“There are few things more important than one’s name. It reflects one’s identity, individuality and human dignity.” Adam Dodek, “Mispronouncing names isn’t okay, and it has nothing to do with being ‘woke’”

There’s a movement underway in the legal community to focus attention on the proper pronunciation of names in legal settings. There is a growing recognition that the proper pronunciation of names shows respect and is more inclusive. The minimal effort involved in promoting the proper pronunciation of names can result in a more welcoming and respectful hearing room.

In 2022, the Law Society of Ontario recommended the use . . . [more]

As a general principle, citations in scholarly works have two purposes: to prove that the point is supported by evidence, and to allow the reader to find the evidence that the author is citing to. The pain of citations comes from the requirement that these citations be made as brief as possible by painstakingly utilizing a series of standardized abbreviations. The requirement to abbreviate arises mainly from a historical limitation: the scarcity of paper and ink.

I hear from other scholars that readers increasingly choose to read scholarly works in electronic formats and it seems likely that this trend will . . . [more]

Access to justice applies to everyone. However, most formal access to justice initiatives focus (rightly) on people who are especially vulnerable due to poverty or very low income. IAALS (the Institute for the Advancement of the American Legal System) has just launched a new, organized network of individuals and organizations across the U.S. and in Canada who are committed to improving A2J for the “middle-class”.

It is called the Above the Line Network (ATLN).

The idea is to create a collaborative community to share ideas, resources and learnings and work together on innovative ways to meet the needs of this . . . [more]

The winning strategy of being one of one drives value and growth.

Leading law firm. Full service. Client focused. These throw-way platitudes are hallmarks of those who are indistinguishable in the legal services market and, as a result, are doomed to compete.

Be distinct. Stop competing. Own your market.

These are the hallmarks of smart and sustainable business.

Be Distinct

Distinct means being different from something else of a similar type.

According to the Federation of Law Societies of Canada, “Canada’s 14 provincial and territorial law societies govern over 136,000 lawyers, Quebec’s 4,200 notaries and Ontario’s 10,600 independent paralegals…” . . . [more]

As a lawyer who wears many “hats” in my work, I like to relax by watching movies.

Recently I watched a movie called “Hector and the search for happiness”.

The title intrigued me.

As a lawyer, mediator, wellness coach, I am always looking for ways to be happier. In fact, I believe that this has been the human condition for generations, wherein people have been striving to find happiness. I hope that this piece will give you some time to ponder ways in which you can increase your happiness and decrease the stress that is omnipresent within the legal profession. . . . [more]

If you need to monitor changes to a website, one option is VisualPing. 

VisualPing allows you to monitor either visual changes or changes to the text; if you’re monitoring text, you can limit alerts to when specific keywords are added or deleted. You can also specify the degree of the changes (e.g. “tiny (1%)” or “gigantic (50%)” which, depending on the frequency of changes to the page, can be extremely helpful.

If the website you are monitoring requires specific actions to retrieve information (e.g. fill in a form or click on a button), VisualPing has the ability to do . . . [more]

Floods and wildfires have displaced thousands. BC’s heat dome killed 600. It is not an exaggeration to say that climate change is having a profound impact on the rights of Canadians. At the same time, climate cases currently moving through Canadian courts are raising questions regarding whether and how citizens can hold governments to account for authorizing greenhouse gas (GHG) emissions that violate their Charter rights.

The common law has long said that for any right, there is a legal remedy. Increasingly, people facing climate change threats are turning to the courts, in a wave of climate litigation that has . . . [more]

Last week’s journey to Toronto with the University of Calgary’s Black law students for the 33rd National Conference of the Black Law Students Association of Canada (BLSAC) was more than a trip; it was a profound emotional journey for both me and my students. This event was not just a conference; it was a historic gathering of some 600 Black law students (and aspiring Black law students), the largest of its kind in the annals of BLSAC, marking the biggest assembly of Black law students in the entire history of Canada. In a profession where Black individuals and people of . . . [more]

The Federal Court of Appeal had the opportunity to examine the implied license to use a patented article upon its unrestricted sale in Pharmascience Inc. v. Janssen Inc., 2024 FCA 10.

The issue arose since Pharmascience’s proposed paliperidone palmitate for the treatment of schizophrenia and related disorders did not offer the 75 mg-eq. dosage form which would be available from the Patentee Janssen. Janssen brought action under subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations^[1]. In that action, the respondents, Janssen sought a declaration that Pharmascience would infringe Canadian Patent No. 2,655,3.

Pharmascience defence was that . . . [more]

The plain language movement in law has been in full swing for many years now. A plain language approach to legal drafting is taught in most law schools, and members of the judiciary are urged to generate decisions for parties in plain and ordinary language. This contrasts with the historically legalistic and complex language of law understood exclusively by lawyers, judges, and the academics who study law. Underlining the plain language movement is the belief that law, including the articulation of submissions made to court, the decisions rendered by judges, and even the legislation drafted by legislators, ought to be . . . [more]

Imagine suing the federal government without a lawyer, making your case before a neutral adjudicator, and then getting an enforceable decision, on the merits, less than four months later. This may sound like a far-fetched fantasy if you’re familiar with civil litigation in Canada. In our courts, civil lawsuits routinely take 4-5 years to get to adjudication. Legal fees average about $40k per party to get through a 5-day trial. Self-representation is a frustrating and overwhelming ordeal for most people who try it.

And yet the four month path to adjudication is not just an idle fantasy to ponder while . . . [more]

2024 has been called one of the busiest and record-setting election years ever. This year alone, over 2 billion people in more than 50 countries from all regions of the world will participate in presidential, legislative, regional and/or local elections. As I sit to write this post, during this month of January, Bangladesh, Taiwan and the Comoros Islands have already conducted presidential elections. Finland and Tuvalu are coming up next. If you want to get to know any country in the world, elections can be a great window into what are the major international and domestic trends affecting the jurisdiction. . . . [more]