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Archive for ‘Practice of Law’

Canadian Immigration: Predictions for 2026

Among immigration professionals, there is a joke that if you go to the washroom, you will miss a change in policy. The amendments to legislation and changes to IRCC programs are so prevalent, we have to work in an environment of uncertainty and unpredictability. I regularly meet with individuals who apply to defunct programs, and they are frustrated after IRCC has refused their application. With a huge disclaimer that we have no inside knowledge, here are our predictions for the Canadian immigration system for 2026.

Prediction #1: Closing Doors for Temporary Residents

Minister Diab’s Immigration Levels plan for 2026-2028, . . . [more]

Posted in: Justice Issues, Practice of Law: Future of Practice, Technology: Office Technology

Sole Proprietor or Corporation?

Every lawyer who hangs that metaphorical shingle must ask themselves a key question: which is the most appropriate business structure for my firm? This question may be posed at various points in a lawyer’s career. I remember when I was at law school (Queen’s Law, Class of 2007), there were intrepid students who were already laying plans. For myself, I started my business in 2015, after articling at a big firm on Bay Street, working as Staff Lawyer for a community legal clinic and then at a boutique law firm (under a truly terrible owner). For the . . . [more]

Posted in: Practice of Law: Practice Management

Vicarious Trauma

I recently met a 1L who is interested in immigration and refugee law. She cold-called my office and I agreed to meet with her. She is well travelled and she has a passion for social justice. She did extensive research into the area and she was well prepared. She asked what she can be doing during her law degree to put herself on good footing for this type of practice. Good question. My first thought was to learn active listening and develop the skills of a social worker. I’ll explain.

We have many (many!) international students and foreign workers who . . . [more]

Posted in: Justice Issues, Practice of Law: Practice Management

GenAI, the Verification-Value Paradox – a Critique

There has been much chatter on LinkedIn about a new academic article about the Verification-Value Paradox (of GenAI use by lawyers).

The article claims that it is doubtful that GenAI delivers value to lawyers because any efficiency gains are erased by the time spent verifying its output; a framing that the author calls the “verification-value paradox.”

The “paradox” is:

More AI = more verification = less value.

The author admits that this paper is not based on fresh, robust empirical evidence, as he waffles back and forth in much of his discussion of the paradox; essentially stating that GenAI . . . [more]

Posted in: Legal Information, Legal Information: Information Management, Legal Information: Libraries & Research, Practice of Law, Practice of Law: Future of Practice, Practice of Law: Practice Management, Reading, Technology, Technology: Internet, Technology: Office Technology

Assessing Lawyers’ Accounts: Good Points to Remember

In Monkhouse Law v Belyavsky, 2024 ONSC 4970, Justice Centa of the Superior Court of Ontario provided a thorough summary for the factors that courts should consider when assessing lawyers’ accounts. In this case, the client retained Monkhouse Law to handle an employment matter on a contingency basis. However, the retainer was terminated prior to the resolution of the matter, and the client owed fees for the work performed to date. The former client disputed the fees owed.

Key takeaway points:

  • The court always retains a supervisory jurisdiction over legal fees (para 35).
  • Clients are entitled to have an
. . . [more]
Posted in: Practice of Law

In Praise of in-Person CPDs and (Ongoing) AI Anxiety

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]

Posted in: Education & Training: CLE/PD, Practice of Law: Future of Practice, Technology: Office Technology

When Practicing Law Is Slow Death

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]

Posted in: Practice of Law

The Emergence of Brain-Computer Interfaces

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]

Posted in: Practice of Law: Future of Practice, Technology

Ontario AG Looks to Circumvent the Rules Committee to Fix the Superior Court

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]

Posted in: Justice Issues, Practice of Law

Numbers and Stats: Evaluation and the Legal Profession

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]

Posted in: Legal Information, Practice of Law: Practice Management

AWOL Court Clerk Justly Suspended

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]

Posted in: Case Comment, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions

Tips Tuesday: Smile File

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]

Posted in: Practice of Law, Practice of Law: Practice Management

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