Monthly Archives

May 2017

Legal business Legal Practice Management

Managing partners say their lawyers are underperforming

Your boss is not impressed with your work. You underperform. You are not busy enough. You have weak business development skills. And on top of that you are resistant to change.

That is the telling, and damning, portrait laid bare by managing partners and chairs at 798 US law firms with 50 or more lawyers who were polled by American legal management consulting firm Altman Weil.…

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Public law Quebec

Quebec government shelves administrative justice system reform

A comprehensive report that called on the Quebec government to revamp the province’s administrative justice system has been quietly shelved, all but admitted the Quebec Minister of Justice Stéphanie Vallée before a parliamentary commission at the National Assembly.

The report noted that an absence of clear rules in the nomination process of Quebec administrative tribunal adjudicators allows for partisan influence, compromises their independence, potentially raises questions over their impartiality, and casts doubt over the integrity of a system that directly or indirectly affects all Quebecers.…

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Legal business Legal Practice Management Quebec

Montreal law firm Langlois announces program for innovative startups

Montreal law firm Langlois Lawyers LLP has announced the launch of L-inc Project, a legal services program for innovative, growing start-ups.

The new program provides a wide range of legal services required when a business is starting up and during its first years, particularly dealing with incorporation, shareholder and employee agreements, and service agreements and commercial leases.…

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Legal business Legal Practice Management LegalTech

Cultural change is the biggest challenge law firms face in keeping up with technology

An overwhelming majority of law firm leaders believe technology will have the greatest impact on law firms over the next five years but are deeply concerned that cultural changes may prove to be a barrier in keeping up with new technology, according to a new report.

The global legal industry is at a tipping point, and there is an urgent need for law firms to consider the longer term impact of technological change on their strategic and competitive market position, suggests a report by accountancy and business advisory firm BDO LLP. The report, entitled Law Firm Leaders Survey, polled the managing partners and senior partners of 50 international and United Kingdom law firms.…

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Class actions Quebec Quebec Court of Appeal Rulings

Quebec telecom company ordered to pay more than $3 million in punitive damages

A Quebec telecommunications firm, Vidéotron Inc., has been ordered to pay more than $3 million in punitive damages to consumers who were charged extra when the Internet service provider unilaterally modified the terms of their so-called “Extreme High Speed” service, held the Quebec Court of Appeal.

In a decision that examines the scope of contractual obligations, the appeal court held that a unilateral modification clause contained in the contract did not authorize Vidéotron to impose fees that “had not been agreed to in the initial contract or to modify goods and services described” in the contract. The unilateral clause in this case would have meant that consumers waived their rights conferred by sections 12 and 40 of the Quebec Consumer Protection Act (Act) – and that is prohibited by sections 261 and 262 of the Act.…

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Criminal justice Quebec

Quebec Crown requested 134 stays following Jordan ruling

At least 134 accused were released at the request of the Crown from July 2016 to April 24, 2017 following the Jordan ruling, revealed Annick Murphy, the head of the Director of criminal and penal prosecutions (DPCP), during testimony at a parliamentary commission before the Quebec National Assembly.

Of the 134 accused, 75 so-called nolle prosequi – or formal notice of abandonment by the prosecutor of all or part of the action – were entered after defence filed a Jordan motion. The remaining 59 were filed “voluntarily” by the DPCP, said Murphy.…

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Business Class actions Intellectual property Privacy

Monetizing data, without consent

You can still download the application if you want. But if you believe what Kyle Zak has to say about it, it’s not something you would do. Not unless you don’t mind the trade-off between ease-of-use and the reams of information you will allegedly provide to the popular audio maker Bose Corp.

The lawsuit filed by Zak against Bose is the latest to allege companies of surreptitiously tracking consumers, without their consent, to collect data and then to either solicit more business or sell it to third parties.

Early this year Ottawa-based sex toy maker We-Vibe settled a privacy lawsuit for $5 million after a line of its vibrators were found to have secretly collected and transmitted “highly sensitive information” about consumers without their knowledge or consent.…

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On the move Quebec Quebec Superior Court

Ottawa appoints four new Quebec judges

After months of stalling, the federal government has finally appointed four new Quebec Superior Court justices in the district of Montreal.

The appointments, coupled with the recent appointment of 16 Court of Quebec judges by the provincial government, are widely expected to make a small dent in the backlog of cases that have plagued the Quebec criminal justice system, particularly since the landmark Jordan decision by the Supreme Court of Canada issued last summer. The Quebec Director of criminal and penal prosecutions (DPCP) revealed that there are 684 Jordan applications as of March 23, 2017, a figure that has tripled in the space of three months.

The Quebec provincial government has asserted that it needs 14 new Superior Court judges to deal with the bottleneck in the criminal justice system. Before the four appointments, there were six vacancies at the Quebec Superior Court.…

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