Regular readers of our column may find it ironic that two individuals who have been writing about online dispute resolution (ODR) for years now would announce the death of ODR. Some would find an extra dose of irony in the fact that, in doing so, we took inspiration from the tittle of one of Richard Susskind’s most famous books, in which he heralds ODR as a saving grace for conflict resolution.

We’re obviously not claiming that using online platforms to aid in the resolution of disputes is already a thing of the past, it would go against everything we’ve . . . [more]

Ontario has an elaborate system that allegedly protects endangered species. Under the Endangered Species Act (ESA), endangered, threatened or extirpated species and their habitats cannot be harmed or destroyed, except by permit or if authorized under the regulations.

Leaving aside the massive exemption regulations for industry and agriculture that are presently under attack in the courts, endangered species and their habitats are supposed to be harmed only with the personal permission of the Minister of Natural Resources (MNR). Most regulatory permits in Ontario are issued by civil servants; requiring that endangered species permits be issued by the Minister personally underscores . . . [more]

According to the Energy & Policy Institute, Ontario is a world-wide hot-spot for litigation opposing wind energy. Opponents of wind power often have a heartfelt and deeply held belief that wind farms threaten their health and property values. But they have lost all Ontario legal cases based on concerns about human health, now including a constitutional challenge.

Wind farms have been actively expanding in Ontario since the Ontario Green Energy Act, 2009, took away municipal power to block wind farm development, and a Feed in Tariff for selling the resulting power provided a solid economic case. Such farms . . . [more]

During Conflict Resolution Week in October, Mediate BC Roster mediators made a number of presentations around the province about mediation. We tried to answer the public’s question: “What is Mediation?” That seems like a simple task – it is not.

First, “mediation” is not just one thing. It is a flexible tool that includes a variety of processes. Some practitioners have tried to catalogue the processes and to assign names (interest-based, facilitative, transformative, narrative, evaluative, rights-based, joint, shuttle, etc.). From the perspective of the people in conflict, each of these processes will look very different and the role of the . . . [more]

Canadians do not have access to justice. Access to justice is of foundational importance to Canadian society; access to justice is essential to the social and economic wellbeing of civil society. The civil justice system is too complex, too slow and too expensive. It is too often incapable of producing just outcomes that are proportional to the problems brought to it or reflective of the needs of the people it is meant to serve. The system is in crisis. The reforms to date are inadequate; change of a fundamental nature is required. An overhaul of the current system is required. . . . [more]

Does the public interest in environmental protection allow the sacrifice of the innocent? The Ontario Ministry of the Environment and Climate Change, and the Environmental Review Tribunal, think it does.

Few people, however innocent, can afford to appeal environmental orders, if they must also comply with the order throughout the appeal, with no prospect of recovering the funds even if the order is found to be illegal. A recent decision of the Ontario Environmental Review Tribunal (ERT) shows how difficult it has become to obtain a stay pending appeal of environmental orders in Ontario, with no immediate prospect of improvement. . . . [more]

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from sixty 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. Rule of Law  2. Combat Sports Law 3. Environmental Law and Litigation  4. Legal Post  5. IP Osgoode

Rule of Law
Can You Revoke a Quebec Notarial Will by Destroying a True Copy?

A notary in Quebec always retains the original of a notarial will and registers it under . . . [more]

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from sixty 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 Securities Law 2. First Reference Talks 3. Clio Blog 4. “AvoidAClaim” Blog 5. National Magazine Blog

Canadian Securities Law
Use of automatic plans to facilitate trading by company executives

Under Canadian securities laws, insiders of public companies such as officers and directors are generally restricted from trading in . . . [more]

The snow that’s currently blowing every which way is going to taper off at 5 p.m. and stop two hours later at 7. Then it’ll be partly cloudy for an hour (though dark, and, so, hard to tell in the city), after which the skies will be clear for the remainder of the night. This is not just my fond hope; it’s the hyperlocal weather forecast for this portion of my street taken straight off the face of my smart phone. We’ve come a long way, it would seem, from squinting up at the sky and asking the nearest farmer. . . . [more]

Each Monday we present brief excerpts of recent posts from five of Canada's award-winning legal blogs chosen at random* from forty-one 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. Wise Law Blog   2. Rule of Law   3. Michael Geist   4. Entertainment & Media Law Signal    5. Environmental Law and Litigation

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

LAWYERING IN AN AGE OF INTELLIGENT MACHINES
Marc Lauritsen
in Educating the Digital Lawyer, Marc Lauritsen & Oliver Goodenough Eds.
Cambridge, USA: Harvard Law School Program on the Legal Profession, 2010-2011

excerpt Chapter 2, pp. 7-10

§ 2.03 Implications for Legal Education

Law schools should offer courses in law practice automation and . . . [more]

Do governments owe us clean air and clean water? Many Canadians expect our government to protect us from contamination and other environmental harms in outdoor air, water and land. But is this a legal right?

The first formal recognition of environmental rights is found in the Stockholm Declaration, signed in 1972. Principle 1 recognizes our “fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being.” But this is international law, more of a statement of aspiration than a legal requirement.

David Boyd, one of Canada’s . . . [more]