Archive for the ‘blawgs’ Category

The Trial Warrior Blog, But Not Yours Truly, Gets Cited By An Ontario Court

January 23, 2014

[15]           The plaintiffs rely on a document entitled The Trial Warrior Blog dated November 11, 2013 that discusses Kaynes v. BP2013 ONSC 5802 (CanLII), 2013 ONSC 5802 (“Kaynes”). The plaintiffs rely on the fact that the defendant Penn West’s shares are traded over the Toronto Stock Exchange in support of their allegation that Penn West carries on business in Ontario.  In Kaynes, an Ontario Court assumed jurisdiction over a foreign issuer in a securities class action.  TheKaynes decision can be readily distinguished from the claims in this action because the plaintiff in Kaynes sought leave to bring a statutory action for secondary market representation under Part XXIII.I of the Securities Act, R.S.O., 1990, c. S.5, as a result of alleged misrepresentations in the defendant’s prospectus. The Court considered the analysis in Van Breda and held that the alleged “statutory tort” was a new connecting factor created by section 138.3 of the Securities ActThere are no such claims nor is there any allegation of a breach of an Ontario statute in this case.

Manson v. Canetic Resources Ltd., 2014 ONSC 261 (CanLII), per Beaudoin J.

Well, it’s more than a document, it’s a blog post: Antonin I. Pribetic, “Ontario Court Assumes Jurisdiction Over Foreign Issuer in Securities Class Action”, The Trial Warrior Blog: http://thetrialwarrior.com/2013/10/24/ontario-court-assumes-jurisdiction-over-foreign-issuer-in-securities-class-action/ , October 24, 2013) .

Still, I’m pleased that self-represented plaintiffs took the time to cite The Trial Warrior Blog, even without author or link attribution.

Carry on.

No Flawgers Allowed

January 2, 2014

To start the New Year off right, I received an email request for a guest post from Attorney Andy Woodbridge who apparently has a passion for construction and real estate and wants to ghost-write a post that befits the theme of The Trial Warrior Blog:

Andy writes,

From: Andy WoodbridgeSent: Wednesday, January 1, 2014 1:36 PM

To: pribetic@gmail.com

Subject: Guest Post Proposal

Hello,

My name is Andy Woodbridge and I am an attorney, who for years has worked closely with a number of reputable companies in the construction and real estate business.

In my free time I indulge in another passion of mine, which is, penning down articles and my views about things I know best.
I have ghost written a number of articles and have been published in reputed journals. Through my writing, it gives me a great deal of satisfaction to guide those, who need help in matters concerning construction and real estate.

I am keen to feature a guest post on you blog as it would do wonders for my portfolio as a writer. I realized it was time I stopped ghost-writing for others and built an online reputation for myself.
Here are a few ideas that I feel you will like:

1) Tips on Evicting Someone from You House Without Getting into a Legal
Tangle
2) Building Codes Explained in Detail
3) How to Get Compensated for Construction Delay
4) 10 Reasons Why You Need a Real Estate Attorney When Buying a Home
5) Things to Keep in Mind During Commercial Lease Negotiations.
6) Is it Possible for Foreigners to Buy Real Estate in the United
States?
7) Measures to Take if Your Property is Damaged in a Tornado or Other
Natural Disaster
8) Repercussions of Failing to Disclose Environmental Defects in
Property Sales
9) How to Resolve Disputes Over Boundary Lines
10) Tips on Fighting an Eviction
11) How to Better Understand and Avoid Constructions Liens
12) Common Mistakes Made During Foreclosures

I would be glad to write on any of the above topics and am open to any ideas or suggestions that you might have. Lastly, I am willing to part with $20 for you efforts in publishing my article, as I think it would
be a sound investment.

I hope your reply is in the positive, so your readers get the opportunity to benefit from what I have to say.

Regards

Andy

I usually delete these unsolicited spam guest blog post requests, but perhaps it was the good tidings of comfort and joy and sheer boredom that compelled me to respond to Andy in the spirit of the holiday season. Although nothing close to how Ken White at Popehat deals with these types of requests: see: Ponies 101: Introduction To Ponies , I responded as follows:

Dear Andy:

Salutations and Felicitations!

I acknowledge with many thanks receipt of your email inquiring about a guest post proposal for The Trial Warrior Blog.

I am genuinely pleased that you find The Trial Warrior Blog such a seamless fit for your twin passions of real estate and construction.

I share your passions: I not only enjoy reading ghost written articles about real estate, I actually live in a dwelling that can be characterized as real estate, in fee simple, as it were. I also have picked up a hammer in my lifetime and have constructed formidable forts and doghouses in the folly of my youth. Alas, when one only has a hammer, everything begins to look like a nail.

Before we explore the prospects of a guest post or posts, I require samples of your ghost-written articles and links to your published articles in reputable journals. You will readily appreciate that unsolicited proposals for guest posts on The Trial Warrior Blog are a dime a dozen; in fact, if I had a dime for each time someone randomly asked to write a guest post on The Trial Warrior Blog, I would have a lot of dimes, tenfold.

Also, while I cannot appropriate the content of other great legal writers and blawgers, such as Ken White at Popehat, I must insist on at least three (3) pony related posts. By this, I mean, of course, content relating to the splendor of the prepubescent equine variety. Law is a complex area fraught with risk of unauthorized practice, incorrect, misleading, and oftentimes, inane posts masquerading as legal analysis. The interposition of ponies has the tendency to make turgid legal analysis run like the wind.

Also, I am confident that you are familiar with my online reputation as I am big on Twitter. It’s kind of a big thing. You may know me for such tweets as “I AM CALLED EDITH!” and “Happy New Year, you bunch of f*****g losers!”

In keeping with my prediction that 2014 will be The Year of Living Dangerously”, I will happily accept your offer to pay me $20 per post, on condition that you amend the titles and content to your posts as follows:

1) Tips on Evicting Someone from You House Without Getting into a Legal Tangle: Poltergeist Edition
2) Building Codes Explained in Detail- In Esperanto
3) How to Get Compensated for Construction Delay – By Hiding in a Shed
4) 10 Reasons Why You Need a Real Estate Attorney When Buying a Home – Put That Coffee Down, Coffee’s For Closers!
5) Things to Keep in Mind During Commercial Lease Negotiations- Remember to Use Post-Hypnotic Suggestions
6) Is it Possible for Foreigners to Buy Real Estate in the United States? – Yes, unless they’re Canadians or Roma
7) Measures to Take if Your Property is Damaged in a Tornado or Other Natural Disaster – Extreme Hail Damage and Ponynado Exclusions and Riders

8) Repercussions of Failing to Disclose Environmental Defects in Property Sales – The Goggles! They Do Nothing!
9) How to Resolve Disputes Over Boundary Lines – Get Off My Land, McCreary!
10) Tips on Fighting an Eviction – Barricading and Building a Crocodile-Infested Moat, For Starters
11) How to Better Understand and Avoid Constructions Liens – I AM CALLED EDITH! YOUR CONSTRUCTION LIEN IS INVALID! GOVERN YOURSELF ACCORDINGLY!

12) Common Mistakes Made During Foreclosures- Including: Forgetting the Keys; Checking the Address on The Internet; Yelling “I Have The Power (of Sale)! Like He-Man, etc.

I look forward to your despatch at your earliest and most collegial convenience.

Yours sincerely,

Antonin I. Pribetic

The Trial Warrior Blog

 NO FLAWGERS ALLOWED *

* If you don’t know what a “Flawger” or “Flawging” means, see: Flawging A Dead Horse .

Ed, We Hardly Knew Ye

October 30, 2013

It is with a heavy heart that I heard the sad news of the passing of Ed at Blawg Review from his son on Twitter:

Ed Blawg Review Announcement

Many lawyers and blawgers knew Ed through his highly influential and entertaining Blog Carnival: Blawg Review:

Ed was one of the first to graciously invite me to host on Blawg Review. It was a daunting task, but a labour of love. It was through Ed that I was able to meet so many of the blawgers in the Blawgosphere when I started this blawg back on August 10th, 2009. I also followed Ed on Twitter: @blawgreviewBlawgReviewEd-751947-784057

Ed was a complex man of many talents. Many have met Ed in person, but few, if any, knew his real identity. I never did. All I knew about Ed was through our email exchanges, when Ed would randomly send an email linking to an idea for a post, or he would send a DM (Direct Message) on Twitter with a wry reply to a tweet.  Ed enjoyed travelling the world and meeting new people. He often posted whimsical self-portraits; photos of himself in exotic locales, obscuring his face to keep up the intrigue of “Ed Post”.

Ed was a very private person. So private, that when I met him for the first time in early 2010 in Toronto at my former office in North York, I had no idea what he looked like. It was snowing and bitterly cold. Typical winter weather for Toronto. Ed was waiting at the lobby wearing a hooded parka. He approached me and simply said: “Hi, Antonin. I’m Ed.” We had an enjoyable lunch across the street at an Italian restaurant. As circumspect as he was, Ed could tell a great story. In fact, all that I could pry out of him was that he was a fellow Canadian, had practiced corporate law, but was since retired. He enjoyed his anonymity, but solely to promote the Blawgosphere and each of the blawgers who contributed to his Blawg Review.

Ed could be a tough critic and would not shy away from controversy, but always with a wry sense of humour and never with any animosity. Although I often chided him to reveal his identity, he never chose to do so and I never asked him who he really was. The mystery was not for its own sake, but, and I firmly believe this, Ed enjoyed helping others. Ed was a Renaissance Man. He enjoyed the Classics.

images

If I had to characterize Ed, it would be “Fifth Business” from the famous novel by Canadian, Robertson Davies:

“Who are you? Where do you fit into poetry and myth? Do you know who I think you are, Ramsay? I think you are Fifth Business. “You don’t know what that is? Well, in opera in a permanent company of the kind we keep up in Europe you must have a prima donna — always a soprano, always the heroine, often a fool; and a tenor who always plays the lover to her; and then you must have a contralto, who is a rival to the soprano, or a sorceress or something; and a basso, who is the villain or the rival or whatever threatens the tenor.

“So far, so good. But you cannot make a plot work without another man, and he is usually a baritone, and he is called in the profession Fifth Business, because he is the odd man out, the person who has no opposite of the other sex. And you must have Fifth Business because he is the one who knows the secret of the hero’s birth, or comes to the assistance of the heroine when she thinks all is lost, or keeps the hermitess in her cell, or may even be the cause of somebody’s death if that is part of the plot. The prima donna and the tenor, the contralto and the basso, get all the best music and do all the spectacular things, but you cannot manage the plot without Fifth Business! It is not spectacular, but it is a good line of work, I can tell you, and those who play it sometimes have a career that outlasts the golden voices. Are you Fifth Business? You had better find out.”

Ed tried to revive Blawg Review, but it was clear that the Blawgosphere had changed; some say for the worse.  Ed was a teacher. He taught me the value of writing for writing’s sake. He thought that blawging benefited the blawger as much as the reader. Writing about what others have written was like a journey of discovery. As Robertson Davies also wrote in “Fifth Business:

I liked the company of most of my colleagues, who were about equally divided among good men who were good teachers, awful men who were awful teachers, and the grotesques and misfits who drift into teaching and are so often the most educative influences a boy meets in school. If a boy can’t have a good teacher, give him a psychological cripple or an exotic failure to cope with; don’t just give him a bad, dull teacher.

Ed was good company and a good teacher, in equal measure.

DSC00528

It was a pleasant surprise to hear from Ed this summer, as we had lost contact over the last couple of years. The internet is a funny thing. Things that are vitally important one day, are easily forgotten in the ephemera and ether of our daily lives.

Ed told me he was in Toronto and invited me for a coffee. We met and, frankly, I didn’t recognize him. Not for the reason that Ed was nondescript. He wasn’t. It was that he had lost a tremendous amount of weight. We went across the street from my new office to Tim Horton’s. Ed regaled me with stories about his recent travels to Puerto Rico, where he stayed in a tent and lived a spartan existence, met many new friends and fellow world travelers.  Half way into the conversation, Ed finally confided in me that he was recently diagnosed with inoperable esophageal cancer and that the prognosis was not good. I was crestfallen, but tried not to show it. Ed was philosophical, as always.

He was genuinely proud of his accomplishments, the greatest in his own words, “My family, my children and my friends.”

BVws3tbCIAAkk8fEd asked me to keep the sad news about his health confidential. As I respected his anonymity, I respected his wishes. I gave Ed my copy of Brian Cuban’s new book, Shattered Image, for which he was genuinely grateful.

I just wish that I could tell his family that I considered Ed a mentor and a friend.

Ed, we hardly knew ye.

You will not be forgotten.

Rest in peace, my friend.

Mark Donald, “This means war? Baglow v. Smith and online defamation in the blogosphere”

April 17, 2013

Mark Donald  (Student At Law -Thornton Grout Finnigan LLP) has published “This means war? Baglow v. Smith and online defamation in the blogosphere”.

The article comments on the fascinating Baglow v. Smith case and its implications for defamation law in relation to political blogs and online media. It appears to be the only legal paper in existence that references Bob Marley, Thomas Hobbes, Kim Jong-un and the movie “The Untouchables”.

The link to the paper is here.

A link to an introductory summary piece intended for non-lawyers can be found here.

CONTENT! CONTENT! CONTENT!

April 8, 2013

Content-is-King.jpg

CONTENT!

Here are some random tweets from the Law Marketing Association 2013 conference using the #LMA13 hashtag:

@SatikZekian: Use relevant keywords in image filenames, separated by dashes not underscores.

@BradNeese: Put together a content editorial calendar.

@Heather_Morse: Search Yahoo Answers for content ideas. Cross check Google to see if anyone is blogging on that.

@BradNeese: Search results: Blue link is title tag; Meta description is description in link.

All thought-leading ideas to optimize your SEO social media law marketing strategy and an effective way to monetize your brand in order to generate leads, drive traffic and improve your Google ranking for your website or blog.

Oh, did I forget to mention CONTENT!?!

CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT. CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT CONTENT 

Any questions? Are you content or malcontent with the contents?

Not to worry, new clients should be calling you on your iPhone to retain you in 3-2-1….


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