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Tuesday, July 13, 2021 @ 1:26 PM

The privacy officer: Don’t give me a legal memo, tell me what to do Corporate man protecting employees logo

Since privacy has been in the spotlight, businesses have been scrambling to get their house in order to minimize their risk exposure. Although privacy risk is not just a legal issue, c-suites are increasingly expecting in-house counsel to take over the privacy officer role. ... [read more]

Monday, July 12, 2021 @ 8:29 AM

Digital assets inventory: Making sense of volume Gold bars inside a laptop

Part one in this estate planning series introduced the subject of a digital assets inventory. This second part provides a deep dive on a digital assets inventory using examples from the Society of Trust and Estate Practitioners (STEP) inventory. Expect to see a version of the digital asset inventory everywhere client checklists and onboarding documents exist for financial, funeral, insurance, gift and estate planning. Coupled with this will be a swath of online tools and solutions to address a client’s growing online account inventory, bridging the estate planning and estate administration lifecycles. ... [read more]

Friday, July 09, 2021 @ 1:53 PM

Access to justice in estate law: Are we moving fast enough? Hand coming out computer screen signing document

The Accelerating Access to Justice Act, 2021 (AAJA) received royal assent on April 19. The changes implemented through this legislation touch on a wide range of sectors — from judicial appointments, to the organization of Ontario’s land tribunals, to estates law. The overarching goals of the legislation are to modernize processes and remove barriers in Ontario’s justice system. ... [read more]

Wednesday, July 07, 2021 @ 12:43 PM

Facilitating arbitration for intracorporate disputes: Consider the Philippines Flag of the Philippines with scales of justice

While most intracorporate disputes are arbitrable in Canadian and many other jurisdictions, generally there are no specific regimes for them. Yes, provincial arbitration statutes would apply. But certain issues particular to many intercorporate situations may prove problematic, particularly binding all potential parties and the efficient appointment of an arbitral tribunal in multiparty disputes. ... [read more]

Tuesday, July 06, 2021 @ 8:36 AM

Tribunals Ontario launches online tool to increase access to justice Doug Downey, Attorney General of Ontario

Tribunals Ontario has launched an online tool to help empower users with “tailored information about their rights and responsibilities and the rules and processes at the Landlord and Tenant Board (LTB).” According to the announcement, issued July 2, Navigate Tribunals Ontario “is a part of the Ministry of the Attorney General’s Justice Accelerated Strategy, which is speeding up access to justice and moving more services online.” ... [read more]

Friday, July 02, 2021 @ 1:18 PM

Holistic standards for unregulated profession of mediation | Julie Gill, Jennifer Daudlin and Tom Dart

The Family Dispute Resolution Institute of Ontario (FDRIO) is an interdisciplinary organization that provides certifications, networking and advocacy for family dispute resolution (FDR) professionals including, but not limited to, mediators, arbitrators, parenting co-ordinators, financial professionals and academics. ... [read more]

Wednesday, June 30, 2021 @ 12:53 PM

Litigation: Pandemic persuasion | Aavisa Butt

Many of us would argue that high school essentially taught us nothing for law school. Neither did university. It was the LSAT score and the GPA that mattered a lot. But little do you, or the next client you will represent in court, know that the education system did equip us with the most important skill for litigation. We do it every day, I’m doing it right now, and guess what? It worked. Because you’re still reading. ... [read more]

Wednesday, June 30, 2021 @ 9:15 AM

New Brunswick getting new courthouse with ‘cutting-edge technology’ Jill Green, New Brunswick minister of transportation and infrastructure

New Brunswick is building a new Fredericton courthouse, complete with “smart” technology for a post-pandemic world. ... [read more]

Tuesday, June 22, 2021 @ 8:14 AM

Mediation: The unregulated profession | Gary Joseph

Recent amendments to family law legislation have led to an increased emphasis on negotiated settlements. Mediation, while already prevalent in family law, will become more so. Yet mediators are not regulated in any meaningful way. Mediation courses abound and anyone can become a mediator. The Law Society of Ontario (I continue to hate that name but the counterculture succeeded in stripping us of the moniker: members of the Law Society of Upper Canada) regulates lawyers and paralegals. The Ontario government amended legislation to govern family law arbitrators but yet nothing meaningful exists to regulate mediators. ... [read more]

Monday, June 21, 2021 @ 8:08 AM

National Indigenous Peoples Day: A time for action | Brad Regehr

It has been a few weeks since the discovery of the bodies of 215 children in unmarked graves on the grounds of a former residential school in Kamloops, B.C. Many people have expressed their shock and outrage, but in the absence of a concrete next step it’s hard to maintain that level of anger against a seemingly intractable problem. ... [read more]