Canada’s online legal magazine.

Canadian Lawyers and Generative AI: Some Suggested Starting Points for the Overwhelmed

How will generative AI impact the legal profession? This was the big question in late 2022 when ChatGPT was first released. How would this seemingly magical word machine collide or coexist with a profession that is, if not “essentially word merchants” (to use phrasing in a New York Times article), certainly deeply engaged with language?

Much has changed over the last two and a half years. To give just one illustrative example: fueled by hundreds of millions in investment, there are now over 500 legal tech tools that incorporate generative AI. The interest, money and work being poured into . . . [more]

Posted in: Legal Ethics

Book Review: Constitutionalising Social Media

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Constitutionalising Social Media. Edited by Edoardo Celeste, Amélie Heldt & Clara Iglesias Keller. New York: Bloomsbury, 2022. 352 p. Includes bibliographic references and index. ISBN 9781509953707 (hardcover) $175.50; ISBN 9781509953745 (softcover) $86.50; ISBN 9781509953714 (ePUB) $77.85; ISBN 9781509953721 (PDF) $77.85.

Reviewed by Kyla McCallum
Student Librarian
University of British Columbia . . . [more]

Posted in: Book Reviews, Thursday Thinkpiece

Dead Acts and Fat Cats – ‘The Persistent Decline of Social Welfare Law’

As the April federal election approaches, an issue that has receded from the public consciousness is the significant loss of social legislation upon the prorogation of Parliament that preceded the Liberal Leadership Convention. Such pauses are commonplace, but in this instance, it drew widespread criticism across strata of society due to the threat of unprovoked economic warfare from the Trump administration and the number of government bills that died on the order paper.

The Public Service Alliance of Canada, for example, criticized the government for failing to pass the pension fairness measures and tax breaks promised in the 2024 . . . [more]

Posted in: Justice Issues, Substantive Law: Legislation

Unsubscribe Requirement Hits Hudson’s Bay Company

In file 9110-2023-0067 the CRTC reports on enforcement action taken against the Hudson’s Bay Company for allegedly violating Section 6(2)(c) and Sections 11(1) and 11(3) of CASL Canada’s Anti Spam Law.

Since CASL came into force in 2014 a large portion of enforcement action has been taken on the need to include in commercial electronic messages (CEMs) an unsubscribe mechanism that could be readily performed.

The investigation led to an allegation that the Hudson’s Bay Company sent CEMs between January 1, 2022, and November 30, 2023, without including an unsubscribe mechanism that could be readily performed.

The Hudson’s Bay Company . . . [more]

Posted in: Intellectual Property

Are We There Yet? Navigating the Blurred Lines Between ADR and ODR

As artificial intelligence and digital tools transform nearly every professional field, dispute resolution is no exception. But are these technologies merely enhancing traditional ADR—or are they fundamentally reshaping it?

The widespread adoption of video conferencing, AI-assisted case management, and online negotiation platforms has rapidly moved dispute resolution online. What was once the exception is now the norm. As a result, the boundary between Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR) has become increasingly blurred. But does this distinction still matter? I believe it does—because how we define and design these processes directly affects fairness, access, and the role . . . [more]

Posted in: Dispute Resolution

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. NSRLP 2. Robeside Assistance 3. Know How 4. Vincent Gautrais 5. Blogue du CRL

NSRLP
The Inevitability of AI in Court: What Does It Mean for Self-Represented Litigants?

A recent CBC article from British Columbia indicated that a self-represented party used Microsoft Copilot to assist with legal

. . . [more]
Posted in: Monday’s Mix

Summaries Sunday: SOQUIJ

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.

ÉDUCATION : Des dispositions de la Loi modifiant principalement la Loi sur l’instruction publique relativement à l’organisation et à la gouvernance scolaires sont inopérantes à l’égard des commissions scolaires anglophones du Québec.

Intitulé : Procureur général du Québec c. Quebec English School Boards Association, 2025 QCCA 383
Juridiction : Cour . . . [more]

Posted in: Summaries Sunday

Summaries Sunday: Supreme One-Liners

As a supplement to our Sunday Summary each month, Supreme Advocacy LLP in Ottawa presents Supreme One-Liners, a super-short descriptive guide to the most recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers its more comprehensive weekly electronic newsletter, Supreme Advocacy Letter, summarizing all Appeals, Oral Judgments and Leaves to Appeal granted.

Appeal Judgments

Bankruptcy & Insolvency: Student Loans
Piekut v. Canada (National Revenue), 2023 BCCA 1812025 SCC 13 (40782)

Single date approach re student loans in bankruptcy context. . . . [more]

Posted in: Summaries Sunday

By 2035 Society Will Abandon Walking: Encouraging Multi-Modal Legal Research

By 2035, society had largely abandoned walking as a means of transportation. Urban planners, motivated by efficiency and data-driven optimisation, redesigned cities around autonomous electric vehicles. Pedestrian streets were repurposed into rapid transit corridors. Walking was confined to indoor spaces, explicitly private residences and commercial complexes. Walking was only executed to partake in menial, non-essential tasks such as a grabbing a cup of coffee from a Brew-fficiency 5000 system (with algorithmic precision in every sip!). To walk outside was seen as impractical, even obstructive, a habit of the past that no longer fit within the streamlined flow of modern urban . . . [more]

Posted in: Legal Information

Time for an NDA Redesign: Airbus’s Approach to Startup Partnerships

Listening to Season 29 of Wondery’s Business Wars, it’s clear that AIRBUS is outpacing its competition. Several factors contribute to AIRBUS’s dominance, but one stands out: its corporate culture of innovation[1] extending even to its legal and procurement teams. As of at least 2015, AIRBUS has a “contract innovators team” that seeks to improve contract digitization and procurement.[2]

A few years ago, this multinational aerospace corporation took an innovative approach to its non-disclosure agreements (NDA) (I can imagine the eye rolls and sighs but trust me—this NDA is different. Keep reading).

The Role of NDAs in Business

. . . [more]
Posted in: Practice of Law

The Inevitability of AI in Court: What Does It Mean for Self-Represented Litigants?

A recent CBC article from British Columbia indicated that a self-represented party used Microsoft Copilot to assist with legal research: the artificial intelligence (AI) program generated 10 cases, nine of which were hallucinated. The hallucinated cases were ‘caught’ during a proceeding at the Civil Resolution Tribunal, but this incident and the possibility of others like it raises challenging questions for access to justice. It can be assumed that public-facing AI will continue to gain ground as a means of providing legal information and assistance, and as that happens, there will be more examples of hallucinated cases making their way into . . . [more]

Posted in: Justice Issues

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Employment & Human Rights Law in Canada 2. Michael Geist 3. OsgoodePD Blog 4. Appointed podcast 5. Litige municipal au Québec

Employment & Human Rights Law in Canada
AI in Recruitment — Here’s What Companies Can Learn

Many companies are now using AI tools to sort through

. . . [more]
Posted in: Monday’s Mix