Month: February 2016

New Books in the Library 2016-3

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By Sarah Roussel-Lewis

artofthecorporateThe art of the corporate deal 2nd
Barry D. Lipson

The Art of the Corporate Deal offers real-world advice to lawyers involved in the deal-making process. Each chapter of this practical, easy-to-use text tackles a specific aspect of the process, providing clear and concise guidance every step of the way. While there may be many references that touch on the various aspects of corporate deals, no other work consolidates all this subject matter into a single work.

 

canadiancopyrightCanadian copyright/industrial designs benchbook
Donald M. Cameron

The Canadian Copyright/Industrial Designs Benchbook is based on the series of electronic textbooks for the Canadian judiciary that were created jointly by the Law Society of Upper Canada’s Specialty Committee in Intellectual Property Law and the National Judicial Institute. Electronic Benchbooks were a 21st century initiative that made textbooks on Canadian law in electronic form available online to all judges across Canada. A logical evolution of the IP Benchbooks was to have them published so that they could be made available to the Canadian bar. Some of the most senior and well regarded IP lawyers in Canada have authored or co-authored chapters and have brought to bear their tremendous experience and analytical skills to produce a meaningful interpretation of this sometimes complex and confusing area of law. An essential text for new members of the intellectual property law bar and those seeking to refocus their skills of the fundamental legal and business realities of patent law practice.

 

dismissalsintheunionizedCanadian labour reporter special report: dismissals in the unionized workplace 3rd
Matthew L.O. Certosimo and Michelle S. Henry

Canadian Labour Reporter Special Report: Dismissals in the Unionized Workplace, Third Edition addresses the thorny problem of how to manage employee terminations in a unionized environment. Readers will learn what arbitrators will demand as proof of just cause for termination, what amounts to suitable discipline and in what circumstances arbitrators will overturn termination decisions or vary disciplinary sanctions. This book includes practical advice on conducting a workplace investigation and preparing for a hearing, what mistakes can be fatal to your case and when to recognize that a dismissal cannot be defended at arbitration – along with three extremely valuable and practical checklists on conducting investigations, employee discipline and preparing for arbitration hearings.

 

canadian tax researchCanadian tax research: a practical guide 5th
Ted Cook 

Canadian Tax Research: A Practical Guide provides a practical framework for researching and answering tax questions and provides an extensive compilation of the information sources available for use in researching those questions. It is a valuable resource for students and new tax practitioners who need some guidance in conducting tax research problems.

There are so many sources to conduct effective tax research that beginning to solve a tax problem is a daunting task. This book will help a person confronted with a tax question to develop a game plan for conducting the tax research needed to answer that question, to know what resources are available and how to use them.

 

cybercrimeCybercrime in Canadian criminal law 2nd
Sara M. Smyth

Cybercrime in Canadian Criminal Law, 2nd Edition is a treatise on computer crime for the Canadian marketplace. It provides concrete answers to the difficult question of how to successfully deal with computer crime in Canada. It sets out the existing regulatory framework and considers alternatives in depth. It also provides a complex, multi-tiered proposal for effective law enforcement, while considering the question of constitutional and other constraints on regulation, including cost. It also draws analogies to existing law enforcement powers in other areas, such as terrorism and money laundering, as well as related technologies, including telephone networks. Finally, it discusses how similar measures have been implemented in other jurisdictions throughout the world.

 

Source: carswell.com

 

Lawyers Weekly

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lawyersweeklyBy Melanie Hodges Neufeld

The February 26th edition of Lawyers Weekly digital edition is now available via the Members’ Section of the Law Society website. Articles in this issue include:

  • On a desolate, barren continent, lawyer finds rich life experience
  • Condo industry’s brave new world
  • The mitigating effect of bad jail time
  • Business & Careers: Finding efficiencies to put firm ahead
  • Hockey injury award sends sombre message

New Journal Issues – February 2016 #2

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by Ken Fox

Canadian Tax Journal
Volume 63, Number 4 (2015)

  • Tax-Free Savings Accounts: Expanding, Restricting, or Refining? / Jonathan Rhys Kesselman
  • The US Tax Classification of Canadian Mutual Fund Trusts / Max Reed & Stephen Albers Chalhoub
  • Policy Forum: Editors’ Introduction—Targeted Tax Credits / Tim Edgar & Kevin Milligan
  • Policy Forum: The Public Transit Tax Credit—Ridership and Distributional Impact / Vincent Chandler
  • Policy Forum: Kids Are Not Boats / Ken Boessenkool
  • Finances of the Nation: The Corporate Income Tax in Canada—Past, Present, and Future Current Cases: (SCC) Guindon v. Canada; (TCC) Kruger Incorporated v. The Queen;(BCSC) Inwest Investments Ltd. v. Canada (National Revenue)
  • International Tax Planning: Integration Across Borders
  • Personal Tax Planning: Identifying the De Facto Director
  • Planification fiscale personnelle : Identifier l’administrateur de fait
  • Selected US Tax Developments: IRS Limits Deferral Opportunities Through Controlled Partnerships

U.B.C. Law Review
Volume 49, Number 1 (January 2016)

  • Towards Reconciliation: A Proposal for a New Theory of Crown Sovereignty / Michael Adams
  • The Relaxation of Representative Standing in Administrative Law: A Side-Effect of Charter Rights? / Janina Boughey
  • “I Am Not a Caped Crusader”: Clinical Legal Education and Professional Identity Formation / Sarah Buhler
  • Recasting Our “Wild” Neighbours: Contesting Legal Otherness in Urban Human-Animal Conflicts / Maneesha Deckha & Erin Pritchard
  • Unappealing: An Assessment of the Limits on Appeal Rights in Canada’s New Refugee Determination System / Angus Grant & Sean Rehaag
  • A Matter of Integrity: Rule of Law, the Remuneration Reference, and Access to Justice / Christian Morey

 

 

Case Mail

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casemailBy Kelly Laycock

The February 15 issue of Case Mail (Volume 18, No. 4) is available on the Law Society website. It contains case digests from recent decisions from all levels of Saskatchewan court and links to the fulltext decisions on CanLII. Some of the highlights from this issue include a number of Family Law decisions (Loco Parentis, interim variations, support of adult children, to name a few), and also a wide variety of other topics, such as recent bankruptcies, civil procedure claims, criminal law issues and statute interpretation. Take a minute to check out what’s new! Our next issue will be available on March 1.

 

Ebooks at Your Fingertips

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cpdlogoBy Alan Kilpatrick

Wed, Mar 2, 2016 12:00 PM – 1:00 PM CST

It’s no secret that technology is rapidly changing how legal information is accessed. The Law Society Library is at the leading edge of these changes and is dedicated to providing legal resources in convenient digital formats. We are thrilled to announce that Saskatchewan members now have desktop access to almost 200 ebooks and online loose-leafs. These ebooks are available on your computer desktop, laptop, or mobile device. All members, regardless of location or firm, have the same great access!

Join Ken Fox and Alan Kilpatrick, Reference Librarians at the Law Society of Saskatchewan Library, for this must-see webinar and learn how to use three great e-book collections:

• Irwin Law’s e-Library
• Emond Publishing’s Working With the Law series and Casebook Collection
• WestlawNext’s CriminalSource, FamilySource, and LabourSource

Don’t get left behind in the e-book revolution!  Ebooks at Your Fingertips is accredited for one (1.0) CPD hours.

Register for Ebooks at Your Fingertips (CPD-142) here.

Going Through the Motions – Promoting access to justice in a courthouse setting

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By Kim Newsham
Senior Crown Counsel, Ministry of Justice, Innovations and Strategic Initiatives Branch

FamLawClinicsMost of you are aware of the various Access to Justice reports released in recent years. It is commonly acknowledged that our current justice system does not meet the needs of all members of the public, and that we need to rethink how we serve the public. Part of the answer lies in better coordination and integration of our efforts. The CBA’s 2013 report, Reaching Equal Justice: An Invitation to Envision and Act, advocated that “Provincial and territorial governments establish collaborative structures to bring together stakeholders and establish networks between local equal justice communities and task-based collaborative initiatives.”

Over the past year, Ministry of Justice staff from three branches, Pro Bono lawyers, Law Society Library staff, court staff, Legal Aid lawyers, CLASSIC lawyers, PLEA and others have been collaborating and jointly offering legal information sessions about family law to the public.

The Law Society Library graciously allowed us to use space in their library for us to hold these sessions. We initially tried to focus on assisting people in working on court forms using the new PLEA family law website, and required people to pre-register for the session. We noticed that half of the people attending had not received any legal information or advice or information about other options for resolving family law issues. Several of these people did not proceed with court applications. Since then, we have experimented with a few formats, following discussions about how best to meet the needs of family law clientele. Since December, we have been holding “Walk-in Wednesdays” in Regina at the Law Society Library in the Courthouse. We have set up a bit of a family law information centre in the basement library, with various family law pamphlets, posters and self-help kits. People attending Walk-in Wednesdays have a chance to meet individually with a legal volunteer and get information about family law, court procedures, and options for settling disputes out of court. Whenever it appears that someone may qualify for Legal Aid or Pro Bono services, we refer them so that they have access to legal advice.

The Walk-in Wednesday has been popular – we typically have six to eight people attending each week. Everyone who attends these sessions has been very grateful for the information they have received.

We have been collaborating with partners in Saskatoon to hold some sessions. We have held two evening sessions at the downtown branch of the Saskatoon Public library, with their support. Those sessions have been well attended, both by the public and by those interested in helping. Pro Bono lawyers, PLEA staff, Ministry of Justice staff, and law students have all come out to assist people. As well as sessions at Saskatoon Public library locations, we have had one session at the Law Society Library in Saskatoon, and hope this will continue once the library is fully operational.

Assisting the public has been rewarding, and even fun, with so many engaged partners. We welcome anyone who would like to come to a session and observe or even help.

We continue to look at ways we can meet the needs of people coming to these sessions, who are mostly self-represented. Many of these people would like to have legal advice but cannot afford full-service legal representation. I will end this post by leaving you with a query: would it be worthwhile compiling a list of lawyers who would be prepared to offer unbundled legal services, which could be given to people attending these sessions? If so, would you add your name to the list?

For more information, contact:

Kim Newsham
Senior Crown Counsel
Ministry of Justice, Innovations and Strategic Initiatives Branch
kim.newsham@gov.sk.ca

Suneil Sarai
Crown Counsel
Family Law Information Centre, Ministry of Justice
suneil.sarai@gov.sk.ca

Upcoming Family Law Sessions:

KimNewshamPic
Kim Newsham has been a lawyer with Saskatchewan’s Ministry of Justice since 2002.  She works primarily in the area of family law policy development, including analyzing and monitoring The Children’s Law Act, and program development relating to custody and access services. She participates in FPT groups and multi-sector groups, which are looking at ways to promote access to justice.