The recent CBA national conference for immigration lawyers passed as though COVID is a distant memory. Crowded rooms full of professionals who serve the Canadian immigration system and our diverse mosaic of communities, in some way or another. Past practices of social distancing or meeting remotely have gone the way of the Dodo bird. At this recent conference, I was struck by one of the huge benefits of in-person learning: presenters can be candid and forthcoming, without fear their comments are being recorded. Speakers were able to share their thoughts and opinions freely without potential negative repercussions to them personally… . . . [more]

It started as soon as I began my law career as an articling student. A lawyer gave me a task on Friday due Monday, meaning I would lose my weekend. I felt a little bit of pride – who, little old me, tasked with something so important? But I soon learned what is urgent is rarely important, and important rarely urgent. Having “uncovered every rock” and discovered nothing further, I watched my research memo fall into the abyss of make-work legal projects, more for show and profit, productivity measured more in money than in legal progress. I think I gained . . . [more]

In the article “AI’s Next Frontier“, author Bernard Marr discusses the future of Brain-Computer Interfaces. Over the years, surgical methods have evolved to the point where people can now experiment with implanting sensors into the human brain and collect data.

Marr writes “Today, one of the best-known pioneers is Neuralink, founded by Elon Musk…It aims to enable people suffering from paralysis to use machines and prosthetic limbs to recover their mobility…[Another company, named NextMind] has developed a device that translates signals from the visual cortex into digital commands. As well as creating tools that allow computers to . . . [more]

Afflicted with a “culture of complacency[1],” the Ontario Superior Court has long struggled to timely advance cases to trial. Variously described by its leading jurists as ‘broken[2]’ and ‘antiquated[3],’ it has fallen further into disrepute as gun cases[4], a sexual assault case[5] (and another[6] and another[7]) and human trafficking[8] cases have been thrown out due to “excessive delay.” This continues the sordid state of affairs that existed prior to the pandemic, where hundreds of criminal cases were being dismissed annually for delay[9]. . . . [more]

Many people in the legal sector are working toward making the legal profession, and society as a whole, more equitable, which has led to calls to increase diversity in the legal profession. Employers and educators have tried to achieve more impartiality by integrating quantitative metrics, such as LSAT scores, grades, and litigation statistics, into their selection processes.

This is better than selecting candidates based primarily on criteria like family legacy, but these processes still aren’t perfect. The selection of athletes a a good comparison. Elite athletes are a group of people with well-defined and generally available statistics going back to . . . [more]

Written by Daniel Standing, LL.B., Content Editor, First Reference Inc.

A decision of the Ontario Grievance Settlement Board, 2023 CanLII 115148 (ON GSB), confirms that dishonesty, attempts to shift blame and a lack of remorse are not a winning combination of factors for an employee seeking to overturn a disciplinary measure. In this case, the employee went AWOL for personal reasons, giving the employer a clear path to just cause for imposing discipline. . . . [more]

Ever have those days where you need a smile? Allow me to introduce you to the Smile File. Throughout our careers we may receive letters of encouragement from peers or mentors; well wishes from clients or appreciation about a job well done; experience career milestones; or receive other electronic or written communications that make us smile. Take these communications, letters, well wishes, and milestones and put them into a file folder that you keep – either electronically or in a drawer – and pull them out on those days that you need a smile. On those days, you’ll be able . . . [more]

One of the most significant advantages arbitration offers over litigation is the ability to design a bespoke dispute resolution process tailored to the circumstances of the particular case, offering no more bells and whistles than those which are absolutely necessary for the arbitrator to fairly resolve the legal issues. Not only can participants decide what level of disclosure must be met, whether evidence is required and how any evidence will be presented, and whether time limits on oral evidence and arguments and page limits on affidavits will be helpful, they can also decide whether the arbitrator will resolve their dispute . . . [more]

As lawyers we write a copious amount of memos and opinions. If you’re like me, you often go back to prior memos and opinions when you’re writing new ones. Perhaps it’s to borrow wording or refresh yourself on that particular area of the law, but no matter what you find yourself looking for and relying upon them.

There tends to be two general organizational systems that I’ve come across with respect to referencing these at a later date. One is the “random memory” approach – which functions like it sounds. It involves relying on your memory to think of what . . . [more]

This note provides some suggestions for lawyers taking family law cases to arbitration, offered from my perspective as a family law arbitrator.

The theme that runs throughout this article is straightforward. Your primary object in arbitration is to get the best possible outcome for your client, just as it is in litigation, and your chances of getting that outcome are maximized when you make it as easy as possible for me to understand your client’s evidence and comprehend your argument.

I. A peek behind the curtain

Before getting into the nuts and bolts, I think it might help to provide . . . [more]

Communicating with clients can be difficult, especially when you are trying to convey your legal opinion to them. When I first started writing opinions, I had a tendency to write a lot and try to explain every detail to the client. This often resulted in lengthy opinions that weren’t accessible for the client. A tip that was given to me by a mentor was to think about what the most important part of the opinion or letter was, then focus on getting that piece of information to the client as soon as possible, ideally on the first page.

If the . . . [more]