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Archive for ‘Columns’

Choosing the Right Mediator: Why Competence, Not Convenience, Should Guide Selection

Mediation has become a cornerstone of Canada’s civil justice system. Whether driven by mandatory programs or chosen voluntarily, it offers parties an efficient, relationship-focused path to resolution. And with the Ontario Civil Rules Review poised to expand its role, mediation’s prominence is only set to grow.

I am still surprised when I am retained as a mediator by counsel who I have never worked with in the past nor even spoken to. While I am happy to have the opportunity, it concerns me and raises a crucial question: how are mediators being selected? Are lawyers choosing mediators based on their . . . [more]

Posted in: Dispute Resolution

Could Artificial Intelligence in Decision-Writing Improve Access to Justice?

While many in the justice sector are confused and ambivalent about artificial intelligence, the Canadian Human Rights Tribunal has taken a clear stand. CHRT “tribunal members,” as announced in a Practice Direction last fall, ”do not use AI to write decisions or analyze evidence.”

To understand why the CHRT (and some other Canadian tribunals and courts) have explicitly banned AI in adjudication, read the work of Prof. Amy Salyzyn. The “corrosive risks” she identifies include hallucinated cases, biased language, and subtle (and not-so-subtle) legal errors. Then there’s the issue of litigants’ confidential data being provided to AI companies through queries . . . [more]

Posted in: Legal Ethics

Bill 14 and Bill 15: Does BC’s Drive to Expedite Projects Put People and Planet at Risk?

This week, the BC government rammed through two controversial bills aimed at fast-tracking project approvals: Bill 14, Renewable Energy Projects (Streamlined Permitting) Act, and Bill 15, Infrastructure Projects Act. They appear to be intended as a response to US tariffs, economic uncertainty and affordability concerns: Adrian Dix, Minister of Energy and Climate Solutions, cited “this period of global market uncertainty” in a statement accompanying Bill 14, while Premier David Eby referred to this “time of uncertainty caused by Donald Trump’s tariffs” in the public announcement of Bill 15.

But instead of providing greater certainty and improving . . . [more]

Posted in: Justice Issues

AI-Adjacent Modernisation: Keeping Tabs on Legal Information

Over the past year, a number of websites containing databases of valuable legal information have been redesigned. Among them are websites and services that are foundational to legal research in Canada, including the Supreme Court of Canada (SCC), the Nova Scotia Courts, CanLII, HeinOnline, Lexis+, and more. While redesigns are not uncommon, the timing and consistency of these recent updates hint at something else, something shaped by trends in the broader digital environment. The rapid growth of generative AI has seemingly pushed legal research websites and services to modernise. Even without adopting AI, there’s growing pressure to look current and . . . [more]

Posted in: Legal Information

Using Technology to Support Client, Industry, and Competitive Knowledge

Legal Marketing and Business Development executives understand the importance of staying on top of clients, industry trends, and competition. While leveraging the right software can be incredibly valuable, it feels like every week, a sales rep promises that their platform will deliver game-changing insights, and we are missing out by not signing up immediately.

With a glut of tools available to us, how do you choose which ones are right for your firm? Decision fatigue is a reality, so cutting out the noise is crucial when assessing your firm’s needs.

Types of Tools

General Information Tools: Google Alerts is . . . [more]

Posted in: Legal Marketing

From O-M-G to “Ooh” – a Lawyer’s Guide to Visual Hierarchy

Once espoused by a US Supreme Court Justice in the historical Jacobellis case, the iconic “I know it when I see it” principle doesn’t only apply to censorship. I would argue that we can apply it to well-constructed legal documentation as well.

Have you ever looked at a document, any document, and felt overwhelmed by the amount of information coming at you? For example, think about the last time you emptied your mailbox of fliers. Did you look at one of those fliers and think, “Argh! There are so many random pictures of produce, numbers and words and I don’t . . . [more]

Posted in: Practice of Law

A Global Legal Research Lifeline: The Evolution and Impact of the Foreign Law Guide (FLG)

When navigating the complex world of foreign and comparative legal research, one resource has remained indispensable for decades: Foreign Law Guide (FLG). From its humble beginnings to its current role as a sophisticated research tool, FLG continues to be the go-to source for legal professionals seeking current foreign primary law and authoritative secondary sources. Recently, I had the pleasure to conduct an interview with Marci Hoffman, current General Editor of FLG to talk about the legacy and future plans of such a trailblazing legal platform.

A Legacy of Legal Accessibility

FLG was first developed in 1989 by law librarians Thomas . . . [more]

Posted in: Legal Information

Beyond the Ramp: Why Canada Needs Court Accessibility Coordinators

Across Canada, the promise of accessible justice too often ends at the courthouse door. While our legal frameworks—from the Charter to provincial human rights codes—declare that people with disabilities deserve equal treatment in court, the reality on the ground tells another story. Inconsistent practices, unclear processes, and invisible barriers routinely frustrate the ability of litigants with disabilities—especially those who are self-represented—to participate fully in legal proceedings.

In my research on disability and access to justice, one conclusion became unavoidable: without dedicated institutional roles to oversee and facilitate accessibility in courts, equity will remain aspirational. It’s time for Canada to appoint . . . [more]

Posted in: Justice Issues

The Attorney General and the Duty to Encourage Respect for the Administration of Justice

After I wrote this column but before it went to press, my colleague Brandon Trask of UManitoba posted a similar column to the RobsonCrim blog. To the extent that I repeat some points he’s made, that repetition is valuable and worthwhile. I encourage readers to check it out.

What should and must a lawyer do when their client, or the representative of their client, attacks judges and large unidentified swaths of the entire bench? What if the lawyer is standing next to them when they do so? What if the lawyer is the Attorney General and the speaker is the . . . [more]

Posted in: Justice Issues, Legal Ethics

Band of Brigands: The Role of Religious Nationalism in North American Threats to the Rule of Law

Authoritarian attacks on foundational principles of the rule of law have escalated in the United States since President Trump’s inauguration. This column expands on my previous column and looks at the role of Christian religious nationalists who have joined politicians and billionaires in the Trump administration’s mission to dominate every branch of the US government and civil society, and to invert the rule of law in North America and globally.

Religious nationalism in a global context

Historical records are strewn with tragic results of entanglements among religious, economic, and imperial powers. Those whose lands, resources, and cultures have been overtaken . . . [more]

Posted in: Justice Issues

Patent Infringement and Limitation Periods

Claims for infringement of a patent have an unusual place when it comes to limitation periods. A recent decision of the Alberta Court of Appeal has provided some clarity to this issue but there is still uncertainty as to limitation periods for infringement claims.

Most provinces have legislation that impose a limitation period on claims. For example, in Ontario, the Limitations Act provides that, “a proceeding shall not be commenced in respect of a claim after the second anniversary of the day on which the claim was discovered.” Similarly, in Alberta, “if a claimant does not seek a remedial . . . [more]

Posted in: Intellectual Property

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