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Friday, May 29, 2020 @ 1:12 PM

History made in Ontario courts: Nation Rise outcome youtube_court_sm

The first three articles of this five-part series on the history-making April 17 Divisional Court hearing in the Nation Rise Wind Farm Limited Partnership v. Ontario (Minister of the Environment, Conservation and Parks) 2020 ONSC 2984 judicial review was published in The Lawyer’s Daily recently. ... [read more]

Thursday, May 28, 2020 @ 1:16 PM

Canadian courts adapt to challenges of COVID-19 closed_COVID_sm

Over the past few months, Canadians have experienced unprecedented changes in all facets of their lives. As businesses, from restaurants to banks, have quickly shifted their operations to help flatten the curve, so to have our nation’s courts. ... [read more]

Wednesday, May 27, 2020 @ 12:10 PM - Last Updated: Wednesday, May 27, 2020 @ 12:30 PM

Post-pandemic austerity will require Ontario’s judicial system ‘to work smarter’: chief justice Ontario Chief Justice George Strathy

Ontario’s justice system will face a challenging period of austerity following the COVID-19 pandemic that will demand a new examination of efficiencies that goes beyond technology alone, Ontario Chief Justice George Strathy recently predicted. ... [read more]

Wednesday, May 27, 2020 @ 8:41 AM

Legal and ethical challenges of using AI in arbitration AI_handshake_sm

While artificial intelligence (AI) has immense potential in improving efficiencies in the field of arbitration, there are ethical and practical considerations that have yet to be fully considered before it can be the new norm. ... [read more]

Monday, May 25, 2020 @ 8:51 AM

Leading the way forward: Modernizing access to justice | Colin Stevenson

The winds of change have been blowing hard lately, but the saying “it’s an ill wind that blows no good” suggests that even something as thoroughly devastating and unwelcome as the COVID-19 pandemic can hopefully facilitate some positive change in the justice system. ... [read more]

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]