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The only constant in life is change. To believe that over a decade, the practice of law would not change is perhaps the starting point of the flawed and depressing commentary provided by Howard Levitt in the Financial Post. I do not know him personally but I felt compelled to provide a counter version to his disappointing take on the current state of my profession.
Wednesday, January 22, 2020 @ 3:03 PM
The erosion of contingency based representation | Michael LesageWithin the Ontario justice system, no phrase is used more nor carries less meaning than “access to justice.” It was previously written into the Law Society Act by the government of the day. Meanwhile, more and more people are forced to face their legal problems without representation. In part, this is the result of the decreased feasibility of contingency based representation. ... [read more]
Tuesday, January 21, 2020 @ 3:09 PM
The dreaded prenuptial agreement: It’s the family’s business | Phil KriszenfeldThe “prenup agreement” is one of the many uncomfortable topics that may (and should) be brought up before a family member gets married. Ideally it should be brought up before the ring is even purchased. ... [read more]
Tuesday, January 21, 2020 @ 1:22 PM
Deadline nears for public input on medical assistance in dying | Nathan BakerMedical assistance in dying (MAiD), euthanasia, assisted suicide. The terms all evoke particular reactions in each person. People have intensely personal views on the matters and the law has evolved over time when dealing with the issue. ... [read more]
Tuesday, January 21, 2020 @ 1:08 PM
Class action proceedings and natural persons as defendants: Quebec Court of Appeal opines | Lawrence DavidIs a class action proceeding brought against a single natural person certifiable? ... [read more]
Tuesday, January 21, 2020 @ 12:27 PM
No clarity on early termination of fixed-term contracts | Stuart RudnerAn individual is hired to work for a company for a period of one year, perhaps as a replacement for someone on pregnancy/parental leave. Six months later, the company decides that it no longer needs them, perhaps because the employee on leave has decided to return early. If the company terminates the contract, how much notice or pay in lieu is the employee entitled to? And does the plaintiff have a duty to mitigate? We often say “it depends” but in this case, the answer may depend on where you are in the country. ... [read more]
Tuesday, January 21, 2020 @ 11:10 AM
Report on law society racial issues seriously challenged | Sam Goldstein“Lies, damn lies, and statistics,” Mark Twain wrote. Meaning, you can prove just about anything by manipulating numbers. Based on an analysis by Murray Klippenstein, a good example of Clemens’ hypothesis is the Challenges Facing Racialized Licensees report adopted by the Law Society of Ontario on Oct. 30, 2014, which was then used by the society to justify a wide range of policy recommendations, including the fugacious Statement of Principles. ... [read more]
Thursday, January 16, 2020 @ 2:03 PM
Shift from shareholder to stakeholder is upon us | Helle Bank JorgensenWorld leaders will soon be gathering in Davos, Switzerland, for the World Economic Forum. This year’s conversations will focus on strategic topics, including stakeholder responsibility, climate change, inequality and the stability of the world economy — the theme of this year's meeting being “Stakeholders for a Cohesive and Sustainable World.” ... [read more]
Wednesday, January 15, 2020 @ 10:45 AM
Why evolution of legal model desperately needed | Shama RafiqWhen it comes to access to justice, we often forget that the old law firm structures are a major deterrence to ensuring that anyone and everyone has a fair chance to having their day in court. ... [read more]
Tuesday, January 14, 2020 @ 12:49 PM
An evidence code to replace the many evidence acts | Ken ChasseAn evidence code is needed because, in R. v. Graat [1982] 2 S.C.R. 819, Justice Brian Dickson, delivering the judgment of the Supreme Court, stated: “We start with the reality that the law of evidence is burdened with a large number of cumbersome rules, with exclusions, and exceptions to the exclusions, and exceptions to the exceptions.” And now, that fragmentation of the law of evidence is much worse. ... [read more]
Monday, January 13, 2020 @ 2:52 PM
The impact of self representation: Long-term views | Gary JosephMuch of the debate surrounding the tidal wave of self representation has focused on the difficulties posed by untrained individuals before the courts. Cases, previously advanced on the basis of fact and law, now often become overly emotional battlefields for the vetting of marital discord. Separated spouses can be subjected to aggressive and unnecessary cross-examination by a self-represented individual and judges, vexed between neutral adjudication, maintaining the dignity of proceedings and fair treatment to all, are being drawn into the process in a manner not consistent with their historical common law role. ... [read more]
