Focus On



Wednesday, June 16, 2021 @ 8:50 AM

Why so many claims settle | Stuart Rudner

We know that only a tiny percentage of claims filed make it all the way to trial; I have always understood that it is less than two per cent. So why is it that so many cases settle before trial? Cost is often a big factor, but in many cases, it comes down to a decision between a known outcome that the parties can control vs. an unpredictable judgment sometime in the future. ... [read more]

Tuesday, June 15, 2021 @ 12:56 PM

Have Canadians been hoodwinked? | Murray Fallis

There are few things people like less than feeling actively deceived. Feeling misled, feeling hoodwinked, feeling as though things just aren’t what they believed. The introduction of Bill C-31 has left many with precisely that feeling. It has left us with hope for criminal justice policies that are unlikely to become real. As Minister of Public Safety and Emergency Preparedness Bill Blair knows, the Act to Amend the Criminal Records Act will not become law before the summer recess. If the rumours of an upcoming election are true, then this bill will surely die. ... [read more]

Monday, June 14, 2021 @ 8:38 AM

Four paths to more effective mediations | Rafeena Bacchus

The writer Don Miguel Ruiz has a medical degree and was a practising neurosurgeon when a car crash changed the course of his life. He became interested in a greater moral understanding, studied his ancestor’s traditions and became a shaman. His book, The Four Agreements, espouses the Toltec way, which is based on Mesoamerican wisdom. ... [read more]

Friday, June 11, 2021 @ 2:37 PM

Yours, mine and hours | Marcel Strigberger

This is a good a time as any to discuss time. As we lawyers say, “All we have to sell is our time.” I once had lunch with a colleague (remember that pre-COVID-19 ritual?) I asked Barry to spend a few extra minutes enjoying a second cup of tea. Barry, of my vintage, told me he bills $350 per hour. He noted this second cup would take 10 minutes to drink and ergo it would cost him about $60. ... [read more]

Friday, June 11, 2021 @ 1:34 PM

The Coach: Emergence of the ‘lawyerpreneur’ | Gary Mitchell

There is a new breed of lawyer that has emerged over the past couple of years. I call this new breed the “lawyerpreneur.” This lawyer thinks differently. They do not automatically go towards what is wrong or why something cannot work. They figure out how to make it work. They follow their instincts. They tap into their creativity. They have a drive and ambition to succeed — almost like a hunger to make their idea work.   ... [read more]

Thursday, June 10, 2021 @ 1:39 PM

Why Supreme Court got it right in extending the wall | Barry Bussey

In free and democratic societies, membership in a religious community is premised on freedom: the freedom of the individual to apply and the freedom of the community to accept (or reject) the applicant. That also means the individual is free to leave membership at anytime, just as the community is free to expel a member who no longer abides by its beliefs and practices. In other words, there is no right to join a specific religious community, nor to remain. There is no legal obligation flowing either way. ... [read more]

Wednesday, June 09, 2021 @ 2:15 PM

Why law firms should invest in their lawyers’ health | Rob De Toni

The time for change in the legal industry is now. No longer can law firms ask their lawyers to come to work, put their heads down and pump out huge billable hours just because that’s what the partners did and are still doing. ... [read more]

Wednesday, June 09, 2021 @ 1:57 PM

A call to the bar or a call to arms? | Murray Fallis

I recently sat down to a hot cup of black coffee and stumbled upon a note from the Law Society of Ontario. “Congratulations,” it read, “you have now completed the licensing process.” ... [read more]

Tuesday, June 08, 2021 @ 9:42 AM

The utility and viability of defence of provocation | Serena Eshaghurshan

In this article, I will discuss the contemporary discourse surrounding the defence of provocation. Some of this discussion is based on a paper I wrote last semester. In recent times, there has been concern that the defence is disproportionately used in gender-based violent crimes. ... [read more]

Monday, June 07, 2021 @ 1:52 PM

Unjustified rules for arranged employment of international program workers | Afshin Yazdani

In a historic and game-changing move, Immigration, Refugees and Citizenship Canada invited 27,332 candidates — i.e., every single person who was in the Express Entry pool under the CEC category — to apply for permanent residence. While this proved to be great for those with at least one year qualifying Canadian work experience, the CEC permanent residency program appears to discriminate against those designated as NOC 00. ... [read more]