The working group on arbitration legislation of the Uniform Law Conference of Canada (ULCC) has circulated a Discussion Paper on proposed changes to the Uniform Arbitration Act (for domestic arbitrations in Canada). The proposals – and the drafting of the Act – have not yet been reviewed or approved by the ULCC. The goal is the present the proposals to the ULCC at its annual meeting this summer.

This is the second phase of a project that started several years ago to update the ULCC’s Uniform International Commercial Arbitration Act and Uniform Arbitration Act, which have been widely implemented by . . . [more]

I will forever be indebted to the young mother, a senior associate at a big firm, who shared with me one of her secret recipes for handling the challenging tension between mom-time and lawyer time: the early escape.

Here’s how it works: One night a week she stays late at the office, until between eight and ten at night, depending on the week. Then, two days later, she leaves the office in the afternoon to pick her kids up early from daycare for some special time with them.

This wonderful “life hack” checks two important boxes for her. She checks . . . [more]

Earlier this month, the new president of the Law Society of England and Wales, Jonathan Smithers, used the occasion of his inaugural speech to emphasize the importance of a diverse and inclusive legal profession, stating:

Equality, diversity and inclusion are absolutely at the forefront of this Society’s work, interwoven in all that we do. Our profession must reflect the country as it is and draw talent from each and every part. Social inclusion and mobility are currently in the spotlight. I am proud of the progress we have made over the last decades but do not in any way shy

On June 22, 2015, I attended the launch of what is described as an “industry cluster,” LegalX. The launch took place at, and was sponsored by, the MaRS Discovery District. Based in Toronto, MaRS “is one of the world’s largest urban innovation hubs… It provides expert advice and market research, and makes connections to talent, customers, and capital.”

The official announcement of the launch states that LegalX is “dedicated to moving the legal sector forward through enterprises — whether startup or established corporates and law firms — LegalX at MaRS will connect the technologists, designers, coders, engineers and lawyers . . . [more]

Our national, decentralized, legal aid system is an important part of the access to justice landscape in Canada. Because of the presence it commands within the justice system overall, legal aid has the potential to play a crucial role in expanding access to justice in Canada. Innovation has long been a defining feature of legal aid, driven by the perennial need to do more with less or, at least, with less than was required. As to what we mean by a “legal” problem, justice and access to justice evolve with innovation and new ways of thinking. Legal aid plans are . . . [more]

Whether you are drafting a message to your boss, a client or prospect there are a number of key elements you should consider in order to get your point across and ensure that the recipient will understand what it is you are trying to convey. Obviously, depending on the message, the amount of time needed to develop will vary, however, the basics will stay the same.

For this post let’s stick with broader messages, where you need to convey an idea. To start with, you need to understand that messages are not necessarily “facts” no matter how they are presented. . . . [more]

As many Slaw readers have probably heard, last April, the Ministry of the Attorney General of Ontario engaged in a Public consultation to explore the possibility of offering an online system for traffic and other infractions. As stated on the Ministry’s website, “Ontario is exploring a new approach that could make the process of disputing certain infractions — like traffic matters — faster, easier and more convenient”.

We would wager that, to most citizens, a “faster, easier and more efficient” system sounds pretty good. However, opponents of the proposed “Online Administrative Monetary Penalty System” (or AMP) . . . [more]

In 1987, those roseate times before social media and Google searches, Dr. James Billington was appointed the United States’ Librarian of Congress. The appointment did not bode well. My voice was part of the outcry over the fact that at a crucial juncture for the role of libraries in the world, a person was taking the helm who was neither a librarian nor an information professional. The New York Times, which I had always viewed as the sage voice of national reason, opined that the job was too big for a librarian. It called for a scholar like Dr. Billington. . . . [more]

The recommendations of the Truth and Reconciliation Commission have presented Canadian society with a set of urgent ‘calls to action.’ Two in particular require a response from the law schools, Recommendations 27 and 28, quoted in full at the end of this blog post – although, as I argue below, our concern should extend between the particular terms of those recommendations.

Law schools are earnestly considering what they ought to do to respond to those calls. At least four schools (Lakehead, Thompson Rivers, Ottawa (Common Law) and my own, UVic) have posted preliminary responses on their websites. Individual scholars (such . . . [more]

Rejoicing over Legal Aid Ontario‘s (LAO’s) recent increased funding from the Government of Ontario, should be tempered by the listed “points of conscience” that follow this next paragraph.

The Government of Ontario’s 2014 budget increased Legal Aid Ontario’s financial eligibility funding of legal services by $95.7 million over the next three years. This commitment was expanded in the April 2015 budget announcement. These recent articles celebrate LAO’s increased funding:

(1) “Expanding access to legal aid for Ontarians, by Nye Thomas, Legal Aid Ontario Blog, June 5, 2015, at: http://blog.legalaid.on.ca/2015/06/05/expanding-access-to-legal-aid-for-ontarians/

(2) “Expanding LAO’s services: the road ahead . . . [more]

Thousands of years ago the Hebrew Bible records a practice of the ancient Israelites. Aaron, spiritual leader and High Priest, would select two goats designating one as a sacrifice for God while the other – designated by a red string tied around its neck – had the distinct misfortune of representing the nation’s sins and was cast off the precipice of a cliff; the original scapegoat.

Centuries later, far from the desert wilderness of the early Jews, Prime Minister Harper (along with a host of pundits, authors, and a sizeable portion of Canadians) has tied a similar crimson knot into . . . [more]

I am using the column this time to explain my anxiety that society risks losing too much as the materialism of ‘value’ replaces the experience of centuries of unquantifiable practice and purpose.

It is my concern that too many libraries are under threat from the bean counters. Libraries have always existed as places for the ‘just in case’ event, providing the go-to location when you want sustenance of the mind in some way – knowledge, leisure, curiosity, information, entertainment.

However the world is in thrall to the ‘just in time’ mentality of financial wunderkinds who do not value those ‘old . . . [more]