Canada’s online legal magazine.

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) : Pour commettre l’actus reus de l’infraction prévue à l’article 320.16 C.Cr., il faut conduire un moyen de transport qui est impliqué dans un accident avec une personne ou un autre moyen de transport et omettre de s’arrêter, de donner ses nom et adresse ou d’offrir de . . . [more]

Posted in: Summaries Sunday

Cheapening the Written Word

The last two years have seen excessive hype over the text generation functions that large language models facilitate, which doesn’t need to be remarked on here more than it already has. But, I do think it’s important to note that applications like word processors and email have been transformative for the practice of law and other knowledge work over the last 40 years, and this can be considered an expected continuation of this long term trend.

These types of tools all reduce the friction involved in creation of documents and mean that written material can be produced more quickly and . . . [more]

Posted in: Justice Issues, Legal Technology

A Digital Wolf in Sheep’s Clothing: How Artificial Intelligence Is Set to Worsen the Access to Justice Crisis

The increased presence of artificial intelligence (AI) in the legal sphere has been a controversial topic in discussions about access to justice. While some claim that AI will act as a great equalizer — ringing in a new age of AI-powered legal assistance for those who most need it — its rise to fame in the legal field instead seems to be catalyzing the opposite reality.[1] As private AI companies increasingly dominate the practice of law, we are beginning to enter an era of unchecked digital capitalism, where the legal field’s most underserved participants are increasingly falling behind the . . . [more]

Posted in: Justice Issues

Marketing Audit

Auditing your firm’s marketing activities allows you to examine all marketing and communication efforts to evaluate their effectiveness and alignment with the firm’s overall objectives. Below is a short guide on performing an audit, what to look for, and areas to focus on.

1. Define Objectives and Goals

One of the early items in the audit is to ensure that your marketing activities align with the firm’s overall strategic goals. This will help measure the success of marketing activities against defined benchmarks.

  • Review the firm’s strategic plan.
  • Identify specific marketing goals, such as increasing client acquisition, improving brand awareness, or
. . . [more]
Posted in: Legal Marketing

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.Canadian Appeals Monitor 2. Off the Shelf 3. PierreRoy & Associés 4. The Lean Law Firm 5. The Docket

Canadian Appeals Monitor
High-Stakes Securities Litigator Owais Ahmed Joins McCarthy Tétrault

To help clients successfully navigate their complex high-stakes securities litigation and commercial litigation matters, McCarthy Tétrault welcomes

. . . [more]
Posted in: Monday’s Mix

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.

FAILLITE ET INSOLVABILITÉ : La faillite réputée que semble avoir provoquée l’appelant dans le dessein de choisir qui allait agir à titre de syndic ne dépouillait pas la Cour supérieure de la compétence pour rendre une ordonnance de faillite; l’appel est rejeté.

Intitulé : Syndic de Poirier, 2024 QCCA 554 . . . [more]

Posted in: Summaries Sunday

Ready, Set, Go: Exploring the CAS Ad Hoc Division in the 2024 Paris Olympic Games

In the dynamic realm of international sports, conflicts and disputes frequently emerge, ranging from doping allegations to contested referee decisions. Resolving these issues swiftly and impartially is paramount to maintaining the integrity of sporting competitions. Enter the Court of Arbitration for Sport (CAS) headquartered in Lausanne, Switzerland, a pivotal institution tasked with adjudicating such disputes since its inception in 1983. Particularly noteworthy, considering the sports calendar for July 2024 is the CAS Ad Hoc Division, a specialized body established to ensure justice during the Olympics. This brief post delves into the intricacies of the CAS Ad Hoc Division, its . . . [more]

Posted in: Legal Information

AI and Public Services

Today, I read two articles that, at first, appear to be entirely unrelated to one another.

Technology – Another Drain on Public Resources?

First, this one:
Elizabeth Thompson, “Federal Government Plans to Increase its use of AI – With Some Big Exceptions” (CBC News, May 27, 2024), online.

I read this article with interest. I have a continuing concern about the persistent underfunding of our public services in this country.

I’ve seen it happen first hand, and have written about here. Technology companies come to the public sector looking to make millions. Technology companies step up to the . . . [more]

Posted in: Technology

Who’s Afraid of Little Old Me? an Exploration of a Mediator’s Influence

A mediation critic claims “mediators have no teeth”. This is to suggest that mediators have no power. The thinking being that a mediator’s lack of decision making renders them without authority.

Mediation is a process of self-determination for the parties participating in it. The mediator is a neutral facilitator, not an outcome imposer. For that reason, a mediator’s settlement rate is as misleading a statistic as a pitcher’s wins in baseball. Baseball fans know that a pitcher cannot earn a win without their team scoring runs, a task the pitcher is not involved in. Likewise, whether or not a case . . . [more]

Posted in: Dispute Resolution

Search Only the Table of Contents

If you are searching a looseleaf or text you may find it helpful to restrict your search to just the table of contents.

This can give you a more useful set of results, particularly in situations where the terms used are very common or have multiple meanings. However you may miss some relevant content if the table of contents doesn’t use the precise words or terms you are searching for.

Both Lexis+ and Westlaw Canada allow you to limit your search to the table of contents of a specific title.

Lexis+

In Lexis+, use the Table of Contents (TOC) only . . . [more]

Posted in: Legal Information

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. In All Fairness 2. Vincent Gautrais 3. The Court 4. BC Provincial Court eNews 5. Sport Law Blog

In All Fairness
Épisode 83 (in French): Série «Sous le feu» avec le juge Simon Ruel – La défense en justice pénale internationale

Au cours de cet entretien, Maîtres

. . . [more]
Posted in: Monday’s Mix

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.

ASSURANCE : La Cour d’appel estime que le juge de première instance n’a pas commis d’erreur en concluant que le titre «Suicide», sous lequel se trouve la clause d’exclusion en litige, n’était pas conforme aux exigences prévues à l’article 2404 C.C.Q.

Intitulé : Beneva inc. c. Bolduc, 2024 QCCA 589 . . . [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