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 … Continue reading Helpful Tips for Drafting Affidavits
During the OBA Law Practice Management Section series we discussed Virtual identification of client identity: What tools are you using?. You are required to identify your client when you provide legal advice. Identifying the client means obtaining certain basic information about your client and any third party instructing you. This information includes items like the … Continue reading Virtual Identification, Verification, and Witnessing of Clients During COVID-19
Governments in Canada have yet to officially use phone data to track and trace people who may be infected with COVID-19. However, there has been discussion around using a system in Canada similar to Singapore. In Singapore, the app being used to track and trace people who may have contracted COVID-19 is “TraceTogether”. TraceTogether uses … Continue reading Using Apps for Contact Tracing: Can We Protect Privacy?
In March 2020, courts across Canada have been forced to confront issues arising from social distancing measures. The Supreme Court of Canada is now allowing documents to be filed by email, with original paper copies to be filed subsequently at a later date. Further information can be found here. Similarly, the Ontario Court of Appeal … Continue reading Service and Filing by Email: Courts Are Being Forced to Adapt
This post is from an interview with lawyer Heather Hui-Litwin, co-founder of Self-Rep Navigators. It is posted on Self-Rep Navigators website. 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: What is the current … Continue reading Changes in Court Process due to COVID-19 Social Distancing
“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 … Continue reading The Future of Our Courts: Online Courts
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 … Continue reading When are Contracts of Adhesion Binding?
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 … Continue reading Should Judges Confront Big Companies for Failing to Pay Jurors for Time Off Work?
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. … Continue reading Should Law Society Fees Be Progressive?
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 … Continue reading Eliminating Waste in Your Law Practice