Small ideas on legal practice, research and technology

Archive for ‘Research & Writing’

Why Can’t I Login to the Database?

A quick checklist for when a user tells you that they cannot access a particular database:

  1. User account hasn’t been set up
  2. Using the wrong username
  3. Using the wrong password
  4. Trying to log into the US version, not the Canadian
  5. Trying to log into the legacy version, not the new one (or vice versa)
  6. Someone else is already logged in using that username and password
  7. Access is through IP authentication and the user is trying to log in from a location that the database doesn’t recognize (like the user’s home)
  8. No longer have a subscription to the database
  9. Still subscribe
Posted in: Research & Writing

Miscellaneous Little Things That Annoy Me, Part 2

I keep a running list of these, jotting them down as I see or hear them. (You’re on notice.)

The both of you/us

Adele may sing in ‘Hello’ about ‘thuh B-O-O-O-O-TH of UH-UH-ss’, but don’t you be doing it.

It is both of you and both of us, with no definite article – not even when it’s from the UH-ther SI-YIDE.

British case

There is no such thing in law. You mean an English case (or perhaps a Scottish one).

(Great) Britain, which came into being when James VI of Scotland inherited the English throne on the death of …

Posted in: Research & Writing

CanLII Tips Summer Roundup

Over the summer, the Legal Sourcery blog is publishing its most popular research tips.  On that note, here are Legal Sourcery’s most popular CanLII tips:

If you have any questions, ask a Law Society Librarian! We are pleased to provide high-quality legal research services to Saskatchewan members in person, on the telephone, …

Posted in: Research & Writing, Technology

Finding Unconsolidated Legislation

One challenge with legislative research is when you need to find an older act that, although still in force, has not been included in the last statute revision. The most obvious examples of this are private acts, but there are other pieces of legislation that fall into this category.

If you are looking for an older federal act and cannot find it in the 1985 revision you should check the Table of Private Acts and the Table of Public Statutes and Responsible Ministers. The Table of Public Statutes includes “a certain number of public Acts, passed before January 1, …

Posted in: Research & Writing

U and Non-U

I refer here, not to Nancy Mitford’s use of these terms in Noblesse Oblige (a very funny if dated guide to the sociolinguistics of the English class system, circa 1955*).

I mean the troublesome letter U that divides US spelling from UK. As ever, Canada (British North America?) falls somewhere betwixt.

The basic pattern

Let’s start with honour/honor as typical.

The word comes from Latin, which spells it honor without a U. The word came to English via the Normans (1066 and all that), which meant that when it became acclimatised in England it retained the U of …

Posted in: Research & Writing

–Ee, –Or

Not the donkey from Winnie the Pooh, but a pair of word endings.

First, –ee.
As in trustee, lessee, mortgagee, bailee, drawee, payee, attendee, mentee and the like.

This ending is common in law, often indicating the indirect object of some action. For example, the person to whom property is entrusted (trustee) or leased (lessee), the person to whom a mortgage is given (mortgagee).

It can also be the direct object of an action: for example, the person you employ (employee) or train …

Posted in: Research & Writing

What Are Marginal Notes?

Marginal notes (also known as head notes) are “the short notations appearing above or beside each section […] of an Act or Regulation” (Sullivan on the Construction of Statutes, 6th ed., §14.59). These notes are intended to help readers identify pertinent provisions in the legislation. The name comes from the fact that they originally appeared in the margins of legislation next to the relevant provisions.

Despite appearing in an act or regulation, marginal notes are not actually part of that legislation. Sullivan is rather disapproving of this:

“Although technically marginal notes are not considered part of legislation, in …

Posted in: Research & Writing

Navigating Social Media

For those who need a brief refresher on social media (or an introduction), here is a succinct guide to the various platforms:

A photo posted by Doug Ray (@douglaswray) on


(I would spell that ‘doughnut’, though – and ‘donut eating’ should be hyphenated.)

In terms of how to post information, you might bear the following points in mind.

Choose your distribution channel appropriately
The best social media for business and professional purposes are LinkedIn and Twitter.

Use Instagram and Facebook for pics of vacations, amazing restaurant meals, your kids, the dog.

Manage your presence

Posted in: Research & Writing

Bardal Factors Employment Law Tool

Researching employment law?  You will be excited to learn about a new employment law resource, bardalfactors.ca.  Designed to be used by lawyers and self-represented litigants, this tool enables you to quickly and easily identify reasonable notice periods for termination and dismissal.

Specifically, the tool allows you to locate cases that have applied the Bardal factors.  What are these factors exactly?  The factors come from the 1960 decision Bardal v. Globe & Mail Ltd. (1960), 24 DLR (2d) 140.  They include age, length of employment, character of employment, and availability of similar employment.  According to the website, the factors:…

Posted in: Research & Writing