Canada’s online legal magazine.

Archive for January, 2025

The Application of Gladue Principles in Judicial Discipline: Gibbon v Justices of the Peace Review Council

I typically write about lawyer discipline, not judicial discipline. But to my surprise, there seems to have been virtually no attention to the important decision of the Ontario Divisional Court in Gibbon v Justices of the Peace Review Council in the year and a half since it was released.[1]

Gibbon was an Ontario Justice of the Peace who had attempted to influence Highway Traffic Act proceedings against her son, specifically by contacting the assigned prosecutor and by inviting the assigned Justice of the Peace to dinner.[2] While the panel of the Justices of the Peace Review Council was . . . [more]

Posted in: Legal Ethics

Three Thoughts About Legal Services Pricing

The 2025 Edition of the “Report on the State of the US Legal Market,” from the Thomson Reuters Institute and the Center on Ethics and the Legal Profession at Georgetown Law, is a pleasantly comfortable variation on this longstanding publication’s familiar theme of “Large American law firms make astonishing amounts of money but would still benefit from running even slightly like actual businesses.” Receiving a new version of this report and its consistent message every January is a welcome new year’s rite of passage.

One slightly more noteworthy aspect of this year’s edition is a section whose title asks: “Does . . . [more]

Posted in: Practice of Law

A Billion Here, a Billion There, and a Billion for Legal Aid

The most recent legal aid data from the Department of Justice Canada reports that total expenditures on legal aid reached a landmark in 2022-23 surpassing the $1 billion mark, standing at $1.14 billion.[1] This brings to mind the phrase famously attributed to the American Senator Everett Dirksen, although he later denied having said it but decided he would let it stand anyway because it sounded good; a billion here, a billion there and pretty soon you’re talking about real money. The importance of Dirksen’s remark is that it humourously captures the awesome scale of amounts of money in . . . [more]

Posted in: Justice Issues

Use Define: In Google

If you’re looking for the definition of a word on Google, you can use the define: tag. For example, if you are looking for the definition of “affidavit”, you’d use the syntax define:affidavit which will bring up a brief definition along with its pronunciation. If you click on the “see more” arrow, google will bring up a brief etymology of the word as well as usage over time.

Susannah Tredwell . . . [more]

Posted in: Legal Information

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. Librarian of Things 2. OsgoodePD Blog 3. Canadian Securities Law 4. Borderlines Podcast 5. The Court

Librarian of Things
Bibliomancy as the new PKM

That post was a toe-dip into into the deep waters collecting at the middle of a Venn diagram of three ideas: 1) that

. . . [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.

PÉNAL (DROIT) : La Cour infirme les verdicts de culpabilité de meurtre au premier degré et de complot pour meurtre rendus à l’endroit de l’accusé; les directives du juge concernant le doute raisonnable et l’évaluation du témoignage de l’accusé étaient erronées, et les questions rhétoriques suggérées au jury allaient au-delà . . . [more]

Posted in: Summaries Sunday

Book Review: The Legal Singularity: How Artificial Intelligence Can Make Law Radically Better

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.

The Legal Singularity: How Artificial Intelligence Can Make Law Radically Better. By Abdi Aidid & Benjamin Alarie. Toronto: University of Toronto Press, 2023. 226 p. Includes bibliographic references, figures, and index. ISBN 9781487529413 (hardcover) $44.95; ISBN 9781487529437 (ePUB) $44.95; ISBN 9781487529420 (PDF) $44.95.

Reviewed by Allison Harrison
Head of Acquisitions . . . [more]

Posted in: Book Reviews, Thursday Thinkpiece

International Day of the Endangered Lawyer 2025: The Persecution of Lawyers in Belarus

The persecution of lawyers in Belarus is the focus of attention during the 15th international Day of the Endangered Lawyer on 24 January 2025. This international day has been observed by lawyers around the world on the 24th of January every year since 2010.

Each year the focus is on a country where lawyers and legal professionals are at particular risk. In 2025 the focus is on Belarus.

This year’s coalition of 31 lawyers’ organizations around the world has documented the dire situation of Belarusian lawyers and legal professionals in a 34-page report released today.

A concerted attack . . . [more]

Posted in: Justice Issues

OsgoodePD’s Micro-Credential Courses Deliver Major Professional Benefits

In a legal industry increasingly defined by change and disruption, micro-credential courses can give lawyers the flexibility they need to adapt and thrive in the profession.

With over 50 certificates offered across more than 25 subject areas that run the gamut of legal practice, Osgoode Professional Development’s micro-credential courses allow attendees to:

  • Expand their practical legal knowledge and skills
  • Make their professional development and career goals a reality
  • Fit their learning around a busy work schedule
  • Grow their professional network with influential peers and acknowledged experts

Laser focused learning

Although they come without a formal university credit, Osgoode’s certificate programs . . . [more]

Posted in: Announcements

Glimpses of Hope for A2J – in BC and Abroad

2024 has been a tough year. I don’t know about you, but I needed to end the year with something good to cling to going into 2025. The Advent season spurred a lot of talk about hope, so I looked for things that provided a glimpse of hope for the future of access to justice in BC and beyond. We are tired and need encouragement to keep working.

The good news is that there is much to be hopeful about in the A2J space! Here are some links (Note 1) that crossed my desk in the last month showing recent . . . [more]

Posted in: Dispute Resolution

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.

PÉNAL (DROIT) : Le juge de première instance a commis une erreur de principe en prononçant, à l’égard d’un homme ayant agressé sexuellement sa partenaire intime, un sursis de peine qui ne reflétait pas adéquatement les objectifs de dénonciation et de dissuasion; la Cour substitue à celui-ci une peine d’emprisonnement . . . [more]

Posted in: Summaries Sunday

A Flurry of Filings: Canada’s AI Litigation Landscape Evolves in a Single Month

One of the earliest projects that was launched at the University of Victoria’s AI Risk and Regulation Lab was a mapping initiative that tracked both how artificial intelligence (AI) is regulated and litigated. To date, litigation tracking has primarily been focused on cases arising from the United States and internationally as until November 2024, there was virtually no domestic litigation to discuss. That changed recently when two lawsuits were filed in the month of November, signaling that Canada is now joining an international surge of AI-related legal disputes. In this column I will briefly review the two recently launched cases . . . [more]

Posted in: Legal Technology