Canada has one of the world’s better justice systems, according to the World Justice Project Rule of Law Index. We are ranked 12th out of 140 world countries by the WJP. Delay, however, is a major Achilles’ Heel. (1)  

• When it comes to providing timely justice in civil matters, Canada ranks only 56th worldwide according to the WJP Index. We received a failing grade of 47% for this, the lowest among 44 sub-factor scores for Canada. In Ontario, for example, the average civil trial occurs over five years after the Statement of Claim was delivered. 
• Some administrative tribunals provide

Barely six months after an explosive Goldman Sachs report predicted massive economic and employment upheaval from large language models and generative AI, the Chief Information Officer of that same company reports that his company has no actual generative AI use cases in production. Both claims, much like the title of this article, are true, false, misleading and helpful all at once. ChatGPT, Dall-E, MidJourney and the slew of open source models that followed have undoubtedly and irrevocably changed our expectations of what we can achieve through technology, meanwhile our collective ability to change behaviours has both reinforced and belied . . . [more]

Revised with comments on 22/10/2023.

The 10^th edition of the Canadian Guide to Uniform Legal Citation (the McGill Guide) was published in the summer of 2023. Having been six years since the 9^th edition was published, the most recent edition has made necessary revisions that improve the accessibility and inclusivity of sources. Anecdotally, the revision that seems to have garnered notable attention is Jurisprudence Rule 3.1: Hierarchy of sources. There are several changes worthy of discussion in the 10^th edition, but the focus of this post is to explain the new hierarchy of sources for jurisprudence . . . [more]

As an original member of Ontario’s Condominium Authority Tribunal (CAT), I am convinced there is not a cat pun I have yet to encounter. I could be wrong but feel as though I have heard them all.

From the Zoom Filter to the Litterbox

With a spectrum of inspiration ranging from wholesome Dr. Seuss to the controversial Fritz the Cat, there have been good puns and bad. Clean and dirty. Supportive and insulting. Some have been witty. Some have made me groan. Too many have referenced nine lives. Not enough have referenced Garfield. I think my favourite involves someone . . . [more]

The search for legal information and assistance

The current design of our legal services delivery system makes Ontario’s access to justice crisis worse. Far too many Ontarians who cannot afford a lawyer struggle to find help from a disjointed cluster of private and public legal service providers. Rather than participating in an integrated intake and referral process that could direct people to the appropriate resource based on the type of problem they are experiencing, their eligibility, and the level of intervention they require, front-line agencies (struggling to keep-up with rising demand) waste thousands of precious hours each year interacting with . . . [more]

I have been lucky enough to work with executives who understand the power of quality communication. Whether running a single office or multiple international locations, staff want to understand what their leadership is thinking. Leaders who lean into communication programs tend to have significantly higher approval ratings, their companies have less turnover, and employees feel they are part of a growth plan.

Over the years, we have seen a fundamental shift in the willingness of executives to share. Knowledge is power has evolved to having and sharing knowledge being the cornerstone of reputation and influence, and therefore power. Long are . . . [more]

Let me ask you a question. If you are a researcher interested in comparing laws and regulations related to indigenous peoples in several countries, which keywords should you use to find relevant information? Aboriginal Law, First Nations, Native Law, Tribal Law, Indian Law, something else, all of the above? Well, it depends. For those of you who have engaged in comparative research, be it legal or not, you know that the answer is always “it depends”. The reality is that different jurisdictions and legal systems have evolved and continue to do so in a myriad of disparate ways. . . . [more]

How does a Court assess a class action claim against a high-tech giant where the evidence is that the plaintiff reaffirmed the conditions of use numerous times in making her transactions in the world following the Supreme Court of Canada’s seminal case in Uber Technologies Inc. v. Heller, 2020 SCC 16, [2020] 2 S.C.R. 118.

In Heller, the Supreme Court found a compulsory arbitration clause in a contract of adhesion was unconscionable and unenforceable. The facts in that case would have required Heller to expend a year’s earnings to dispute the service agreement with Uber.

After Heller, . . . [more]

Last year, I submitted a report to the Law Society of British Columbia concerning the lawyer development and licensing system in that province. The report made only one recommendation — that BC create and adopt an entry-level lawyer competence framework as the basis for a new licensure system — which the law society’s Benchers accepted.

But my report also included a range of what I called “suggestions” — actions that I thought were worthwhile and beneficial, but that didn’t rise to the level of full “recommendations” that the Benchers would have to approve or reject. My goal was to encourage . . . [more]

Six months ago, I wrote a column about ChatGPT and other tools using large language models (“LLMs”). My aim there was to introduce this technology to readers and briefly outline intersections with legal ethics and access to justice issues. This column provides an update on this topic, including a deeper dive into legal ethics considerations.

I. What are we talking about?

My previous column included a basic overview about how ChatGPT and other tools built on LLMs work. I reshare the following two quotes as a starting point here:

A basic explanation of how ChatGPT works:

“It is trained on

Cyberinsurance Sticker Shock

We’ve been watching cyberinsurance get more and more expensive over the years. Perhaps in the wake of the extraordinary number of data breaches in 2023 (both small and large organizations), it is no wonder that a recent survey showed that respondents report an increase in insurance rates of 50-100% upon initial application or renewal.

Ouch. You must also prepare yourself for an ordeal of six months or more to obtain or renew cyberinsurance.

The August 2023 report from Delinea caused a lot of eyebrows to go up. Almost 80% of survey respondents have used their cyber insurance . . . [more]

A desire to redo my living room has caused me to become addicted to reality TV programs involving design. And to prove that you can learn about business from virtually anywhere, here is an important lesson I learned from “Making the Cut” (if you can believe it).

“Making the Cut” is a clothing design contest that begins with a number of accomplished, talented designers and through competition, whittles them down to two or three finalists. These compete in a full runway show where they must present an entire collection, this last task generally undertaken in a three-day period.

Judges can . . . [more]