In my previous column, I looked at the growth of third party litigation (and arbitration) funding in Canada and discussed whether an arbitration Tribunal has any jurisdiction to control the involvement of funders. If the Tribunal does have jurisdiction, what issues should it be concerned about?

Here are just a few thoughts on some of the issues raised by third party funding in commercial arbitration and how to deal with them.

• Whether the third party funding agreement must be disclosed to the tribunal and/or the opposing party.
• Whether such disclosure should exclude privileged or confidential information.
• Whether other information

While Ronald Reagan wasn’t one of my favorite Presidents, he produced one of my favorite quotes about leadership:

“The greatest leader is not necessarily the one who does the greatest things. He is the one that gets the people to do the greatest things.”

The decision-making process most firms seem to use for selection of their managing partner tends to seek out those who qualify for the first sentence, and are ill-prepared for the second. In my experience, firms choose managing partners for any (or a combination) of the following reasons:

• The candidate is the strongest biller in the firm;

Others, usually outside of the profession, often wonder what value lawyers provide to society. We don’t save lives, the way other professions do, and our social utility isn’t always as tangible.

I often argue that we do indeed save lives, at least the social aspects of it that many members of the public face. We also drive the economic engines in a capitalistic society, and allow for growth that ultimately benefits everyone when properly oriented and efficient.

Occasionally lawyers do save lives, quite literally. And sometimes doing so is deemed by the courts as inappropriate for them to do. The . . . [more]

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.

PROFESSIONS : L’avocat en cause et son cabinet ne peuvent représenter les appelants dans le contexte d’une poursuite en dommages-intérêts pour faillite frauduleuse dans laquelle l’intégrité du syndic est sérieusement attaquée puisque l’avocat représentait la mandataire de ce dernier dans les procédures entourant la faillite en question et que les . . . [more]

It has been a long term goal for us to have a substantial collection of legal commentary on CanLII, so we are thrilled to be able to tell you about an expansion of CanLII’s secondary sources section to include law reviews.

Law reviews are often the only place a particular topic is discussed, and they often provide insight into the law for a particular jurisdiction where no one else does that make them invaluable for research.

In addition to being able to navigate within the commentary section by law review and issue, results from law review issues will appear in . . . [more]

Last year, the Canadian Research Institute for Law and the Family (CRILF) and the Canadian Forum on Civil Justice (CFCJ) sent out a survey to family lawyers in Canada to get a sense of legal professionals’ preferences around dispute resolution methods and the costs associated with these various avenues. 166 lawyers completed the online survey, the results of which are presented in a newly released report: An Evaluation of the Cost of Family Law Disputes: Measuring the Cost Implication of Various Dispute Resolution Methods.

This research is a sub-project of the CFCJ’s larger, multi-year Cost of Justice project, which . . . [more]

Starting tomorrow, the Supreme Court of Canada will publish Cases in Brief on the Court website, and on its Facebook and Twitter accounts. These are short, plain-language summaries of Supreme Court decisions.

The first such Case in Brief will be made available tomorrow at noon in the case of Carson v. The Queen.

In a statement released today to Court staff, Chief Justice Richard Wagner writes:

“We’re doing this because we want to be more transparent and accessible to Canadians—but we’re also doing it because we must. The reality is that there are fewer journalists covering the Court than

The 2017 Ontario Accessibility Compliance and Enforcement Report is now available online and outlines the activities undertaken by the Accessibility Directorate of Ontario in 2017 to oversee compliance with the Accessibility for Ontarians with Disabilities Act and its accessibility standards.

The report explains the results of the December 31st compliance reporting obligations of obligated organizations, and the various audits and inspections conducted by the Accessibility Directorate of Ontario in 2017. Overall, the report clearly indicates that there is a lot of enforcement work still needing to be done for Ontario to reach the goal of becoming an accessible province . . . [more]

[Note: this is but a short summary of the full text posted on the SSRN, February 2, 2018, (pdf.)-Ken Chasse.]

Canada’s federal government will be looking to gain political points and praise in the next federal election, for its “Budget 2017” declaration last March, as to creating Innovation Canada. Its purpose, among others, is to promote and support business innovation, including educating organizations in regard to recognizing what is intellectual property (IP), and preserving, governing, and otherwise dealing with it as valuable property, e.g., teaching that databanks and information can be IP, essential . . . [more]

On behalf of everyone at Slaw, I’d like to extend a warm congratulations to our colleague Dan Pinnington on his appointment as President and CEO of LAWPRO.

Dan has written with us here at Slaw for nearly a decade. His commentary has covered an enormous range of topics related to law practice management, legal technology, fraud and claims prevention (to name a few). But most of all, Dan is a communicator — speaker, blogger, book author, teacher, magazine editor, and conference chair. While I’m sure there will be a learning curve in the days ahead, Dan has spent an entire . . . [more]