Generally, someone is prima facie liable for defamation when they publish, to a third party who understands them, words concerning the plaintiff that have a tendency to lower the reputation of the plaintiff in society. Then the onus shifts to the defendant to establish one of the defences, such as justification (truth), fair comment (opinion), responsible communication on matters of public interest, etc. From the perspective of defamation liability risk, the Internet and social media are very dangerous places.

Last week, Justice Cronk set out the starting points for writing a noteworthy appellate factum: know your audience, ‘own’ the factum, and present a good overview. This week, she continues with some of the nuts and bolts for putting your factum together (with a little help from Lewis Carroll).

The only game I was ever any good at in my 20s was Trivial Pursuit, and to this day I unconsciously collect trivial information from a wide variety of sources to either make sense of the world or to make use of in articles like this one. Of course, I can never remember where I put my keys, but I know my trivia.

Some months ago, when I was asked to prepare a short article on the art of advocacy, it seemed an easy task. It is a road well tread. How hard could it be? But as I put pen to paper, I was reminded of just how difficult it is to begin a discussion on excellence in written appellate advocacy. So much has already been said. Yet there remains so much to say!

Hello. My name is Sarah. And I’m addicted to my mobile device.

Federal Court of Appeal chief justice Julius Alexander Isaac died on July 16, 2011. Photo: Paul Couvrette Photography Inc.

Members of the legal profession, at all levels of the bench, bar, and academy, proudly self-identify as protégés of the late Federal Court of Appeal chief justice Julius Alexander Isaac, who died July 16, 2011, in Regina. He was made an Officer of the Order of Canada in 2006 for his work as a “respected jurist and an esteemed role model within the African-Canadian community.” Julius was indeed a role model within many communities. Few people have left such lasting positive impact. “He was a deeply impressive man on and off the bench and was much respected by the Supreme Court,” says Justice Ian Binnie.

While most of us now use computers to generate our documents, not everyone uses document management software or has a system in place for organizing the files on their computers. For those who do not, much time (lawyer and staff) is often wasted searching for data and files that are sitting on the very computer or network we are using. The primary purpose of a file management system is to ensure you can quickly find what you are looking for when you need it, whether it be a case on point, a letter, a pleading, or a document painstakingly prepared on another file but required now on a new matter.

Aon Hewitt conducts an annual best employer survey that measures engagement as the determinant of whether a participating firm qualifies as a “best employer.” How, might you ask, is this different from many of the other surveys used to confer best employer status? For the most part, the other surveys measure satisfaction and not engagement.

There are three types of lawyers at a firm: the finders, the minders, and the grinders. The finders bring in the clients, the minders manage them, and the grinders, well, they carry out the time-consuming, sometimes tedious, and often thankless, tasks for the rest of the group.

A new case addressing the issue of the standard of care to be exercised by independent directors of a publicly traded investment fund is sending shock waves through common law jurisdictions. In a strongly worded judgment on Aug. 26 in Weavering Macro Fixed Income Fund Ltd. (in Liquidation) v. Peterson, Justice Jones of the Grand Court of the Cayman Islands, Financial Services Division, concluded that the ostensibly “independent” and unpaid directors of an investment fund were guilty of wilful neglect because they were entirely derelict in meeting their supervisory duties to the corporation.