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Friday, May 22, 2020 @ 1:24 PM

Virtual mediation: Temporary or here to stay? | Stuart Rudner

While the technology has been around for a while, the need for virtual mediation was never as great as it is now. Previously, most litigators scoffed at the notion that a virtual mediation would be a worthwhile endeavour, but at the moment it is the only option and, more importantly, it has proven to be extremely effective. So, is virtual mediation just a temporary solution during these unprecedented times, or a viable alternative to the traditional in-person format? ... [read more]

Thursday, May 21, 2020 @ 3:12 PM

Post-COVID courts could see less oral advocacy, more paper-based and remote adjudication: SCC’s Wagner Chief Justice Richard Wagner

Canada’s top judge says the demands of a post-pandemic world will require an openness to innovation and the creation of a “new normal” in the justice system — one which could feature fewer opportunities for oral advocacy by lawyers, particularly in physical courtrooms and appellate courts; more frequent remote hearings and paper-based adjudication; and even the reduction or elimination of the civil jury trial in those provinces where it still exists. ... [read more]

Tuesday, May 19, 2020 @ 2:18 PM

Queen’s Law co-develops online legal tool for unemployed workers, employers

The Queen’s University Faculty of Law and the Smith School of Business at Queen’s have launched a free, online legal tool that could help some of the millions of Canadians who have lost their jobs as a result of the COVID-19 pandemic. ... [read more]

Tuesday, May 19, 2020 @ 8:35 AM

Avoiding mistakes: Estate planning technology plus and minus nails_bent_sm

As we discussed in the first article of this series, claims against wills and estates practitioners in Ontario have been on an upswing in the last decade. This is our second article on how technology can protect against malpractice claims. ... [read more]

Friday, May 15, 2020 @ 8:43 AM

Avoiding mistakes: How technology can help wills and estates practitioners nails_bent_sm

According to Ontario’s professional liability insurance provider, LawPRO, claims against wills and estates practitioners in Ontario have been on an upswing in the last decade, nearly doubling in frequency. As litigators who often prosecute claims against lawyers accused of negligence, we have observed first hand the types of mistakes that are often made. These mistakes generally stem from a failure to stay informed about the relevant law and/or to adopt and follow best practices when carrying out their duties. ... [read more]

Thursday, May 07, 2020 @ 2:01 PM

Machine learning speeds up virus coverage insurance reviews robot_reading_sm

A key task for lawyers representing their corporate clients over the next few months will be to review insurance policies for ways in which those clients can recover from their insurers. This means that we can all unfortunately expect to spend a lot more time deeply immersed in those lengthy documents. ... [read more]

Monday, May 04, 2020 @ 2:00 PM

History made in Ontario courts: More thoughts on virtual proceedings youtube_court_sm

In my first two articles in this series on Ontario’s virtual proceedings for the Nation Rise v. Minister of the Environment judicial review, I talked of observations and lessons learned from this latest use of technology. Here are some final thoughts. ... [read more]

Monday, May 04, 2020 @ 8:42 AM

COVID-19 and immigration law: Difficulties and opportunities COVID_stop_sm

With the world in isolation, perhaps no legal sphere is as acutely affected as the transnational practice of immigration law. Our field is dependent on the free movement of workers, family members, visitors and students across borders, to which the pandemic is anathema. ... [read more]

Thursday, April 30, 2020 @ 9:55 AM

History made in Ontario courts: Virtual proceedings on YouTube youtube_court_sm

In the weeks since the COVID-19 global pandemic closed Ontario’s physical court facilities, under the leadership of Ontario Superior Court Chief Justice Geoffrey Morawetz, history was made as virtual proceedings began to come to the fore. ... [read more]

Tuesday, April 28, 2020 @ 3:54 PM

CBA launches national task force to help with plans to reopen and improve justice system Vivene Salmon

Canadian Bar Association (CBA) president Vivene Salmon is chairing a new blue-ribbon national task force that will make recommendations for improving, and eventually gearing up, the justice system that has almost ground to a halt due to the COVID-19 pandemic. ... [read more]