This article was originally posted on Slaw.ca. Some law firms last year experienced record profits, despite the pandemic. Part of the growth in revenue was due to the increase in private arbitration. As courts struggled to adapt, more litigants turned to private solutions, like mediation and arbitration. In the article “As Trials Stalled, Shook Hardy … Continue reading The Alarming Privatization of Our Judicial System: The Need For More Resources
Do spite fences make good neighbours?
In the article, “Toughen Up, Buttercup” versus #TimesUp: Initial Findings of the ABA Women in Criminal Justice Task Force, Professor Maryam Ahranjani writes about the flight of women lawyers. In her article, Professor Ahranjani cites a Canadian study by Dr. Madon. In the study, titled “The Retention of Women in the Private Practice of Criminal Law … Continue reading Toughen Up Buttercup: The Flight of Women Lawyers from Private Practice
Recently “Zoom Cat-lawyer” revealed a lot about the legal profession. Its seriousness. Its humour (or lack thereof). Its low tolerance for mistakes. In the Zoom call, the lawyer was unable to quickly remove the filter by himself. The judge and opposing counsel seemed to have little patience for his technological incompetence. In “Think Again”, Professor … Continue reading Showing Vulnerability as a Lawyer: One Mistake at a Time
In “Town of Caledon v. Darzi Holdings Ltd., 2021 ONSC 985“, the Town of Caledon moved to hold the defendant in contempt of court. The plaintiff argued that the defendant was in contempt of court by failing to abide by a previous court order. The previous court order made by Justice Schabas contained multiple terms. … Continue reading Contempt of Court: Town of Caledon v Darzi
In an article by Slate.com, Pilar Escontrias proclaims “It’s time to see the bar exam for what it truly is: the relic of a racist club.” The bar exam in the United States has a “sordid history as one of the many racialized gatekeeping mechanisms into the practice of law. The legal profession was a virtually … Continue reading Is it Time to Rethink Lawyer Licensing, including the Bar Exam in Ontario?
In the decision Kulyk v Guastella, 2021 ONSC 584, Justice Myers addressed whether a criminal proceeding can stop the clock for a civil suit. In this case, the parties were former spouses. The criminal matter arose from allegations that the husband perpetrated fraud and assault. The civil matter arose from statements the former wife made … Continue reading Does a Criminal Proceeding Stop the Limitation Period Clock for a Civil Suit?
As we have seen in the last year, technology can improve access to justice. A new product called Courtbot is another great example of technology improving interactions with the courts. The new App Courtbot helps remind litigants of upcoming court appearances. It is a text-messaging App based in Oklahoma. According to its website, once clients text their … Continue reading Using Courtbot to Improve Attendance at Court
The ability of Big Tech companies to shut out one of the world’s loudest men, Donald Trump, is astonishing. The events of last week, including the mob storming the U.S. Capitol building, forces us to ask how should we regulate Big Tech? In the Harvard Business Review “How to Hold Social Media Accountable for Undermining … Continue reading The Need for Holding Big Tech Companies Accountable for Speech
In the recent decision Karasiewicz v Collins et al, 2020 ONSC 4601, the plaintiff brought a motion to enforce a settlement. The plaintiff commenced an action in February 2016, alleging constructive dismissal. Early on the parties exchanged settlement offers in correspondence. In 2020, the plaintiff accepted an offer that was about 3.5 years old and … Continue reading Do Settlement Offers Expire Years Later?