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Monday, 28 April 2014 08:00

Is the docket dead for class counsel?

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b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_kirkbaertnew2013.jpgA 13-paragraph decision of Justice Edward Belobaba in Cannon v. Funds for Canada Foundation may kill the docket for class counsel in Ontario.
Monday, 21 April 2014 10:10

Saving your files: cloud or network?

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The cloud allows the latest version of my legal work to be synced, saved, and secured but not every cloud provider can be trusted with confidential information.
Monday, 21 April 2014 08:00

Licensing blues

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b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_Lisa-Lifshitz.jpgPity the poor licence agreement. Sometimes it doesn’t get much respect from clients.
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_Stephen-Mabey-2013.jpgAt last count there were over 25 issues/reasons identified by the legal press (blogs, newspapers, magazines, etc.) that led to the unfortunate demise of Heenan Blaikie. To be clear, the misfortune I speak of is not the disappearance of the law firm itself, but of those who were affected as a result through no fault of their own but rather because of the seeming ineptness of others.
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_margaret-waddell.jpgThe Ontario Court of Appeal’s 2012 trilogy of overtime class action decisions Fresco v. CIBC, Fulawka v. Bank of Nova Scotia, and McCracken v. v. Canadian National Railway Co. confirmed the viability a relatively new form of class action previously unexplored and highly uncertain in Ontario.
Monday, 14 April 2014 08:00

Why e-mail will not be important in the future

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b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_benhanuka1.jpgE-mail will gradually diminish as a primary online communication tool in the coming decade.
Monday, 14 April 2014 08:00

Analysis paralysis is lethal for your career

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b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_Simone_Hughes-1.jpgIt is true that even a mediocre plan, well executed, can have more impact than a brilliant plan poorly implemented.
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2014_March_Screen-shot-2014-03-31-at-1.jpgIn the January 2014 edition of Canadian Lawyer, Dera J. Nevin devoted her Tech Support column to a discussion of Sedona Canada, entitled “Filling a gap: What is the Sedona Conference Working Group 7, and why does it matter?” Ms. Nevin, who is a member of the Sedona Conference Working Group Series, describes the mission of Working Group 7 (known as Sedona Canada) and its open membership policy. She also identifies Sedona Canada’s landmark achievements in the area of electronic discovery and disclosure in civil litigation, including the publication of The Sedona Canada Principles in 2008 and their subsequent adoption by reference into the Ontario Rules of Civil Procedure, as well as the publication for public comment of several commentaries on related topics.
Monday, 31 March 2014 08:00

Video: Making Rain - Supersize your efforts

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b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2014_March_MakingRain49small.jpgIn this month’s episode, executive coach Debra Forman encourages you to supersize all of your business development and practice management efforts by taking your current efforts to new levels.
Monday, 24 March 2014 09:15

Wal-Mart coming to Canada. Sorry, no.

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b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_kirkbaertnew2013.jpgIn Wal-Mart Stores Inc. v. Dukes, the Supreme Court of the United States held that in order for class certification to be granted, judges must undertake a “rigorous analysis.” Of course, judicial analysis should be rigorous so we know the court must have meant something else. It turns out it did.
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