“Expedition, economy and concision are sound practices in administrative adjudication.”

Justice David Stratas, Canadian National Railway Company v. Canada (Transportation Agency), 2025 FCA 184, para. 47

In this recent decision of the Federal Court of Appeal about railway interswitching rates, the court observed that the Canadian Transportation Agency had never “conducted a full and rigorous statutory interpretation analysis, i.e., explicitly examining the elements of text, context and purpose” of those rates. Justice Stratas stated that “[c]utting corners and conclusory statements, without more, are not how the Agency should roll … only explicit and rigorous analysis will do…”

He . . . [more]

After ten hours of flying, an eight-hour layover, a seven-hour timezone change, and one missed flight, I finally made it to my second Legal Design Summit in Helsinki. In 2023, I reluctantly left Helsinki after buzzing with excitement about the like-minded community I had just met and the interesting work being done across the globe to improve access to justice using legal design techniques. The momentum of the event had been fueling my professional interests and writing over the last two years, but it was time for a “re-up”.

After its 2024 hiatus, the Legal Design Summit was back this . . . [more]

In early 2025, I participated in the Society for Experiential Education’s Experiential Education Academy. One of the sessions I attended focused on reflection, one of the eight principles of good practice in experiential learning. While we discussed the benefits of reflection, what struck me most was a comment made during the session: students needing to be taught how to reflect.

That’s right, reflection is not an innate ability. It is a skill we must learn.

That knowledge clarified many of my past experiences in legal education. Student don’t often like to reflect. Of course, they don’t, they don’t understand its . . . [more]

There is a story about a business owner, we will call him Joe, who hired two people to help him unload large barrels of wine.

The wine was very expensive and he specifically instructed the workers to be very careful.

Unfortunately, as happens in life, one of the workers slipped as he was unloading the barrel and it cracked, spilling all the contents on the ground.

Joe was very angry. He told the workers that he will sue them for damages if they don’t pay him for the now unusable wine.

The workers were very poor and they begged Joe . . . [more]

I’m frequently asked to track down cases that lawyers can’t find. Most of the time the problem is an incorrect citation, but sometimes the problem is that the (usually older) case isn’t available in any online databases or print reporters. I’m now running into a new challenge: does the case exist or is it an AI hallucination?

I generally start with the assumption that the problem is an incorrect citation. In this situation, the most common issues are the misspelling of a party name or missing or incorrect numbers. I use multiple resources (e.g. CanLII, Lexis+, Westlaw Canada) and search . . . [more]

Guidance for lawyers on generative AI use consistently urges careful verification of outputs. One popular framing advises treating AI as a “first-year associate”—smart and keen, but inexperienced and needing supervision. In this column, I take the position that, while this framing helpfully encourages caution, it obscures how generative AI can be deceptive in ways that make it fundamentally dissimilar to an inexperienced first-year associate. How is AI deceptive? In short, generative AI can fail in unpredictable ways and sometimes in ways that mimic reliability, making errors harder to detect than those flowing from simple inexperience.

Before elaborating, three important caveats . . . [more]

Described as everything from an ecosystem to a fourth level of government, a condo community can be representative of society on a much larger scale. This is a brief examination of what happens when an individual facing an issue takes matters into their own hands…

There is this memorable story from the early 2000s about a condo President, so eager to ensure that enjoyment of the community’s playground was limited to only the building’s residents that he took it upon himself to approach children playing on the equipment to ask them where they lived… until the police showed up!

Hero

The successful lawyers I speak with know that exceptional legal skills are table stakes. Beyond the law, their differentiator is their ability to build relationships, attract ideal clients, and generate consistent referrals. This is where strategic business development planning becomes your competitive advantage.

Without a plan, lawyers may find themselves randomly chasing opportunities which leads to inconsistent results. A good business development plan helps you stop chasing and help transform or eliminate those reactive ideas so you can spend your precious time pursuing opportunities that will lead to business.

After working with hundreds of professionals across solo practices and large . . . [more]

Editor’s Note: I learned of Gary Rodrigues’ passing this morning. As one of our longstanding Slaw writers, Gary will be remembered for his incredible knowledge and stories behind Canadian legal publishing. Our ‘Legal Publishing’ group here at Slaw have always been well connected to each other. As such, I asked Robert McKay if he might be willing to compose some thoughts. Thankfully he agreed and crafted the kind tribute below. RIP Gary. :( .. Steve M.

Slaw readers and many others, among them lawyers, law librarians, legal information publishers and legal academics, in many parts of the world, will mourn . . . [more]

It transpired, on the cusp of partnership, that one of the lawyer’s junior associates arranged a meeting with a CEO of a tech startup and presented an irresistible synergy.* The startup was a match for a client, a deep-pocketed conglomerate on the lookout for an investment. A buy-out of the startup would rocket the client’s value on the market and establish the lawyer as the go-to man for equity financing, credit facilities, a corporate governance overhaul, an IPO, and produce corresponding billings. Such a catch would net him first partnership, then power dwarfing the law firm itself and finally propel . . . [more]

If mediation is meant to provide a genuine opportunity to resolve disputes, why do so many mediation briefs read like pleadings and offer little value to the process? This article examines the pitfalls of current practice and offers practical guidance on how to make briefs work as genuine tools of persuasion for counsel.

Mediation briefs are meant to advance settlement. Yet too often, they do the opposite. Instead of opening space for dialogue, they entrench positions. Instead of persuading the other party, they restate pleadings which can inflame an already tense situation.

Why do so many briefs fall short? In . . . [more]

Recently, I was tasked with a particularly complicated legal research question which involved one of my favorite topics: capital cities. The information and analysis we needed was only available to us once we managed to see the pieces through the thread of this place’s capital city. The crucial need to know the capital city of this place was not apparent to us at the beginning of the legal research journey. We had clearly ignored an important step in every foreign or national legal research. But what’s in a capital city? And how can it help you in your legal research . . . [more]