An article in today’s Globe and Mail reports on a judgment by Ontario Superior Court justice D. M. Brown in which he severely criticizes the high cost of access to the courts in Canada: “Ontario courts ‘only open to the rich,’ judge warns,” by James Bradshaw.

The particular decision, York University v. Michael Markicevic, 2013 ONSC 4311, involves a request by one defendant to discharge a certificate of pending litigation registered against her real property and is part of a larger action by York against Markicevic and others concerning their alleged misuse of university resources. Let . . . [more]

Technology is often cited as the game-changing factor in the future of the legal profession. There’s an endless parade of new devices, plus software is being developed that can do some of the work lawyers used to do. Legal entrepreneurs harness the power of the cloud to power new business models.

What it’s doing to the legal profession is just one side of the equation. For clients – actual and potential – rapidly changing technology can both expand their reach to consumers, and be a legal minefield.

People who conduct any part of their business over the internet, for example, . . . [more]

In Ontario, parties are required to disclose to the opposing side every document in their power, possession or control that is relevant to the lawsuit. Lawyers are required to explain to the client the necessity of making full disclosure and must sign a certificate to that extent.

The purpose of this disclosure was discussed in a recent decision. In short, each party is entitled to know what documents exist for potential use at trial. The decision also highlights what is not required, namely a party is not required to explain how or where relevant documents were found, or explain . . . [more]

Work-life balance is easy for most young lawyers. Or perhaps just easier, as compared to older associates and partners. Despite the greater flexibility and control that comes with seniority in law, most people at this age also have significant family and parenting responsibilities that the majority of young lawyers do not.

It’s probably disconcerting for young lawyers to hear that the whirlwind of work they currently experience will only get more complicated with the introduction of children. The current assumption is that this becomes more bearable with the assistance of a supportive partner. But there are some who suggest this . . . [more]

John Chisholm has a nice post about his father retiring after 59 years in the same Australian law firm; a feat that will likely never be matched in this era of modern law.

John’s piece however is not just an homage to his Dad, it’s also instructive for those of us practicing today.

As John notes, in the 1950’s, the 1960’s and even the early 1970’s,

There was no place for 10 redrafts of something, you had to get your letters right the first time as paper was money and there were no photocopiers or printers. ….

You took your

On Thursday night the OBA Civil Litigation and Insurance sections held their end of term dinner.

The keynote speaker was Alan Lenczner. I have heard many speeches about how to fix the broken civil justice system, but this was different because of its focus on how the judiciary can assist in the fix.

Lenczner’s message was that sophisticated litigants are leaving the civil justice system in droves, opting for private arbitration. The result is a shrinking body of decided cases. To get these litigants back into the civil justice system, we have to get rid of the inefficiencies.

One of . . . [more]

There are many within the legal community who scoff at Twitter saying that “it’s as a useless piece of fluff”. However for those interested in learning about legal innovation and connecting with legal innovators around the globe, Twitter is indispensible. Everything that is happening globally in terms of legal transformation is shared on Twitter. Today I connected with another innovative law firm from the UK – gunnercooke.

Former general counsel Sarah Goulbourne got together over coffee with corporate lawyer Darryl Cooke in mid-2010 to chat about how a different legal model would have huge competitive advantage over existing . . . [more]

Willie Nellson is performing in Confederation Park on the summer solstice this Friday. In anticipation I’ve had my favourite Willie Nelson song stuck in my head all week: (yes this blog post is mostly an excuse to play this song).

A few years ago around the time of my call to the bar I sent my parents a video of myself doing a karaoke to this song. They were proud parents of a lawyer-to-be and thought they’d appreciate Willie’s advice to mothers that they should make their kids be “doctors and lawyers and such” (and more central to the song, . . . [more]

Professor Tait recently sent me a 127 pages report on the topic of court remote appearances:

Rowden, E., Wallace, A., Tait, D., Hanson, M. & Jones, D. (2013), “Gateways to Justice: design and operational guidelines for remote participation in court proceedings” (University of Western Sydney: Sydney), accessed from: http://www.uws.edu.au/justice/justice/publications

This topic is very timely across all Canadian jurisdictions. The Canadian Centre for Court Technology – Centre canadien de technologie judiciaire (“CCCT”) chose remote appearances as a topic for its White Paper in 2012 (published in January 2013 and available here), and this week, the CCCT is offering a series . . . [more]

One of the highlights of the CBA’s Envisioning Equal Justice Summit, now about six weeks ago, was a lunchtime debate on the merits or demerits, the feasability or impracticality of a national justice care system. The exchange was witty and entertaining, and solid, thoughtful, substantive arguments underlay the edgy discussion.

Beverly Spencer posted a superb summary of the debate in the CBA National Magazine’s Legal Insights & Practice Trends: Should there be a national “justice care” system in Canada?, and it is worth a read to get a flavour of the issues and arguments on either side . . . [more]

I recently wrote a post that sparked a firestorm of comments; most felt that I had overstepped myself for daring to suggest that the Law Society of Upper Canada ignores obvious conflicts in connection with its operations. This week we have another LSUC conflict issue.

Canadian Lawyer Magazine has reported on the ongoing proceedings between LSUC and Joseph Groia. As you are aware, Joseph Groia was found guilty of misconduct by a LSUC disciplinary panel last summer and he is appealing that decision.

The panel that will hear the appeal is comprised of 5 benchers – one of which . . . [more]

It’s a big week at the Supreme Court for our professional and personal communities. As most of us are already aware, tomorrow the SCC will hear arguments in the Bedford case and will ponder the criminality of certain acts related to sex work, namely communicating for the purposes of prostitution, being found in a common bawdy house and living off the avails of prostitution.

At the heart of the decision are questions of constitutionality, specifically whether these three Criminal Code provisions violate section 2 and 7 of the Charter. Both the Government of Ontario and the Government of Canada maintain . . . [more]