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Archive for ‘Columns’

Law and Literature in Latin America: Context in the Classroom

Recently, I was invited to be a guest speaker at a Law and Literature Course here at my workplace, University of Arizona College of Law. As part of our Law Library Team and Professor of Legal Research, the invitation to speak came to my desk almost naturally. Perceptions on the voracious reading habits of librarians permeate even in the hallways of academia. Given my close connections with our Faculty colleagues as well as law students, I was not surprised at all at the speaking request. I have indeed shared with students and colleagues alike my lifelong obsession with reading world . . . [more]

Posted in: Legal Information

The RECO-iPro Matter: Governance Lessons From a Regulatory Mishap

In late 2025, facing public criticism and scrutiny from a scandal involving its Registrar and a registered real estate brokerage, iPro Realty Ltd. (“iPro”), the Government of Ontario exercised its statutory powers to appoint an Administrator over the Real Estate Council of Ontario (“RECO”). The province’s intervention was dramatic throughout the fall of 2025, but it has since faded from daily headlines. Despite its absence from our daily news feeds, the iPro matter warrants analysis and should serve as a cautionary tale for the hundreds of professional bodies across Canada that operate under delegated administrative authority. If your organization has . . . [more]

Posted in: Administrative Law, Practice of Law

The Shared Secret: Does Your Consent Violate Your Family’s Privacy?

As of May 2026, millions of Canadians are navigating a significant legal deadline. They have until June 25 to file claims in the finalized 23andMe Canadian Data Breach Settlement—a multimillion-dollar resolution to one of the most consequential privacy failures in recent history. But as the legal files are closed, a more fundamental question remains: Can a single person’s consent ever truly be ethical when the data being signed away belongs to an entire family tree?

We are taught early on in law school that the individual is the ultimate unit of the law. We draft retainer agreements for individuals, . . . [more]

Posted in: Justice Issues

Mass Client Communication Has Changed Completely. Too Bad Many Professionals Are Still Using the 2016 Playbook

Ten or fifteen years ago, the professional who sent a newsletter, mailed a holiday card, and maintained an updated LinkedIn profile was considered ahead of the curve.

The bar was low. Showing up, in almost any form, was enough.

Today, that communication strategy blends into the background. This is not because newsletters stopped working, direct mail disappeared, or LinkedIn became oversaturated. It was because client expectations changed, attentions changed, the way we build trust changed. The shift was gradual, then sudden, and now permanent.

Where We Were Five to Ten Years Ago

In the mid 2010s, most mass communication followed . . . [more]

Posted in: Legal Marketing

Why? the Details of the Alberta Regulated Professions Neutrality Act

The Alberta legislature passed two bills in December 2025 that are particularly important to the regulation of the legal profession. The many separate ramifications of the Justice Statutes Amendment Act, 2025, some of which I have previously written about,[1] are important though perhaps not immediately obvious. The Regulated Professions Neutrality Act, in contrast, has a clearly unifying purpose that is readily apparent – but its nuances and details deserve more attention.[2]

My view has long been that the regulation of the extra-professional conduct of lawyers, including their expression, is an important aspect of the role of . . . [more]

Posted in: Legal Ethics

Mediators Are Human Too

Back in the day, when I was starting my mediation practice, I received the worst advice ever. It came from someone who, I believe, meant well. The advice was that I should let the world know I was a mediator by modelling neutrality. In everything I did.

Why was this bad advice? Because that is impossible! No human being can be neutral about everything, nor should they pretend that they can be.

Also, how can someone expect to successfully market themselves absent any personality? The individual who gave me the advice may have meant well but failed to grasp what . . . [more]

Posted in: Dispute Resolution

The Legal Profession’s Weakening Grip on Law Society Governance

In late April, two groundbreaking decisions concerning legal regulators in Canada were announced — one by a court, and one by a law society.

The first decision came from the British Columbia Supreme Court, which ruled that the provincial government’s proposed overhaul of legal regulation in BC was constitutional and could proceed. I thought this was the obvious outcome from the outset, as I wrote here at Slaw two years ago, and I’m very glad to see the issue resolved — for the moment, anyway.

At the heart of BC’s legislative overhaul (and the lawsuit that challenged its . . . [more]

Posted in: Practice of Law

The Hidden Economics of Delegation to Law Students

In my last column, I wrote about the hidden economics of law firm student recruitment and the substantial investment firms make in attracting and hiring students. The conclusion was relatively straightforward. Most firms devote enormous attention to recruitment, but the return on that investment is largely determined after students arrive.

That return is shaped through hundreds of small interactions that rarely receive much scrutiny. How work is delegated. How instructions are delivered. How drafts are reviewed. How students learn what is expected of them.

In most firms, these processes are informal and highly variable. That is understandable. Lawyers are . . . [more]

Posted in: Legal Marketing, Practice of Law

The Legal Cost of Cutting Librarians

On 6 May 2026, Nova Scotia Community College (NSCC) announced that it had eliminated 91 positions, including 45 layoffs, in response to a $15 million deficit. The deficit followed a $9.4 million reduction to NSCC’s operating grant by the Province of Nova Scotia earlier in the year and reduced international tuition revenue, due to previous federal and provincial caps on international students. The cuts included student advisers and other professional support workers, but a whopping 25% of those cuts were librarians. All campus librarians were eliminated. NSCC’s campus librarians partner with faculty to facilitate critical information and digital . . . [more]

Posted in: Legal Information

“A Security Is What the Law Says It Is”: Legislative Breadth and Judicial Purpose in Canadian Securities Law

Canadian securities law has long resisted narrow or technical definitions of the term “security.” Instead, both legislatures and courts have embraced an intentionally expansive and purposive conception, one designed to capture a wide range of investment arrangements rather than a closed set of financial instruments. The oft‑invoked proposition that “a security is what the law says it is” reflects not interpretive casualness, but a deliberate regulatory strategy. Overbreadth in the statutory definition of “security” is not an accident of drafting; it is a conscious design choice that enables securities regulation to respond to evolving forms of capital formation and investment. . . . [more]

Posted in: Administrative Law, Justice Issues

Ontario v Doe: The 30 Hour Lawsuit

If you think civil lawsuits take way too long in Canada, you’re in good company. But one high-profile suit recently went from claim to final hearing in less than 30 hours. Ontario v Doe was certainly an unusual case, and one that has been widely debated for reasons that have nothing to do with civil procedure. And yet it also offers three important lessons for people who care about making justice speedier in mainstream civil litigation.

The Facts: A Last-Minute Injunction

A rally was planned for the afternoon of Saturday March 14th, on University Avenue in downtown Toronto. Just . . . [more]

Posted in: Legal Ethics

Why Canadians Need the Luxembourg Convention on Protection of the Legal Profession

Several Canadian governments have been using politicised rhetoric against “self-interested” lawyers and “biased” courts to garner popular support for increased control of the legal system. This column examines threats to the independence of the legal profession in Canada and explores how the Council of Europe Convention on the Protection of the Profession of Lawyer (Luxembourg Convention) could fortify the rule of law.

The Luxembourg Convention: “Survival mechanism for the Rule of Law”

Threats to lawyers and judges in the United States (US) have triggered worldwide alarm. In 2025, research by Canadian . . . [more]

Posted in: Justice Issues

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