Since the publication of the ADR Institute of Canada’s Med-Arb Rules in 2020, Med-Arb has become much more widely accepted as an integrated dispute resolution process in Ontario. Despite this many counsel and parties still have a significant degree of resistance to its use. In the best-known form of med-arb, a single neutral acts as both mediator and arbitrator. The process only transitions into arbitration if the mediation fails; in that case, the med-arbitrator conducts the arbitration and issues a binding decision.

This process offers time and cost efficiencies over stand alone mediation and arbitration and guarantees an outcome, it . . . [more]

If you glance at the news, it feels as if the world is on fire—both literally and figuratively. Climate change wreaks havoc across continents, pandemics challenge our healthcare systems, wars and conflicts displace millions, and the erosion of democratic principles shakes trust in institutions worldwide. At the same time, misinformation spreads faster than facts, nationalism competes with global cooperation, and the international community often seems paralyzed by political gridlock.

In this whirlwind of challenges, one thing is clear: we need legal minds who can think globally and act locally. That’s why I believe we should all be teaching Comparative Law, . . . [more]

As a person who articled and practiced with a provincial government, and now teaches at a law school that defines itself in part by “the Weldon tradition of unselfish public service”, I encourage my students to consider a career of legal practice in the public service – but to do so with their eyes open. While I have written elsewhere about how government practice is different than other legal practice,[1] here I want to discuss the important but sometimes overlooked difference between the concepts of “social justice” and “public service”.

There is plenty right, and nothing wrong, with the . . . [more]

People-centered approaches have quickly become the norm in access to justice. By the term norm I mean essentially the same thing as the use of the term in sociology, a widely accepted expectation or rule of behaviour – a way of doing things. People-centricity has escaped the fate of becoming either a mot du jour or a term widely accepted but deemed nothing new, greeted with the assertion; We have always done that. We just didn’t have a name for it. This escape from the ordinary lies in its roots in the legal needs literature and in a fortuitous turn . . . [more]

In law firms, lawyers are everything. They do everything: They are the owners of the firm, and they’re also its officers and directors, but they’re also its managers and supervisors, and wait, they’re its workers too, and they set all the rules and make the policies and create the culture.

The only thing lawyers don’t do in law firms is the stuff they consider beneath them, the clerical and support work. I’ve said before that these entities should really be called “lawyer firms,” because that’s what they consist of and what they’re organized around. The molecular building block of a . . . [more]

Canadian courts are concerned about AI. They are concerned that litigants may misuse AI and attempt to introduce fake cases or deepfake evidence into court proceedings. They are also concerned about AI potentially usurping judges’ decision-making role and thereby undermining the proper administration of justice.

These concerns don’t merely exist in the ether – they have become embedded in roughly a dozen AI practice directions or notices from individual Canadian courts addressing the use of AI by litigants (see, e.g. here and here), as well as in recent AI guidance from the Canadian Judicial Council (CJC) and the Action . . . [more]

In the super-competitive professional services landscape, the ability to deliver an exceptional client experience continues to be a critical differentiator. While firms have traditionally focused on technical expertise and functional capabilities, clients now demand a more holistic, client-centric approach. Clients are hiring you for your legal knowledge and experience, but they also want to know, “What’s in it for me?”

For professionals, the priority should be a deep understanding of the client’s business, challenges, and objectives. The goal is to deliver tailored solutions that meet the client’s needs.

Client Interviews

Conducting client interviews allows firms to leverage client insights effectively. . . . [more]

In January 2022, headlines across Canadian media ignited a controversy involving Kaycee Madu, Canada’s first Black provincial justice minister. The reports centered on Madu receiving a traffic ticket from a police officer after a traffic stop and subsequently calling the police chief to discuss his concerns over the traffic stop. Almost immediately, a media narrative emerged suggesting that Madu had attempted to use his political influence to avoid the ticket – a narrative that spread quickly, despite the police chief’s clear statement that no such request had been made.

Minister Madu explained that his call was not an attempt to . . . [more]

This submission is part of a column swap with the American Association of Law Libraries (AALL) bimonthly member magazine, AALL Spectrum. Published six times a year, AALL Spectrum is designed to further professional development and education within the legal information industry. Slaw and the AALL Spectrum board have agreed to hand-select several columns each year as part of this exchange. 

Tips for drafting effective AI prompts.

On November 30, 2022, ChatGPT’s release marked a pivotal shift in the information world. Despite early explorations by legal research companies like Casetext, generative AI (GenAI) was unfamiliar to most. Fast forward to . . . [more]

If you’re trying to find government information that is generally not made available, it may be helpful to look in databases of information released as part of an FOI request. Note that availability of this information varies by jurisdiction.

The Government of Canada provides a database of completed Access to Information (ATI) requests made to the Government of Canada after January 2020. “If you find a summary of interest, you can request a copy of the records at no cost using the form below each summary. Requests made through this form are considered informal requests and are not subject to . . . [more]

Artificial intelligence (AI) is transforming nearly every sector of society, and the legal field is no exception. While AI is rapidly reshaping legal practice, legal education risks falling behind.

Surveys of university graduates indicate that they feel unprepared for the workforce due to a lack of AI integration into their education. Legal regulators like the Law Society of Ontario, emphasize that lawyers must understand AI’s risks and benefits to meet professional responsibility standards. The gap between what is taught in the classroom and what is required in practice is widening by the day.

Fortunately, there are practical and innovative strategies . . . [more]

The Taliban’s unlawful takeover of Afghanistan in August 2021 has become a “human rights catastrophe.” Afghan women and girls are being erased from public life as their rights are systematically annihilated.

On 26 September 2024, Canada announced a plan to take the Taliban to the International Court of Justice (ICJ) over their violations of Afghanistan’s obligations under the Convention on Elimination of All Forms of Discrimination against Women (CEDAW). The joint plan has been launched by Australia, Canada, Germany, and the Netherlands, with support from 22 other countries.

UN experts and human rights organizations are applauding . . . [more]