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Archive for ‘Columns’

Tips Tuesday: Finding the Current Version of a Quote in a Book

This is a fairly specific problem: sometimes a case quotes a section from an older edition of a book and you need to find the quotation in the current edition of the book.

Assuming the most recent edition is available electronically, generally the easiest way is to search for a portion of the quote in the new edition. However, if the wording has significantly changed it may be hard to identify the equivalent in the new edition.

The second way to do this is by using both a copy of the old edition and a copy of the current edition. . . . [more]

Posted in: Legal Information

Imagining a Possible Future: Self-Represented Litigant Courts

The growth of self-representation in all adjudicative settings may ultimately require a new approach to adjudication that is even more fundamental than a root and branch overhaul of procedure and practice. What legislators and courts may need to consider is the development of forums that are focused on and limited to adjudicating cases involving SRLs. Such courts would channel cases involving SRLs into a specific forum where court participants, including the adjudicator and court staff and any required wrap-around services, would exclusively plan for and engage with litigants who do not have legal representation. One such experiment has been underway . . . [more]

Posted in: Justice Issues

Briefcases & Cigarettes: The Law Library of 1978

This summer our law library intern (shout out to Bailey Kaye!) is reviewing our archival casebook collection for a digitization project. Among them was a casebook for exchange students arriving at Dalhousie Law School in 1978. It outlined an introduction to the common law, as provided by the Sir James Dunn Law Library. In this casebook, the Sir James Dunn Law Library included a helpful list of general information about library etiquette. Let’s review how you were to conduct yourself in the law library of 1978, shall we?

The one rule that has survived nearly word-for-word, across nearly fifty years . . . [more]

Posted in: Legal Information

You Can’t Hurry Judge

Every now and again, a mainstream occurrence helps inform the general public about the world of dispute resolution. Often through the world of sports. Mediation has resolved a hockey lockout. Arbitration has resolved salary disputes between player and team. This summer, we encountered another one.

A trade that would return Kawhi Leonard to the Toronto Raptors has been delayed pending the outcome of an investigation surrounding an alleged salary cap circumvention. Fans frustrated by the delay have wondered why the ongoing investigation cannot be sped up. Some media have speculated that this was possible, though at the time of . . . [more]

Posted in: Dispute Resolution

Appellate Hypertrophy in the Canadian Justice System

Is the re-examination of past decisions sapping the justice system’s capacity to hear and decide legal disputes at first instance? Our system has numerous ways to reopen past decisions and let a new set of adjudicators and advocates root around for errors: review, reconsideration, and motions to set aside or reopen as well as appeal itself.

These re-examinations constitute a necessary organ, which serves essential functions in the justice system: correcting legal errors, delineating and refining legal rules, making new common law, and ensuring that administrative decision-makers do not exceed their jurisdiction. And yet these procedures have arguably been allowed . . . [more]

Posted in: Legal Ethics

Call for Submissions: Arizona Journal of International & Comparative Law – 2027 Symposium

I’m thrilled to share with all Slaw readers this great opportunity from our dedicated law students at the Arizona Journal of International and Comparative Law. I work closely with these students either in the Journal or in the courses I teach and I can confidently see that they are hardworking, intellectually engaged and eager to make an impact. The topics of the 2027 Symposium taking place in Tucson will include International Trade Law, Digitization of International Commercial Law, and Indigenous Peoples and International Economic Law. These areas of study have been an integral part of the Journal since its inception . . . [more]

Posted in: Legal Information

Reconsidering Common Objections to Mediation

Most of the common reasons for declining mediation are well known. These include concerns that it may be premature, that additional information is required, or that the opposing party is unreasonable. Other justifications include the belief that the law is clear, the case is strong, and mediation would only increase costs. Some of these concerns are legitimate. Not every dispute is suitable for mediation, and even appropriate cases may not be ready for mediation at a particular stage.

Ontario has now had mandatory mediation in parts of the province for more than twenty-five years. The program began in Toronto and . . . [more]

Posted in: Dispute Resolution

When Every Partner Delivers a Different Client Experience

Ask ten partners in the same firm to describe their approach to client service and you will likely hear ten different answers.

One partner will insist on quarterly check-ins. Another prefers to let the client reach out when they need something. One responds to every email within the hour, while another believes that as long as the work is delivered on time, the client will be happy. Some actively introduce colleagues from other practice areas. Others rarely do.

None of these approaches are necessarily wrong. But when they all exist within the same firm, they create a challenge. The result . . . [more]

Posted in: Legal Marketing

Scope of Employment

Copyright has several rules which apply automatically. If an employee creates a work in the scope of employment, and absent an agreement to the contrary, the employer is the first owner of the copyright in the work.[1] The Ontario Court of Appeal had occasion to focus on what is meant by the words ‘in the scope of employment’ in Nexus Solutions Inc. v. Krougly, 2026 ONCA 199.

At trial, the Court held that the employer, Nexus Solutions, did not establish that the software in question was created by Krougly ‘in the scope’ of employment, even though Krougly secretly . . . [more]

Posted in: Intellectual Property

Canada’s Proposed Financial Crimes Agency: It’s About Time!

I have a vivid memory of being told I was callous for suggesting that an individual who was drafting a Statement of Claim to recover lost funds should instead report their losses to the authorities – they would likely never see their money again. To be fair (to me), they probably never did. That individual’s son convinced them to invest their savings, roughly $14,000, with his friend, a young 20-something crypto-investment “genius” who offered to use his know-how to make them rich, for free (no fees), while offering a 100% guarantee of returns. Sounds exciting! Except, that this situation resulted . . . [more]

Posted in: Practice of Law

It Depends on How You Ask the Question: The True Number of Unrepresented Accused in the Ontario Court of Justice

This paper is part of a larger, multi-year project looking at representation, efficiency and outcomes in Ontario’s provincial court[1]. As outlined in an earlier Slaw piece on this project (“Using Representation Pathways to Explore Court Data”, October 2025), several parts of this research are ongoing. The paper highlights the “representation pathways” idea, which is being explored as a methodological tool and as a way of better understanding the experience of accused persons in the provincial criminal court system.

The research is being carried out using an appearance-based database from the Ontario Court of Justice (OCJ). The data . . . [more]

Posted in: Justice Issues

The Hidden Economics of the Vanishing Apprenticeship

Two columns ago, I followed the money through a law firm’s student recruitment program and found nearly $500,000 a year in lawyer time and expenses before a single billable hour was worked. Last column, I followed that same money into the delegation of actual work and found that firms were quietly losing much of it back through vague instructions, overworked memos, and write-downs nobody quite wants to talk about.

This column follows that same money to where it gets spent – on the reps junior lawyers used to log before anyone trusted them with something that mattered. Those reps are . . . [more]

Posted in: Legal Education, Legal Marketing, Practice of Law

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This project has been made possible in part by the Government of Canada | Ce projet a été rendu possible en partie grâce au gouvernement du Canada