had a mini-panic.
- Definitely Mabey
Before exploring the difference between cliff diving and cliff jumping, I was reminded this week of a quote from the 1994 book Flight of the Buffalo: Soaring to Excellence, Learning to let Employees Lead that has not lost any meaning in today’s legal profession and has in fact become even more true. The quote runs along the lines of “change is hard because people overestimate the value of what they have — and underestimate the value of what they may gain by giving that up.”
- The IT Girl
I’ve been a technology and start-up lawyer for some years (I’m older than I look), and now I’m corporate counsel to a web hosting company. When I started out in IT, there were some concepts that, frankly, blew my mind a bit. I felt stupid asking my clients or my technical team about them — but I asked anyway. And, fellow lawyers, to save you the pain and embarrassment of having to ask those same stupid questions of your clients or IT team, I want to use this column to share some of what I’ve learned. Today’s topic: virtualization.
- David Paul’s Field Notes
Many lawyers choose an iPhone to manage contact information, research law, edit and read documents, run conflict checks, manage their calendars, and stay connected with the office. There are hundreds of apps for the iPhone developed exclusively with lawyers in mind. As the American Bar Association’s 2012 Tech Survey indicates, the iPhone has become a primary tool for the legal profession: Of the 89 per cent of American lawyers who use a smartphone for law related tasks, 49 per cent of them use an iPhone. In comparison, 31 per cent use a BlackBerry and 16 per cent use an Android.
Nothing tests a lawyer’s worth like the duel over the last word. To gain an upper hand, we curb our attention to what the other party or lawyer is saying. This enthusiasm is both strength and weakness. Get in the final word, and you direct the narrative in your client’s favour. Strike too soon, and your client’s position becomes unshielded to a more devastating rebuttal.
- Human Rights . . . Here & There
I had not intended my summer reading to be work related, but Reading Lolita in Tehran: A Memoir in Books, by Azar Nafisi, has left me thinking about women’s rights in Iran, the importance of freedom of expression, cynicism towards political leaders, and a real questioning about how little we understand Islam and the particular histories of countries in the Middle East.
- Trials & Tribulations
In 2004, Ontario enacted its new Limitations Act, 2002, which was intended to streamline and simplify the law governing the shelf life of causes of action in the province. In general terms, it imposed a universal two-year limitation period to commence a proceeding, subject to some limited carve-outs for the limitation periods expressly stipulated in specified statutes, and subject to the discoverability principle, which was incorporated in s. 5 of the act. If not expressly preserved by the new act, all limitation periods in other statutes were of no force or effect pursuant to s. 19.