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Archive for August, 2025

Summaries Sunday: Supreme Advocacy

One Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all Appeals, Oral Judgments and Leaves to Appeal granted from June 27 – August 27, 2025 inclusive.

Appeals

Civil Litigation/Private International Law: Jurisdiction
Sinclair v. Venezia Turismo, 2023 ONCA 1422025 SCC 27 (40696)

In cases where parties seek to establish jurisdiction simpliciter in a Canadian forum over a foreign dispute, it is critical that . . . [more]

Posted in: Summaries Sunday

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, qui a déclaré l’accusé coupable de fraude à l’endroit de fidèles d’une communauté religieuse dont celui-ci était le pasteur, n’a pas erré dans l’analyse de l’actus reus et de la mens rea de l’infraction; l’accusé a dissimulé des faits importants aux . . . [more]

Posted in: Summaries Sunday

A Time for Change and Correction

Welcome to my 100th and final column for Slaw. It all started innocently enough at the outset of 2008 when the late Simon Fodden, innovative founder of this venue, invited me to contribute a column on scholarly publishing issues. I first wrote of how the Canadian Institutes of Health Research (CIHR) was now requiring those it funded to make the resulting research freely available, if after a 12-month delay (to appease publisher pushback). I called it at the time a “tipping point” in the growing efforts to secure public or open access to all research worldwide.

Now, some seventeen . . . [more]

Posted in: Legal Publishing

Generative AI and Self-Represented Litigants in Canada: What We Know and Where to Go

The 2022 release of ChatGPT led to many breathless headlines about how generative AI would be an A2J boon. The mood is now more muted: while AI has driven some change in the legal context over the last three years, much has stayed the same. Given the time that has passed, some reckoning with where we are at seems appropriate. In this column, I focus on one piece of the A2J and AI puzzle: generative AI and self-represented litigants (SRLs) in Canadian courts and tribunals.

How has generative AI impacted the experiences of SRLs in Canada?

To answer this question, . . . [more]

Posted in: Legal Ethics

The Sheriff of Notconsideringyouham: Draft Better Policies by Starting With the User

Sheriff of Nottingham: “Locksley! I’m gonna cut your heart out with a spoon.”

Robin Hood: “Then it begins.”

Later, Sheriff of Nottingham’s cousin, Guy of Gisbourne, asks a good follow-up question: “Why a spoon, cousin? Why not an axe? Or…”

Sheriff of Nottingham: “Because it’s DULL, you twit. It’ll hurt more.”

(Robin Hood: Prince of Thieves (1991))

There are a few surprising issues worth discussing: 1. Robin Hood: Prince of Thieves is nearly 35-years old; 2. Robin Hood: Prince of Thieves only has an IMDB rating of 6.9/10 (I wholeheartedly disagree); 3. The Sheriff of Nottingham, though a character derived . . . [more]

Posted in: Practice of Law

Digital Justice: Rural Communities and the Access to Internet Problem

A key barrier to accessing justice in rural and remote communities is the lack of high-quality, reliable Internet. According to Statistics Canada, households in rural areas are nearly twice as likely to lack home Internet access and are almost ten times more likely to cite poor Internet quality as the reason for not having it.[1] Over the last few years, much of the legal world has shifted from the physical to digital space. Those unable to access information or services online are increasingly at a disadvantage. This means that there are potentially millions of Canadians who cannot access justice . . . [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. Stewart Sharma Harsanyi Immigration Law Firm Blog 2. In All Fairness 3. Official Clio Blog 4. Civil Resolution Tribunal blog 5. Family LLB

Stewart Sharma Harsanyi Immigration Law Firm Blog
Refugee Refusals: Cherry Picking Evidence

As refugee lawyers we’ve seen this before: a Refugee Protection Division decision

. . . [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.

CONSTITUTIONNEL (DROIT) : Il y aurait peut-être eu matière à mener un débat constitutionnel en bonne et due forme sur l’applicabilité de l’article 10 de la Charte de langue française en matière criminelle dans le dossier dont le juge était saisi, mais amorcer, conduire et résoudre ce débat, unilatéralement et . . . [more]

Posted in: Summaries Sunday

Bridging the Gap: How to Ensure Client Understanding in Legal Communications

The most brilliant legal strategy means nothing if your client doesn’t understand it. Yet as lawyers lean toward complexity and precision, clients need something different. Lawyers sometimes forget that effective communication isn’t just about being right – it’s about being understood.

When clients do not understand the advice they are receiving, the consequences can be far reaching. Misunderstandings can lead to poor decision-making, unrealistic expectations, and ultimately, dissatisfied clients.

Consider a client who doesn’t understand why a particular settlement offer should be rejected and pushes for acceptance or one who doesn’t grasp the timeline of litigation and becomes frustrated with . . . [more]

Posted in: Legal Marketing

Bug-Free Society

I dream of a society free from bugs. Nothing ruins a fire on a summer night more than a swarm of mosquitoes and blackflies, pricking me, injecting poison, freeing my blood from its rightful domain. Who welcomes the skin-critters prompting you to slap yourself on the face for a modicum of peace? Not me, and I venture, not you, my dear reader! What sins did I commit to warrant the devil’s plague? Put me instead in a white glass box, protected from the bugs, air conditioned, quiet, an entirely civilized and human invention. Surround me with the plush pleasures of . . . [more]

Posted in: Practice of Law

2025 CALL/ACBD in Calgary: Moving Mountains Together

In May 2025, I had the pleasure of attending the Annual Conference of the Canadian Association of Law Libraries (CALL/ACBD) in the city of Calgary. This marked my fourth time participating in this dynamic professional gathering, and as always, I left inspired, energized, and deeply connected to a community that continues to shape the future of legal information in Canada. This year’s theme, Moving Mountains Together, felt especially timely. It reflected not only the geographic grandeur of the province of Alberta but also the metaphorical mountains that law librarians and legal research professionals face—Artificial Intelligence, Access to Justice, inclusive . . . [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. The Court 2. Canadian Privacy Law Blog 3. The Defence Toolkit 4. Durant Barristers Blog 5. SOQUIJ | Le Blogue

The Court
The Right to Know: SCC Strikes Down Election Spending Limits for Third Parties in Working Families

In Ontario (Attorney General) v. Working Families Coalition (Canada)

. . . [more]
Posted in: Monday’s Mix

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This project has been made possible in part by the Government of Canada | Ce projet a été rendu possible en partie grâce au gouvernement du Canada