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Archive for ‘Columns’

Dead Acts and Fat Cats – ‘The Persistent Decline of Social Welfare Law’

As the April federal election approaches, an issue that has receded from the public consciousness is the significant loss of social legislation upon the prorogation of Parliament that preceded the Liberal Leadership Convention. Such pauses are commonplace, but in this instance, it drew widespread criticism across strata of society due to the threat of unprovoked economic warfare from the Trump administration and the number of government bills that died on the order paper.

The Public Service Alliance of Canada, for example, criticized the government for failing to pass the pension fairness measures and tax breaks promised in the 2024 . . . [more]

Posted in: Justice Issues, Substantive Law: Legislation

Unsubscribe Requirement Hits Hudson’s Bay Company

In file 9110-2023-0067 the CRTC reports on enforcement action taken against the Hudson’s Bay Company for allegedly violating Section 6(2)(c) and Sections 11(1) and 11(3) of CASL Canada’s Anti Spam Law.

Since CASL came into force in 2014 a large portion of enforcement action has been taken on the need to include in commercial electronic messages (CEMs) an unsubscribe mechanism that could be readily performed.

The investigation led to an allegation that the Hudson’s Bay Company sent CEMs between January 1, 2022, and November 30, 2023, without including an unsubscribe mechanism that could be readily performed.

The Hudson’s Bay Company . . . [more]

Posted in: Intellectual Property

Are We There Yet? Navigating the Blurred Lines Between ADR and ODR

As artificial intelligence and digital tools transform nearly every professional field, dispute resolution is no exception. But are these technologies merely enhancing traditional ADR—or are they fundamentally reshaping it?

The widespread adoption of video conferencing, AI-assisted case management, and online negotiation platforms has rapidly moved dispute resolution online. What was once the exception is now the norm. As a result, the boundary between Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR) has become increasingly blurred. But does this distinction still matter? I believe it does—because how we define and design these processes directly affects fairness, access, and the role . . . [more]

Posted in: Dispute Resolution

By 2035 Society Will Abandon Walking: Encouraging Multi-Modal Legal Research

By 2035, society had largely abandoned walking as a means of transportation. Urban planners, motivated by efficiency and data-driven optimisation, redesigned cities around autonomous electric vehicles. Pedestrian streets were repurposed into rapid transit corridors. Walking was confined to indoor spaces, explicitly private residences and commercial complexes. Walking was only executed to partake in menial, non-essential tasks such as a grabbing a cup of coffee from a Brew-fficiency 5000 system (with algorithmic precision in every sip!). To walk outside was seen as impractical, even obstructive, a habit of the past that no longer fit within the streamlined flow of modern urban . . . [more]

Posted in: Legal Information

Time for an NDA Redesign: Airbus’s Approach to Startup Partnerships

Listening to Season 29 of Wondery’s Business Wars, it’s clear that AIRBUS is outpacing its competition. Several factors contribute to AIRBUS’s dominance, but one stands out: its corporate culture of innovation[1] extending even to its legal and procurement teams. As of at least 2015, AIRBUS has a “contract innovators team” that seeks to improve contract digitization and procurement.[2]

A few years ago, this multinational aerospace corporation took an innovative approach to its non-disclosure agreements (NDA) (I can imagine the eye rolls and sighs but trust me—this NDA is different. Keep reading).

The Role of NDAs in Business

. . . [more]
Posted in: Practice of Law

The Inevitability of AI in Court: What Does It Mean for Self-Represented Litigants?

A recent CBC article from British Columbia indicated that a self-represented party used Microsoft Copilot to assist with legal research: the artificial intelligence (AI) program generated 10 cases, nine of which were hallucinated. The hallucinated cases were ‘caught’ during a proceeding at the Civil Resolution Tribunal, but this incident and the possibility of others like it raises challenging questions for access to justice. It can be assumed that public-facing AI will continue to gain ground as a means of providing legal information and assistance, and as that happens, there will be more examples of hallucinated cases making their way into . . . [more]

Posted in: Justice Issues

Putting Your Money Where Your Mouth Is: Examining Financial Incentives in Dental Services

A few weeks ago, I went to the dentist for the first time in years—thanks to finally having work benefits. I expected a routine cleaning, some X-rays, and maybe a reminder to floss more. Instead, the appointment took an unexpected turn when the dentist launched into a sales pitch for Invisalign.

At 29, with relatively straight teeth, I’d never been told I needed any kind of teeth straightening. Yet, almost immediately, I was shown an AI-generated “after” image that looked nearly identical to my current teeth. The dentist admitted the difference was minimal but claimed it might help protect my . . . [more]

Posted in: Justice Issues, Practice of Law

Business Development in Law Firms: An Insider’s Guide

Recently I was asked to speak to a group of individuals about how to get involved in business development in the legal space. It is not a career that necessarily has a straight path like other professions and many of the best doing it, fell into the profession and then fell in love with the profession.

What Is Legal Business Development?

At its core, business development in law firms bridges the gap between legal expertise and client needs. It can include identifying opportunities, understanding relationships, and creating value propositions that resonate with clients. Unlike traditional sales, legal business development requires . . . [more]

Posted in: Legal Marketing

Bridging the Gap Between Access to Justice and Business Law

At first glance, access to justice (A2J) might seem more relevant to areas like family, criminal, or poverty law. But through my unique position as both an Osgoode Hall Law School JD/MBA student and a research assistant for the Canadian Forum on Civil Justice (CFCJ), I’ve come to recognize a crucial and sometimes overlooked intersection between A2J and business law. That is: the challenges people face in accessing justice are not confined to traditionally “personal” legal matters. Everyday legal problems—ranging from contract disputes to consumer rights challenges—are deeply intertwined with business law, shaping both individual experiences and the broader economy. . . . [more]

Posted in: Justice Issues

CanLII’s Support for the Rule of Law

The Rule of Law is like the oxygen in the air: we don’t notice it until we are having trouble breathing. Today, we watch as Americans struggle to breathe as the Rule of Law is under threat. It is time for all Canadian legal organizations to take stock and reinforce our protections of the Rule of Law.

Here in Canada, most Canadians likely either do not know or may not appreciate the role that CanLII plays in maintaining the Rule of Law in our country.

In the Quebec Secession Reference (1998), the Supreme Court of Canada identified the Rule of . . . [more]

Posted in: Justice Issues, Practice of Law

Dealing With Rule-Breakers: Banishment’s Lure and Its Limits

When a stranger breaks the rules in a scary way, it is always tempting to banish them.

This old-fashioned word might suggest disgraced medieval nobles driven from of their kingdoms. But banishment occurs whenever a person is cast out from what used to be their home or social group.

A few examples of modern-day banishment:

  • Expelling high school students who have committed acts of violence is a straightforward way to show “zero tolerance” for their misbehaviour. Doing so is often welcomed by other students and parents who have suffered from the misbehaviour.
  • If unhoused people are or might
. . . [more]
Posted in: Legal Ethics

Teaching Civility and Professionalism in Canadian Law Schools Under the FLSC National Requirement: Knowledge, Skill, or Something Else?

Civility and its importance are contested in the Canadian legal profession and the Canadian legal academy. [1] Moreover, civility and the broader concept of professionalism have a shameful history as exclusionary concepts with significant negative impact on the ability of members of equity-seeking groups to join the legal profession and succeed in the practice of law. [2] The contemporary complexities of civility and professionalism remain problematic.[3] And even at its pinnacle, the civility movement had its critics as well as its supporters.[4] In the aftermath of Law Society of Upper Canada v Groia, the movement may not . . . [more]

Posted in: Legal Education, Legal Ethics

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