Canada’s online legal magazine.

Parenting Coordination Unboxed and Repurposed

Parenting coordination was first developed in California in the 1980s as a response to family law cases characterized by elevated levels of conflict and repeated trips to court. The Special Master Program, as it was then known, was established to help parents resolve ongoing child-related disputes through a combination of consensus-building and decision-making, steering parents away from court and providing a more holistic, balanced alternative to the conflict and expense of adversarial court processes.

Under this program, parents were referred to mental health professionals who sought to resolve parenting disputes through mediation but, if mediation failed, were empowered to resolve . . . [more]

Posted in: Justice Issues, Practice of Law

Friday Jobs Roundup

Each Friday, we share the latest job listings from Slaw Jobs, which features employment opportunities from across the country. Find out more about these positions by following the links below, or learn how you can use Slaw Jobs to gain valuable exposure for your job ads, while supporting the great Canadian legal commentary at Slaw.ca.

Current postings on Slaw Jobs (newest first):

. . . [more]
Posted in: Friday Jobs Roundup

How Can We Talk About It?

We urgently need to figure out how to talk about justice systems at the highest political level. As I have said before in this column: globally, justice systems are not delivering. Read the report of the Task Force on Justice. We need to make them better. That requires a new type of justice leadership and a new way of talking.

On 19 and 20 June the ministers of justice of the G7+ met for two days in The Hague. The fact that they met made me rejoice. You can’t have enough ministers of justice sharing experiences and getting . . . [more]

Posted in: Justice Issues, Practice of Law

Northwest Territories Upcoming Statutory Leave Changes

On May 29, 2019, the Northwest Territories tabled Bill 57, An Act to Amend the Employment Standards Act to align with recent changes to certain statutory leaves in the Canada Labour Code and the Employment Insurance Act, as well as to update certain provisions of the Employment Standards Act to better protect Northwest Territories workers. . . . [more]

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

Responsible AI: A Review

ITechLaw, C. Morgan, ed., Responsible AI: A Global Policy Framework, 2019

Can technology lawyers think outside the box? They may be better at it than some of their legal colleagues because the box itself is redesigned so frequently, the walls knocked down and rebuilt in different places, the interactions among the sections rethought, the whole picture scarcely recognizable over the years.

In this spirit, perhaps, a number of members of ITechLaw, the international body once known as the Computer Law Association, addressed their minds to the legal and policy challenges of artificial intelligence, still known as AI.

This field . . . [more]

Posted in: Legal Technology

2018 Fastcase 50

I look forward to the Fastcase 50 list every year. It is wonderful to see an acknowledgement that legal innovation is actually happening and to recognize those who are working at the front of the change line. Special congratulations to some familiar Canadian folk who made the list.

  • Gillian Hadfield, University of Toronto
  • Sukesh Kamra, Norton Rose Fulbright Canada.

Curious about who and how innovation happens? Check out this year’s list of the Fastcase 50. The list includes lawyers, law librarians, legal academics and as you expect, legal technologists. Let the inspiration begin. . . . [more]

Posted in: Technology

Satellites Are Watching You

In an article titled “Soon, satellites will be able to watch you everywhere all the time – Can privacy survive?” MIT Technology Review questions how we deal with privacy and satellite surveillance. Satellites are becoming more pervasive, and have higher resolutions – capable of identifying people. Compounding the issue is that countries and entities outside of our borders are not subject to whatever standards our country might adopt.

Privacy as we know it focusses on consent. For things privacy laws deem personal, others can’t collect, use, or disclose it without our consent. That works fine for things we . . . [more]

Posted in: Miscellaneous, Technology

Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about.

For this last week:

1. Toronto Transit Commission v Amalgamated Transit Union, Local 113, 2019 CanLII 58978 (ON LA)

72. Turning to the current language at issue. In my opinion, the most reasonable construction of the critical sentence would permit the TTC to stop using the SBA as a means of delivering sick leave benefits to employees but not demand that it first obtain the necessary . . . [more]

Posted in: Wednesday: What's Hot on CanLII

The Costs of Regulation

The Law Society of Ontario bencher election finished at the end of April. The cost of regulation and the finances of the Law Society were the focus of some of the campaigns by bencher candidates. Perhaps not surprisingly in a campaign context, some of the comments were hyperbolic and some were rather imprecise.

This column seeks to address what lawyers in Ontario are required to pay in order to be able to practice law. The point of this review is to help better understand where the money goes to better inform discussions. I will look at this issue from the . . . [more]

Posted in: Legal Ethics

The Review of Government Appointments Should Be Public

Integrity Commissioner J. David Wake recently indicated that he could investigate the Ford government’s appointments of people with whom the Premier’s former chief of staff, Dean French, had some form of association or, indeed, all previous appointments. (Mr. French resigned as the premier’s chief of staff after news of appointments initially broke.) However, Mr. Wake also stated that he could report only to the premier and not release his findings to the public. Yet the public has an interest in such cases, perhaps particularly one that appears to be so extensive, and not only in the appointments themselves, but . . . [more]

Posted in: Justice Issues, Substantive Law: Legislation

Tips Tuesday

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on practice, research, writing and technology.

Research & Writing

More Confusing Pairs
Neil Guthrie

Alternate/alternative: As a verb, alternate means ‘to succeed in alternation’ (The two speakers alternated in answering questions form the audience); as a noun, ‘a substitute (I can’t attend the conference, but we’re allowed to send an alternate); as an adjective, ‘occurring by turns’ (The cake consists of alternate layers of cake, whipped cream and fruit filling). … . . . [more]

Posted in: Tips Tuesday

Update on Threats to Student Legal Clinics

The past two months have seen rapid developments dramatically harming Ontario (and Canadian) student legal clinics, whose role is to help low income persons who do not have access to legal aid.

1. Legal Aid Cuts in Ontario

First, the Ontario government has taken steps to reduce access to justice for low income persons by reducing funding to Legal Aid Ontario by 30%. LAO in turn funds Ontario’s student clinics, providing the vast majority of their funding. LAO announced in mid-June that student clinics will suffer funding cuts of 10%.

Along with cuts from student fees (see below), Ontario student . . . [more]

Posted in: Legal Education

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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