Sticks and Stones

As a society, we tend to categorize folks. Introverts or extroverts. Calm or anxious. Easy to get along with or difficult. I struggle with these categorizations because I feel that they oversimplify matters. It has been my experience that most people shift how they behave based on who they are with, the environment they are in and the situation. As a result, I often question the benefit of these labels.

My greatest concern in this respect surrounds the impact of negative labels, in terms of what they project and the assumptions that are made around them. Groundbreaking . . . [more]

Part of being a law librarian and professor on Foreign, Comparative and International Legal Research involves assuaging people’s interest in current events around the world. Personally, I call it the curse of current events. Instead of running away from it, I now take it as an opportunity to leverage that, at times, sudden interest in other parts of the world and further educate into the intricacies of this highly complex and ever changing research puzzle.

These days, Venezuela, Russia, Ukraine, Iran and Greenland are perfect examples of this sudden interest. However, Greenland differs from the others on this list . . . [more]

It is with deep sorrow that we mark the unexpected passing of our friend and colleague at the Canadian Forum on Civil Justice (CFCJ), Lisa Moore, who passed away in December. Lisa was a generous colleague, an incisive researcher, and a quiet but formidable force in the access to justice community. Lisa devoted her professional and academic life to understanding how people actually experience legal problems, and to insisting that access to justice research remain accountable to those lived realities. Her passing leaves a profound absence in a field she helped shape with care, rigour, and compassion.

What distinguished Lisa’s . . . [more]

At the beginning of January, the Globe and Mail ran an article about the Chief Justice of Ontario’s visits to communities across Ontario, part of an outreach undertaking. From Chief Justice Tulloch’s perspective, this type of initiative provides the members of the bench with an opportunity to gain a, “better understanding of the people we are serving.”

While this is a crucial consideration for adjudicators, such outreach serves to benefit communities as well. Not only does it humanize the law by putting an actual face on justice, but it serves to humanize the individuals who are engaged in interpreting and . . . [more]

For most of my career, I have worked on the inside of law firms — advising partners, managing change, fixing things that quietly but persistently get in the way of good work. Strategy. Marketing. Associate retention. Recruitment. Training. Culture. All the unglamorous but consequential pieces that impacts whether a firm thrives or stalls.

Along the way, I noticed something that never really changed.

Every year, bright, capable law students arrive at firms deeply motivated to do well — and surprisingly underprepared for what the job actually requires. Not because they lack intelligence or work ethic, but because no one ever . . . [more]

Imagine having a civil trial, just two years after pleadings. To Ontario litigators this may seem an absurd fantasy, like a Stanley Cup for the Leafs or pulling matching socks straight out of the dryer. Four or five years, at least, is the status quo today.

And yet Ontario’s Civil Rules Review suggests that this fantasy can become standard practice. “Trial in Two,” for most two-party actions, is the aspiration animating its 281-page Final Policy Report, released in mid-December.

The Report sets out default timetables that would squeeze documentary disclosure, judicial conferences, and even pared-down examinations for discovery into . . . [more]

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Decoding Canadian Legal Research, Writing, and Conventions: A Guide for Internationally Trained Lawyers. By Kellinde Wrightson. Toronto, ON: Emond Montgomery, 2024. xviii, 259 p. Includes bibliographic references and index. ISBN 9781774624296 (softcover) $56.00; ISBN 9781774624319 (ePub) $50.00.

Reviewed by Dominique Garingan
Manager, Legal Learning & Development
Gowling WLG (Canada) LLP . . . [more]

“[Productivity] gains only come when companies use AI to redesign processes and ultimately rethink whole business domains. That’s where the step-change in efficiency and growth will come from. To get there, the foundations must be right — clean, well-governed data; secure and interoperable systems; and people who understand how to work alongside AI.”

This observation from Jonathan Keane, Strategy and Consulting Lead at Accenture for UK, Ireland and Africa, was a highlight of the recent Financial Times Special Report on AI. It was meant to apply to a range of businesses, but I think it lands most . . . [more]

The Federal Court of Appeal had the occasion to review the so-called non-use cancellation action under section 45 of the Trademark Act in the context of the acquisition of the trademarks by a new owner in the case Comité interprofessionnel du vin de champagne v. Coors Brewing Company^[1].

Section 45, and more specifically subsection 45(3), authorizes the Registrar of Trademarks, at the request of any person or on the Registrar’s own initiative, and following a proceeding initiated by a notice to the registered owner under subsection 45(1), to expunge from the Register of Trademarks the registration of . . . [more]

In a seminal article from 1994, Fitting the Forum to the Fuss: A user-Friendly Guide to Selecting an ADR Procedure, the authors, Frank Sandler and Stephen Goldberg, both leaders in the ADR movement in the U.S. used ‘Fit the Forum to the fuss” as a principle in dispute resolution design meaning you should choose the right process (the “forum”) for the specific conflict (the “fuss”), tailoring it to the parties (people), the problem’s nature, and the process goals.

For more than four years, lawyers and mediators have lived with a quiet but persistent question, or minor irritant left by . . . [more]

AI came up with this blog title – pretty great, right? It’s descriptive with just a hint of my cheeky writing-style. I tweaked it so it sounded more like my ‘voice’, but I like the blog title. I used a SMART prompt to come up with it – while it is highly probable that my AI prompt took longer to draft than simply coming up with my own title, we’ll just ignore that possibility for now. I use AI in my practice, and it is likely that most of you do as well.

I use AI to assist with social . . . [more]

Imagine that you are a provincial Attorney General. The Cabinet, for whatever reason, has lost confidence in the provincial law society. The Premier asks you for options to decrease its effective authority in the self-regulation of the legal profession. She dares you to think big but also challenges you find a subtle way to achieve this goal.

Your first – and admittedly unimaginative – instinct is to change the composition of the governing board of the law society. You consider abolishing the law society entirely and replacing it with a new body in which elected lawyers will not form the . . . [more]