I was speaking with someone the other day about whether and to what extent there were any ethical implications of lawyers’ use of artificial intelligence.

Those implications could theoretically range from minimum application (in what situations is it effectively malpractice not to use AI) to maximum application (where does a lawyer’s use of AI cross the line by substituting algorithmic outcomes for human judgment). It was all very interesting, and I plan to touch on some of these topics when I join a panel on March 2 in Toronto at the Canadian Bar Association-Federation of Law Societies of Canada Ethics . . . [more]

Service of court documents on a party evading service has always been challenging. Canadian Lawyer Magazine reported a recent case in Ontario where a judge granted effective service by Instagram,

When Toronto lawyer Tara Vasdani could not track down a defendant she was looking to serve, she turned to Instagram…

She first attempted to serve the defendant on Sept. 1, 2017, using a physical address, and her process servers were told the defendant had moved away. She then tried using email, with a read receipt, but her messages were either ignored or never read.

The order Vasdani obtained appears to . . . [more]

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

CONSTITUTIONNEL (DROIT) : L’application de l’article 10 de la Loi favorisant le respect de la neutralité religieuse de l’État et visant notamment à encadrer les demandes d’accommodements pour un motif religieux dans certains organismes, qui prévoit que les services gouvernementaux au Québec doivent être offerts et reçus à visage . . . [more]

Professor Eric Goldman of UC Santa Clara writes about new technology that allows adept editors to put someone’s face on a video of someone else. That can produce comic results, but it can also be a kind of revenge porn, or just nasty porn, if one puts a well-known face on a body doing pornographic things.

Prof. Goldman says it is hard to conceive of a legal remedy guaranteed to be effective for the person whose face is used. He discusses copyright and defamation and finds them limited.

He does not pay much attention to privacy, since U.S. privacy laws . . . [more]

It seems to me that Manitoba’s Court of Queen’s Bench is increasing its reliance on endorsements. These do not appear to be published on CanLII or any other case law database. For instance, in JAP v MJP, 2018 MBQB 1, an endorsement issued by Rivoalen A.C.J. is referenced in para. 4, and in DW v Peguis CFS, 2016 MBQB 32, an unreported endorsement by Dueck J. is referred to in para. 34. Perhaps, at least in summary judgment matters, this is a response to the comments of the Manitoba Court of Appeal in Hyczkewycz v Hupe, 2016 . . . [more]

The forced resignation of Patrick Brown as leader of the Ontario Conservatives raises concerns of fairness and due process – for him and for the women accusing him. Christie Blatchford has castigated the party and other public officials for abandoning the “presumption of innocence”, and has highlighted the wrong of ruining a man’s reputation based on anonymous allegations. Others agree. Conversely, the Prime Minister reportedly said that women who made allegations of misconduct “must be believed” and Ontario Premier Kathleen Wynne has said “I believe victims when they come forward”.

Both those responses strike me as fundamentally deficient. Deficient . . . [more]

Third party litigation funding is growing in Canada and starting to appear in commercial arbitration as well. This raises some interesting questions about an arbitration tribunal’s authority to allow (or refuse to allow) third party funding and, if it is permitted, the degree to which the tribunal should control the funder’s involvement in the arbitration.

To date, in Canada, most court decisions regarding third party funding have involved class actions. This is partly because the cost of large class actions has grown beyond the capacity of plaintiffs’ counsel to self-fund them and partly because the courts have an inherent jurisdiction . . . [more]

Back in 2014, I wrote about cycling being the new golf as a means of business development. It was something I had been thinking about for a number of years and still believe there is merit. With cycling, you may spend a day or two riding with like-minded people during an event and potentially a number of other days on training rides. That is a lot of face time (lycra time?). With a round of golf, you may spend half a day together once a year. Cycling provides plenty of time to get to know someone and their business.

The . . . [more]