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Archive for January, 2026

“Papaya Rules” at Your Law Firm

Firms that have multiple lawyers in the same practice who can land marquee clients are in an enviable position. However, if not managed correctly this advantage can quickly turn into a nightmare for the firm.

The McLaren Formula 1 team has this problem. They have two incredible drivers who could each be world champion but only one can stand on the top step. To maximize the team’s success without hindering either of their drivers, they have developed the “Papaya Rules.” The rules are basically race hard but clean, with a team‑first mentality and no contact between teammates.

With a few . . . [more]

Posted in: Legal Marketing

We Belong Here: Black Lawyers in Canadian Court Spaces

On January 23, 2026, a disturbing incident unfolded in the Oshawa courthouse that forced the Canadian legal profession to confront a truth many Black lawyers have long known but too often endured in silence. Sudine Riley, a Black woman and criminal defence lawyer, had just completed a trial and was working in a private interview room when uniformed Durham Regional Police officers challenged her presence in the courthouse. What followed, according to her lawyer, was a violent assault: her head was slammed onto a desk, knees pressed into her back and neck, her headscarf ripped off, and she was handcuffed, . . . [more]

Posted in: Justice Issues, Practice of Law

Franchisors and the Duty of Good Faith

In Ontario, under section 3(1) of the Arthur Wishart Act, every franchise agreement imposes on each party a duty of fair dealing in the performance and enforcement of the agreement. The duty of fair dealing includes a duty to act in good faith and in accordance with reasonable commercial standards. Under section 3(2) of the Arthur Wishart Act, a party to a franchise agreement has a right of action for damages against another party if they breach the duty of fair dealing.

In First of Five Inc. v. Recipe Unlimited Corp et al, 2025 ONSC 93, at . . . [more]

Posted in: Case Comment

Attacks Against the International Criminal Court: Who Cares About Victims of Atrocity Crimes?

When the distinguished Canadian jurist, Kimberly Prost, began her term as a judge of the International Criminal Court (ICC) in 2017, she could not have imagined what happened on 20 August 2025. That day, the United States imposed sanctions on her, putting her on a list alongside those implicated in terrorism and organized crime.

Judge Prost is one of eight ICC judges sanctioned by the US during 2025, along with the ICC prosecutor and two deputy prosecutors. They are all being penalised – without any due process – for performing their professional duties as mandated by the Rome . . . [more]

Posted in: Justice Issues

Strategic Voices: Canadian Legal Marketing Leaders Chart the Path Ahead

A new year brings fresh perspective, and Canada’s legal marketing network is full of brilliant professionals who see past current obstacles and consistently move their firms forward. What we’ve always known is that the potential is enormous – law firms could accelerate their strategic evolution by embracing the perspective their marketing and business development teams have already developed.

What follows are insights from six of Canada’s sharpest legal marketing minds, covering strategic evolution, smart budget allocation, digital relationship building, IP-specific challenges, client intelligence, and the trust imperative in an AI-driven world.

I’m in my 20th year in this business, building . . . [more]

Posted in: Legal Marketing

Tips Tuesday: Finding Court Information

While I’ve written about this issue efore, I would be remiss if I didn’t point out the excellent summary that the Globe and Mail has put together of How to access Canadian court records by jurisdiction. The list includes all provincial and territorial jurisdictions, links where appropriate and contact information for those jurisdictions that don’t make their court records easily available online. 

Susannah Tredwell . . . [more]

Posted in: Legal Information

RECLAIM: A Cultural Operating System for Law Firms

Law firms are often described as professional services businesses, knowledge businesses, or relationship businesses. All of that is true. But at their core, law firms are 100% people businesses.

Every outcome partners care about be that the client experience, quality of work, risk management, profitability, reputation, succession, these all flow through people. The results you will achieve in any of these domains depend on how motivated, focused, engaged, and well those people are. There is no separating firm performance from human performance.

And yet, many partners find themselves spending far less time than they would like on activities that are . . . [more]

Posted in: Practice of Law

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

Criminal Law: Character Evidence
R. v. Hussein, 2023 ONCA 253, 2026 SCC 2 (41015)

Clarification of Corbett framework re XE’g accused on criminal record.

Oral Judgment

Criminal Law: Historic Sexual Assault
R. v. B.B., 2025 ONCA 318, 2026 SCC 1 . . . [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) : Dans une affaire de proxénétisme, le juge de première instance a erré en affirmant qu’il importe peu que la police, qui a obtenu des fiches d’inscription d’un motel pour des chambres louées au nom de l’accusé, ait ou non induit en erreur la propriétaire du motel; par . . . [more]

Posted in: Summaries Sunday

Beyond Regulatory Silos: Announcing the Canadian Centre for Responsible AI Governance

Over the past two years, much of my writing in this space has focused on the accelerating risks associated with artificial intelligence and the uneven state of AI regulation in Canada. I have written about stalled federal legislation, the growing role of privacy regulators, the increased risks of AI use for regulated professionals, and the early signs of AI related litigation beginning to surface in Canadian courts. Taken together, these developments point to a growing tension. Artificial intelligence is being deployed at speed, while the institutions tasked with managing risk remain fragmented, reactive, and unevenly equipped.

This column steps back . . . [more]

Posted in: Legal Technology

From Anecdote to Evidence: Why Students’ Experiences With Generative AI Matter

Generative AI is nearly impossible to avoid as a law student. Over the past few years, it has been embedded into many of the products commonly used for legal work (See e.g., proprietary research platforms, Google, Microsoft products, etc). Whether welcomed or resisted, generative AI is now part of the legal information environment.

There are many questions remaining about how to prepare students for the use of generative AI during their legal education for their future practice. While technological competence ≠ generative AI, we know that use of generative AI systems is a technical skill . . . [more]

Posted in: Legal Information, Legal Technology

Book Review: Jones & Murphy on Cultural Humility in Libraries

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.

Cultural Humility in Libraries: A Call to Action and Strategies for Success. Edited by Shannon D. Jones & Beverly Murphy. Lanham, Md: Rowman & Littlefield, 2024. xv, 179 p. Includes bibliographic references, figures, and index. Medical Library Association Books Series. ISBN 9781538162149 (hardcover) $138.95; ISBN 9781538162156 (softcover) $56.95.

Reviewed by . . . [more]

Posted in: Book Reviews, Legal Information

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