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Thursday, August 16, 2018 @ 8:44 AM

Gathering the facts for class action reform in Ontario | Nye Thomas

It has been 25 years since the enactment of Ontario’s Class Proceedings Act (CPA). In that time, class actions have grown in number, complexity, impact…and controversy. ... [read more]

Wednesday, August 15, 2018 @ 2:02 PM

Law Reform: Your vulnerability is your strength | Elsa Ascencio

Almost a year ago, I went public with my story. I was living with depression while finishing law school and starting my articles at a prominent, union-side boutique firm in Ottawa. My peers were celebrating 3L as the “easy year” of their law school. But for me, 3L was a nightmare. I felt as if I was the only one suffering. In response, I turned to the most powerful weapon on earth — a pen and paper. ... [read more]

Monday, August 13, 2018 @ 9:26 AM

Access to Justice: How it’s looking on the ground | Thomas Cromwell

West Coast LEAF is a legal advocacy group whose mandate is to use the law to create an equal and just society for all women and people who experience gender-based discrimination. In other words, it is an organization dedicated to access to justice writ large. I was able to speak to Zahra Jimale, West Coast LEAF’s Director of Law Reform about its work, her conception of access to justice and, most importantly, how successful we’ve been in improving access to justice on the ground. Here is what she told me. ... [read more]

Friday, August 10, 2018 @ 8:44 AM

Systemic changes, not tougher laws needed to curb gun violence | Clayton Ruby

Okay. We’re feeling, as many of you must be as well, that guns are everywhere and that illegal handguns are out of control. We can’t accept that our future is one of plastic printed guns — with no metal parts — that could not be detected even going on an airplane. But why is this occurring and what can we do? ... [read more]

Wednesday, August 08, 2018 @ 1:00 PM

Articling interview ‘rules’ for women law graduates | Jasmine Daya

There were unspoken rules for females when I was in law school about what to say or more accurately what not to say during articling interviews. I graduated from law school 13 years ago, so I cannot say with certainty that these “rules” still exist, but I would be surprised if they had suddenly disappeared given the glacial pace of change in the legal profession. ... [read more]

Wednesday, August 08, 2018 @ 8:45 AM

Scorching open letter calls for culture shift at Immigration Division | Rebecca Lockwood

Along with 49 other immigration-refugee lawyers, I signed an open letter in support of the recent audit of the Immigration Division that called for change in the culture and practice of this branch of the Immigration and Refugee Board (IRB). The letter, like the audit, was straightforward in its conclusions: the ID does not uphold the standards of fairness and transparency expected in a decision-making body in charge of people’s life, liberty and security of person. And this needs to change. ... [read more]

Tuesday, August 07, 2018 @ 12:58 PM

Ambiguity in Bill C-78 signals child-centred focus | John-Paul Boyd

Two phrases from the recently tabled Bill C-78, the bill proposing sweeping and much-needed revisions to the Divorce Act, caught my eye the first time I read it: “substantially equal” and “vast majority.” Both terms arise in connection with the relocation provisions of the bill, and the burden of proof that shifts depending on the distribution of children’s time between their parents. The terms raise a number of interesting questions about certainty and ambiguity and what it means to live in a civil society governed by the rule of law. ... [read more]

Thursday, August 02, 2018 @ 8:33 AM

Make sure you can justify those restrictive covenants in employment agreements | Stuart Rudner

Is it fair to use a non-competition clause to shut someone out of an industry? What about a non-solicitation clause? Will courts even enforce such restrictions? ... [read more]

Wednesday, August 01, 2018 @ 11:05 AM

Province flexes its muscle by slashing Toronto City Council seats | John Mascarin and Monica Ciriello

A bombshell was dropped on the eve of municipal nomination day: Toronto City Council would be slashed from 47 members to 25 — not for future elections but for the upcoming election in 2018. Then on nomination day newly elected Premier Doug Ford called Toronto’s council “the most dysfunctional political arena in the country” and announced that his government would introduce a series of reforms to alter the structure of local government in Toronto. ... [read more]

Monday, July 30, 2018 @ 9:01 AM

Stop commoditizing real estate law | Sandra Bekhor

“Lowest cost guaranteed.” “Call now to get $100 off.” “Competitive legal fees.” “Affordable legal services.” That's what you get when you search for a real estate lawyer in Toronto. What’s more, these aren’t just organic search results. These are Google Adwords. That means lawyers are paying (quite the hefty fee) to get these advertisements out there. That’s not to say that they don’t work. They may indeed drive inquiries. But is that a sustainable way to market your practice? ... [read more]