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

Faced with a unique set of facts, an Ontario court in 2022 ONSC 5890 (CanLII) let two in-house lawyers off the hook when their former client sued them following the breakdown of their employment relationship. Would-be litigants in situations like the plaintiff’s would do well to remember that things aren’t always as they at first seem. It should almost go without saying: litigants had better have the evidence to prove it if they allege a breach of contractual or fiduciary duties. . . . [more]

There is a small army of immigration lawyers who battle in the Federal Court of Canada. Most practitioners have the sense to dedicate themselves to the solicitor side of this practice. In Part 1, I will focus on issues with the current system based on my experiences with the Court over the past 10+ years. I will be posting subsequent parts based on recent (creative) approaches that address, or get around, some of the issues below. This is not a review of substantive law or decisions from the Court. This critique is focused on the system as a whole. . . . [more]

A book has come along that every lawyer who wishes to run a firm at its peak should not only have on his/her shelf but it should be well-thumbed, stained from coffee spills, its cover torn from constant use and sits on the corner of their desk within arm's reach for quick reference. I am speaking of "How Successful Law Firms Really Work" by David L. Ginsberg and Robert A. Feisee, published by the American Bar Association, Law Practice Division

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

Hindsight is always 20/20, but in reading the decision Smorhay v Goodfellow Law, 2021 AHRC 170 (CanLII), one wonders how the employer did not foresee serious problems on the horizon. Corinne Smorhay was a legal assistant. She had worked in law offices before but had no construction law experience. Despite this, a headhunter recommended her to Goodfellow Law, a construction law firm that needed a secretary who could hit the ground running. When she was the only applicant who showed up for the interview, she got the . . . [more]

Before the pandemic, many lawyers may have longed for more flexible time, and the ability to work more from home.

The past year and a half may have challenged those professed goals, especially for those who have other responsibilities or distractions in the home. Working from home does not necessarily mean more personal time, and it does not necessarily mean that there will be less work.

As lawyers slowly make their way back to the office, they’re also revisiting the perpetual struggle to find enough time for self-care and care of others. One of the ideas that has started to . . . [more]

Noel Semple, General Editor

The free access to law movement has made impressive strides in 30 years. It is now taken for granted that all primary law and most reasons for decision are freely available online. In Canada, CanLII has been at the forefront of this movement. Funded by Canadian lawyers, CanLII first developed a thorough and free database of statutes, regulations, and decisions. More recently it has expanded into the realm of legal commentary.

Plenty of lawyers are willing to write first-rate content for free — as Slaw has proved. Assuming that the resources necessary for editing and . . . [more]

Lawyers are distinct from other professionals like medicine in that the license provided is inherently broad, and limited only by the restrictions the lawyer places upon themselves.

For example, the Model Code states at 3.1-1 that a competent lawyer “means a lawyer who has and applies relevant knowledge, skills and attributes in a manner appropriate to each matter undertaken on behalf of a client and the nature and terms of the lawyer’s engagement…” Those knowledge, skills, and attributes can be defined or applied in many different ways, especially where a lawyer is working with other lawyers who have different or . . . [more]

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

Many readers will remember the Bugs Bunny cartoons that featured an ostrich who would bury its head in the sand to avoid a predator or some other form of imminent danger. It turns out that ostriches do not really bury their heads in the sand to avoid problems, but the cartoon offers a nice analogy to the way the employer in Cybulsky v Hamilton Health Sciences, 2021 HRTO 213 (CanLII) handled one of its employees’ allegations of discrimination. In this case, the Human Rights Tribunal of Ontario considered the plight . . . [more]

The Canadian Bar Association’s Task Force on Justice Issues Arising from COVID-19 studied the issues, wrote a report, and presented it at the February 17, 2021, annual general meeting.

The risk with reports, however, is that they can become static documents, a snapshot of an issue. Reports gather dust as a collection of information if no one pulls up their sleeves to do the actual work to carry out their recommendations – and by the time the report comes out the political will to act may have subsided.

In our case, the ongoing pandemic is keeping these issues current . . . [more]

Don’t turn back, but don’t stand still. Work with justice system partners to share best practices, figure out how to make the system work better for the people who need it to work for them, and how to mitigate the unintended side-effects of change.

That sums up – very briefly – the recommendations in the final report from the Canadian Bar Association’s Task Force on Justice Issues Arising from COVID-19, presented to the Association’s annual general meeting on Feb. 17

The task force, established in April 2020, drew together representatives from CBA Sections and committees, its partners in the justice . . . [more]

In the article, “Toughen Up, Buttercup” versus #TimesUp: Initial Findings of the ABA Women in Criminal Justice Task Force, Professor Maryam Ahranjani writes about the flight of women lawyers. In her article, Professor Ahranjani cites a Canadian study by Dr. Madon. In the study, titled “The Retention of Women in the Private Practice of Criminal Law (2016)”, it is revealed that women are 141% more likely to leave private practice than women in other private practice areas.

The reasons given for the flight of women include:

• caretaking commitments,
• level of stress at work,
• emphasis on marketing and originating business,

. . . [more]

When discussing the modernization of the justice system the conversation can often be about how we adapt the technology to replicate the bricks-and-mortar experience.

But how might the institutions and decision-makers themselves adapt to work with the emerging technology?

Legal scholar Tania Sourdin talks about three primary kinds of technology in the context of the justice system:

• Supportive – things like online legal applications that support and advise people using the justice system
• Replacement – things that replace the role of people, such as e-filing technologies and online dispute resolution
• Disruptive – things that fundamentally alter the way legal professionals

. . . [more]