Canada’s online legal magazine.

“How to Deal With Humans”: Still the Core Skill of Lawyering

During the ten years I spent closely involved in teaching articled clerks lawyering skills, I often described the program—only half jokingly—as “How to Deal with Humans.”

This past October, I read an article by Jordan Furlong titled “Three core attributes of tomorrow’s lawyer,” and I’ve been thinking about it ever since. One of the attributes Furlong identifies is personal trustworthiness. He uses this category to capture what he calls “relational skills”: empathy, listening, collaboration, judgment, and discretion. In short, he is talking about relationship-building.

But why are we still talking about this?

Shouldn’t law students arrive in practice with . . . [more]

Posted in: Legal Education

Law Publishing and Information Technology Promiscuity and Boastfulness, and Their Consequences

My perception, supported by a good deal of evidence, is that some people and businesses favour, and indeed boast of those assets and competences which they already have and from which they are trying to profit; they sometimes play down the worth of products, services and content which they do not have and through which they cannot trade for potential profit. Therefore, to take an example, they might trumpet the significance of blogging in legal markets, while referencing, to little or no extent, the infinitely more dynamic sources of added value legal authority, viz. the authoritative . . . [more]

Posted in: Legal Publishing

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Welcome to the Food Court 2. Administrative Law Matters 3. Canadian Appeals Monitor 4. Family Health Law Blog 5. David Whelan

Welcome to the Food Court
Canada-China Agrifood Reset: What Is Actually Fresh?

I’ve had a chance to think about the Canada–China Summit this past January, which

. . . [more]
Posted in: Monday’s Mix

Keeping Hold of the Reins When Using AI

What many of us in law, legal education, and other fields still want to know at this point is: what is AI really good for? What does it do reliably well and better than we could do on our own? And when we use it for those purposes, what risks do we take on?

In the early days of ChatGPT, those risks were clear. AI hallucinated authorities and generated biased output grounded in its training data. But as models have improved and we’ve learned to guard against these problems, those concerns have become more manageable.

A different and more subtle . . . [more]

Posted in: Legal Technology, Practice of Law

Summaries Sunday: SOQUIJ

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

PÉNAL (DROIT) : L’ensemble de la preuve ne peut conduire à une autre conclusion que la culpabilité de l’accusé, lequel a assassiné les locataires qui vivaient au sous-sol de sa maison; il y a donc lieu d’appliquer la disposition réparatrice à l’erreur concernant l’absence de directive restrictive sur les déclarations . . . [more]

Posted in: Summaries Sunday

The Wellness Lawyer: “Window of Tolerance”

Have you ever felt so done with everything that if there was one more thing on your plate you could just explode?

I remember watching cartoons as a kid where the characters would get red in the face, the head would get bigger and bigger and then “boom” they would explode in a cloud of smoke. This is the best way to depict how many of us feel when we are at the end of our ropes. That strange sensation in the body that is telling you to walk away from your desk, go out in nature, calm down… do . . . [more]

Posted in: Practice of Law

Guide Canadien de La Référence Juridique en Accès Libre

Nous sommes heureux d’annoncer la publication du Guide canadien de la référence juridique en accès libre (le RJAL), disponible sur CanLII.

S’inscrivant dans la continuité du projet initial, le Canadian Open Access Legal Citation Guide (COAL), le RJAL est le fruit d’une collaboration soutenue entre des bibliothécaires désirant offrir un guide de référence juridique fiable, moderne, accessible et à la portée de toutes et de tous.

Sa publication en français constitue une étape importante pour mieux servir la communauté juridique dans les deux langues officielles du Canada.

Les règles du RJAL sont en majorité identiques au COAL, mais ont été . . . [more]

Posted in: Announcements

Canadian Securities Administrators (CSA) Propose Amendments to National Instrument 52-112 Non-GAAP Disclosure: Lessons for Governance and Legal Practitioners

These changes are intended to update existing Canadian Non-GAAP (Generally Accepted Accounting Principles) disclosure standards to conform to the new international accounting standard, IFRS 18 Presentation and Disclosure in Financial Statements, which is effective for annual periods beginning on or after January 1, 2027.

Background and Context

IFRS 18 Impact: The IFRS 18 standard requires the disclosure of Management-Defined Performance Measures in a note to the financial statements, which would have removed them from the scope of the existing NI 52-112 definition of non-GAAP measures.

Purpose: To continue providing investor protection and transparency, both in the financial statements and beyond . . . [more]

Posted in: Administrative Law

Book Review: Michael Head’s Democracy, Protest and the Law: Defending a Democratic Right

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Democracy, Protest and the Law: Defending a Democratic Right. By Michael Head. London, U.K.: Routledge, 2024. vii, 198 p. Includes index. ISBN 9780367608323 (hardcover) US$190.00; ISBN 9781003100652 (eBook) US$56.99.

Reviewed by Haley O’Halloran
Research Librarian
Toronto Lawyers Association

While reading this book, Toronto, the city where I live, passed a . . . [more]

Posted in: Book Reviews, Legal Information

Trust Fractures: AI, Law, and the Small Cracks Worth Watching

Discourse on AI and the law often centres on the prospect (or lack thereof) of catastrophic injury to existing legal institutions and structures. Will AI tools decimate the legal profession, replacing all the lawyers? Or will lawyers who use AI simply replace lawyers who do not? Will our courts be overrun by hordes of robo-judges? Or is human decision-making essential and here to stay? These debates have proved remarkably resilient. Versions of them have bounced around for years, shifting shape as the technology progresses and our anxieties evolve.

I’m all for looking at the big picture and asking big questions, . . . [more]

Posted in: Legal Ethics

Names Will Never Hurt Me… and Other Lies Told to Me in My Youth

Sticks and Stones

As a society, we tend to categorize folks. Introverts or extroverts. Calm or anxious. Easy to get along with or difficult. I struggle with these categorizations because I feel that they oversimplify matters. It has been my experience that most people shift how they behave based on who they are with, the environment they are in and the situation. As a result, I often question the benefit of these labels.

My greatest concern in this respect surrounds the impact of negative labels, in terms of what they project and the assumptions that are made around them. Groundbreaking . . . [more]

Posted in: Dispute Resolution

Summaries Sunday: SOQUIJ

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

PÉNAL (DROIT) : Puisque la juge de première instance n’a pas déterminé les mesures raisonnables prises par l’accusé afin de s’assurer du consentement de la victime à une relation sexuelle, le jugement se prête difficilement à un examen en appel sur la question de la croyance sincère mais erronée au . . . [more]

Posted in: Summaries Sunday

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This project has been made possible in part by the Government of Canada | Ce projet a été rendu possible en partie grâce au gouvernement du Canada