A recent Ontario decision has affirmed the principle that all claims for damage caused by a tenant during a tenancy must proceed before the Landlord and Tenant Board (the “Board”) and not in the Superior or Small Claims courts.

After about a six year tenancy, the tenant fell behind on rent. The landlord brought an application to evict the tenant. The tenant vacated the unit shortly after being served with the application materials and did not attend the eviction hearing.

As part of the eviction hearing the landlord sought arrears of rent, including hydro arrears. The Board terminated the tenancy . . . [more]

Created to coincide with the release of our Rule 48.14 Transition Toolkit, the litigation claims fact sheet is the latest in practicePRO’s series of fact sheets. They includes quick claims facts, the main causes of claims against lawyers, hot topics in the particular areas of law, tips for avoiding claims and links to practicePRO resources. The sheets can also be used as program inserts in their own right.

The other fact sheets released so far are for criminal law, wills & estates and real estate. . . . [more]

I am always somewhat pessimistic about the response of any group of lawyers to a presentation on the subject of wellness. Though I’ve spoken more than a few times on what lawyers can do to increase their sense of personal wellbeing and maintain a greater sense of balance while doing the work they do, my expectation remains that there will be at least a little eye rolling and more likely, significant disengagement with a topic that both touches on the personal and sometimes tends towards good parental advice.

Last week I joined fellow Slaw-yer Dan Pinnington and lawyer therapist Doron . . . [more]

When lawyer-turned-entrepreneur Greg Smith quit practicing law to start tech company Thinkific, he quickly learned that following his dream was going to take more hard work and a lot more risk than anything he’d encountered before.

Many lawyers find the business world beyond their law firm more enticing than the business of law. I recently asked Greg to share how his legal experience has influenced his foray into the entrepreneurial realm.

Q. What spurred you to leave the comforts of a big law firm and start a tech company?

I loved practicing law at both firms I worked with. . . . [more]

Last week I had the pleasure of attending part of the Canadian Bar Association Legal Conference in Calgary. In addition to connecting with friends and colleagues, exploring the other vendors in the marketplace and chatting with people about law librarians and the value we bring to the legal community, I attended some of the excellent programming offered.

With my personal focus on process improvement, the session that caught my eye on August 14 was:

DO MORE WITH LESS: MAKING THE MOST OF YOUR RESOURCES
FRIDAY AUGUST 14 — 9:30 AM – 11:00 AM
Whether you are in a private practice,

This past weekend Chief Justice Beverly McLachlin addressed CBA members at the legal conference in Calgary, Alberta. A complete copy of the speech is available here via National Magazine, and my live broadcast via Periscope is available here.

She addressed her continuing concerns about access to justice, but focused on the change already underway in the profession. She told a lawyer joke, which she admittedly refrains from doing,

It can be very rewarding, both personally and financially, to be asked to serve on a client’s board of directors. It’s also easy to understand why a client might make the request: the lawyer may have worked closely with the corporation’s founders to establish the company, and will likely have a solid understanding of the corporation’s objectives, the marketplace challenges it faces, and its relationships with industry partners, suppliers, customers and others. . . . [more]

Being mindful means to pay attention – not just to stop and smell the roses but to be aware of the roses, their intricacies of their form and scent and the effect their presence has on their environment. How would you extend that analogy to the practice of law?

Last year around this time, the CBA Legal Futures Initiative issued its report (Futures: Transforming the Delivery of Legal Services in Canada) calling for a new legal order. The report suggests that we find new models for legal education, that we reflect on our practice in order to innovate, . . . [more]

Last year the CBA Legal Futures Initiative released its report, Transforming the Delivery of Legal Services in Canada, in St. John’s.

The Futures Initiative has been gratified by the largely positive and enthusiastic reaction to our report, which has had a much broader reach and impact than we could have hoped. We outlined a bold vision for the future of the legal profession, encouraging a crucial conversation that’s taking place not just within Canada, but around the world.

Here’s a taste of what we’ve done since the report was published:

We’ve been talking

In the past year CBA President . . . [more]

One year after the CBA Futures Report, the debate over ABS still rages on and appears to be the most contentious issue, even while foreign firms state they’re eyeing our territory for opportunities. Although there are concerns about professionalism, much of the resistance, especially by personal injury lawyers, is based in protectionism.

Yet ABS may be the great bait and switch of legal innovation. The alternatives to practice may not come in the form of other business structures, but in other technological structures which allow for law to be conducted in different ways.

Legal services rely on enormous amounts of . . . [more]

Cecil the Lion has dominated world headlines since the announcement of his killing at the hands of American dentist Walter Palmer. Cecil’s death has brought the controversial practice of trophy hunting, the serious issue of poaching and the concerns of the animal conservation movement into the spotlight.

The outcry has been especially prevalent on social media, where news is amplified and extended at rapid pace. Lawyers representing clients accused of criminal, defamatory or regulatory transgressions are often wary of how online attention can remain focused on an issue long after traditional outlets have moved on.

When social norms and trust . . . [more]

In 2015, practitioners in all types of firms blog. It’s a necessity of modern practice these days, and most have come around to understanding the importance of some social media presence.

If you don’t create your online footprint, someone else will for you – usually a disgruntled client.

One of the prerequisites to being appointed to the bench though is that you have to be a lawyer, usually for a good number of years. Although we’ve seen blogging lawyers appointed to the bench in recent years, and Slaw is one of the few sites where we’ve had guest judge bloggers, . . . [more]