While there may be growing consensus about the fact that self-represented litigants (SRLs) are often unsure of court procedures and processes, a recent decision from the Yukon Court of Appeal highlights the significant implications for SRLs who are struggling, and the responsibility on other justice system players to make the process as transparent as possible. In LK v DD, the respondent in a family law application was successful at the Yukon Court of Appeal in overturning family law orders made at a summary trial of the parties’ applications and cross-applications. The Court of Appeal determined that the respondent had . . . [more]

The decision of the Law Society of Alberta in Law Society of Alberta v Shandro (2024 ABLS 14) has received media attention, but primarily for the result. In the process of dismissing three citations against politician Tyler Shandro, the Hearing Committee panel makes some important points about politicians who happen to be lawyers – points that are worthy of more attention independent of the result in the specific matter.

It seems intuitive that law society regulation, including complaints and discipline, could be ‘weaponized’ or otherwise abused as a tool against lawyer-politicians.[1] At the same time, it does . . . [more]

What motivates you the most in the workplace? Is it the sense of accomplishment from completing a challenging project? Or maybe the camaraderie of collaborating with a great team? No, of course not. Silly of you to think that! The thing that motivates all of us, of course, is fear and paranoia that comes from workplace surveillance! It is the sentiment of an invisible omnipresence—with the threat of criticism, punishment, or even unemployment—that will deliver managers the best results. What else could drive productivity quite like the Orwellian nightmare of constantly being watched by your superior?

This seems to be . . . [more]

A recent article in an American legal periodical highlighted what I believe is the irreconcilable problem with large full-service law firms in that market. The title — “Tensions Ripple Through Partnerships As Law Firm Culture Shifts to Bottom Line Focus” gives away the plot, but a couple of illustrative excerpts are worth sharing:

More law firms are moving to adopt a business-first approach, shifting away from traditional demands on firm partners. At Skadden, Arps, new firm leader Jeremy London has begun requiring their partners to put together business plans laying out their plans for high performance. … “

The August 2024 prisoner exchange involving Russia, the United States, and several other countries has been lauded as a triumph of international diplomacy. Foreign hostages were not the only people released by Russia. Rights advocates were joyfully surprised and relieved that several Russian human rights defenders and political prisoners were released as part of the deal.

The August hostage exchange remains darkly tinged with the reality that Russia continues to hold over 1,300 prisoners on politically motivated charges. Worldwide, wrongfully detained people number at least a million. Authoritarian governments also conduct extraterritorial harassment to silence dissidents living abroad.

This column . . . [more]

Unless you are one of those legendary litigators who focuses on court and leaves all of their writing to someone else, lawyers spend a lot of time writing. It would be wonderful if legal and professional writing escaped the demons of creative writing, but in my experience, the demons of procrastination and self-doubt and the lure of online shopping can only be overcome by the looming dread of a deadline or the personal guilt of a missed deadline. It’s impossible for one book to banish a writer’s demons, but this summer a pair of complementary books brought me tiny slivers . . . [more]

Keep a record of research questions you have answered and the next time you have a demonstration of a new product, use one or more of these questions (amended as appropriate). You get a much better idea of how a resource performs when you can compare its results to what you have retrieved using other resources than you do from a vendor’s prepared searches.

Alternatively, when a product is being demonstrated to end users, encourage attendees to bring questions that they have run into recently to the session. It is much easier for for users to evaluate the quality of . . . [more]

At the LSBC’s AGM tomorrow, several member resolutions will be up for a vote. Among them is a controversial resolution (Resolution 3) submitted by two BC lawyers that calls for changes to certain language in the LSBC’s Indigenous Intercultural Course. The language at issue references an unmarked burial site at the former Kamloops Indian Residential School. Various legal organizations have condemned Resolution 3 as being, among other things, “alarming Residential School denialism”, “an attack on the principles of Truth and Reconciliation”, an “insidious attempt to distort history” and as “undermin[ing] engagement with Indigenous communities”.

Resolution 3 follows . . . [more]

Patents have a reputation of being difficult to read and understand and a key part of most patent litigation proceedings is ‘construing’ or providing meaning to the claims of the patent. A recent decision of the Federal Court considered a series of claims which it determined were not possible to be understood – the claims were ambiguous. As a result, the claims were declared invalid.

Declaring claims invalid for being ambiguous is rarely done in Canada. Various decisions have held over the years that claims are invalid for being ambiguous only if it is not possible to give the claim . . . [more]

There’s a lot of talk, grumbling, and bemused head-scratching in law firms these days among partners of a certain age who lament the younger generation of lawyers who are so good at saying no and preserving their nights and weekends for pursuits other than legal work.

What is certain is that the commanding leadership style of previous generations – I will tell you to jump, and you ask how high – are not getting the results they used to.

While it is easy to lament the current younger generation, adapting one’s leadership style is likely to yield better results.

Case . . . [more]

In July of last year, Canada’s three research-funding agencies set out to improve public and academic access to the studies they sponsor. Open access to research and scholarship is proving to be the digital era’s great gift to science, and all the more so, following open access’ contributions to Covid vaccine development during the pandemic. The plan for Canada’s Tri-Agency, as it is known, was to review and revise its Open Access Policy by identifying “the key features of an effective, comprehensive, sustainable and equitable immediate OA Policy for peer-reviewed articles, and the incentives and supports required for the Policy’s . . . [more]

In part 1 of this article, we explored two different areas of the regulation of artificial Intelligence (AI) in Canada. These included existing laws of general application that apply to AI and are in force currently, as well proposed legislation that would regulate the commercial use of AI in Canada directly, known as the Artificial Intelligence and Data Act (AIDA). In part 2 of this article, I will introduce a number of international developments in the regulation of AI that have an impact on Canada and introduce the primary international norms that are developing in this area. The article . . . [more]