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Tuesday, August 20, 2019 @ 10:19 AM

Retirement from SCC should not be a life sentence | Kyla Lee

Since the Trudeau ethics report was released last week, a small commotion has erupted in the legal community. The commotion centres around whether retired Supreme Court of Canada judges should be permitted to return to private practice and whether in doing so they can be weaponized against one another. ... [read more]

Friday, August 16, 2019 @ 8:54 AM

Happy birthday, law society | Sam Goldstein

A belated happy 222nd birthday to the Law Society of Upper Canada. On July 17, 1797, 10 lawyers gathered at the Wilson Hotel in Newark, Upper Canada, now Niagara-on-the-Lake to discuss how to better regulate the legal profession. ... [read more]

Wednesday, August 14, 2019 @ 1:50 PM

Using electronic records as evidence | Ken Chasse

Records are now the most frequently used kind of evidence in legal proceedings and for legal services. ... [read more]

Monday, August 12, 2019 @ 11:53 AM

Manhunt case important lesson on presumption of innocence | Kyla Lee

In what was the most interesting news story of the summer, all of Canada watched as police descended on Gillam, Man., to carry out a days-long manhunt for two young men from Port Alberni, B.C., believed to have committed up to three murders in northern B.C. ... [read more]

Monday, August 12, 2019 @ 11:05 AM - Last Updated: Monday, August 12, 2019 @ 12:09 PM

G7 leaders urged to protect lawyers from harm, ensure AI doesn’t oust human decision making Raymond Adlington

Next week bar association presidents from Canada and the other G7 nations will jointly urge their countries’ political leaders to legally protect lawyers and the confidentiality of the lawyer-client relationship, as well as to ensure that the emerging use of artificial intelligence (AI) and algorithms in legal decision making doesn’t harm human dignity, fundamental rights and access to justice. ... [read more]

Friday, August 09, 2019 @ 2:28 PM

Champerty in third-party litigation funding darkfacebehinddollars.jpg

The standard rule in Canadian civil litigation is that the loser pays a portion of the legal costs of the winning side. Such a rule does not make sense for class actions, including employee class actions. There is a single plaintiff in court who represents a large class of persons — the representative plaintiff. No sane representative plaintiff who might stand to gain $100 from the success of a class action is going to expose himself to the risk of an adverse cost award that could be over $1 million. ... [read more]

Thursday, August 08, 2019 @ 1:19 PM

How blind spots affect judgment in everyday legal practice Two heads grey

This is the final part of a three-part series discussing how cognitive biases and heuristics can affect everyday legal practice. Part one discussed the well-known concept of anchoring. Part two dealt with the concepts of framing and the illusory truth effect. This final chapter addresses the concept of “irrational escalation” and the “bias blind spot.” ... [read more]

Thursday, August 08, 2019 @ 11:36 AM

The man with the newspaper | Ron Dalton

One day a man gave me his used newspaper to read, he did the same for each of the next five days, hardly a monumental act of kindness but one which had an immediate and lasting impact on my life. It was the summer of 1988 and I had just been arrested for the murder of my wife, the mother of our three young children. I was sitting in a holding cell of the local RCMP detachment in a small rural Newfoundland town. ... [read more]

Tuesday, July 30, 2019 @ 2:36 PM

Coming to courtrooms near you: ‘Mulligan’ doctrine | Lawrence David

A quirky common law doctrine has been bubbling in the lower courts and, thanks to the Supreme Court of Canada’s (SCC) endorsement, is poised to hit the Canadian legal mainstream: this is the “mulligan” doctrine.   ... [read more]

Monday, July 29, 2019 @ 2:05 PM

Power of framing, illusory truths in everyday legal practice twoheadsteal

This is the second part of a three-part series discussing how cognitive biases and heuristics can affect everyday legal practice. Part one discussed the well-known concept of anchoring. This second part discusses two further concepts: “framing” and the “illusory truth effect.” These concepts are particularly relevant to effective advocacy. ... [read more]