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Beyond specialized legal services like QuickLaw and Lexis, family lawyers don't expect to have to search public on-line databases to find case law. Most reported cases can be found within our own provincial court reports.
Although Philip Epstein of Epstein, Cole in Toronto had started exploring the Internet, the electronic world of information hadn't yet had an impact on his practice...until now.
Philip had to bring an uncommon but very urgent application under Ontario's Children's Law Reform Act, under a provision of the Act incorporating the Hague Convention on International Child Abduction.
Canadian case law on this provision is very sparse, but other jurisdictions have judicially considered the Convention.
Enter Ronald Davis, a lawyer, university professor and computer expert who had worked with the firm on several occasions.
After some preliminary investigation, Ronald was directed to a privately-owned publicly-accessible BBS (bulletin board system) based in California, on which a practising attorney maintained a database of cases on the Convention from around the world.
Everything on the subject all in one place.
In no time at all, Ronald had accumulated a series of relevant judgments from the courts of the United States, England and Holland, and Philip walked into his motion with an armload of cases.
The lawyer for the other side was caught somewhat off-guard, and requested an adjournment so he could have more time to do research. He was 'only' a sole practitioner, he claimed, and couldn't be expected to have access to the obviously vast resources of a firm like Epstein, Cole.
The judge was techno-savvy himself, and didn't buy the objection. Accessing an electronic BBS is not rocket science, nor it is a perquisite of some privileged fraternity.
The adjournment was denied.
Margaret Thomas practises tax law as a partner in the prominent Ottawa firm of Perley-Robertson, Panet, Hill & McDougall. Although she had long used computers in her busy practice, she wasn't entirely sold on the value of Internet as part of the 'lawyer's toolkit.'
There just wasn't enough legal information available yet, so it seemed to her like one big toy.
More important things were on Margaret's mind, in any case. Her health was deteriorating rapidly.
An uncomfortable skin condition she had had since childhood had started to take its toll, and she was losing strength in her legs. She had severe gastrointestinal problems, and was chronically fatigued. She exhibted the classic symptoms of Multiple Sclerosis, and the condition was worsening.
For several weeks over the previous few months Margaret had been laid up at home. Since she could barely keep up with her client files, she had to stop attending management committee meetings altogether. Her career was coming to an abrupt halt. She was preparing to embark on a period of long-term disability, and the other members of the firm had been advised that she might not be able to handle her files much longer.
Like many people who are afflicted with an illness, Margaret didn't trust the diagnosis. Ten years earlier another disease had been suspected as the culprit: Systemic Mastocytosis. It affects the central nervous system in much the same way MS does, and imparts the same symptoms.
Margaret asked her dermatologist about the possibility of her having Systemic Mastocytosis, but he wouldn't hear of it. "It's an extremely rare disease," he insisted. "No one in Canada knows much about it. Now you be a good patient and let me be the doctor."
This story may sound familiar to many of us, and until this point is relatively unnoteworthy. But Margaret is a very capable computer user, so now the story gets interesting. Laid up in bed, she had lots of time to think. She thought about trying out her Internet account.
After sifting through the results of many Internet searches, numerous websites, several newsgroups and the odd mailing-list, Margaret arrived at the Systemic Mastocytosis Home Page, based in Australia. It provided the e-mail addresses of a few human sources located in the U.S., who related parallel experiences and the treatment they underwent: a combination of 3 simple drugs, two of which were aspirin and a common over-the-counter antihistamine.
Margaret tried the non-prescription medicine on her own, and in three days was practically symptom-free.
She took the Internet research to her personal physician, who has since prescribed the third drug and is working with her to fine-tune the dosages. She hasn't missed a day's work since.
A gold mine of information lies out there on-line, for the taking. All you need is a computer and a telephone, the skill to use it and the will to take advantage of it.
© 1996 Lewis S. Eisen