“Peremptory challenges, by enabling each side to exclude those jurors it believes will be most partial toward the other side, are a means of eliminat[ing] extremes of partiality on both sides… assuring the selection of a qualified and unbiased jury.” – Justice Scalia in Holland v Illinois. On October 7, 2020, the Supreme Court of Canada … Continue reading Do Peremptory Challenges Help Make a Jury More Impartial?
Ontario’s courts are embracing electronic filing for cases. Currently, you can file many types of civil documents online and can file material for reference during a hearing. The two main systems being used are the Civil Submissions Online Portal (to file documents) and CaseLines (for electronic use of documents during hearings). To learn more about … Continue reading Electronic Court Filing in Ontario is Becoming More Common
Internet trolls are pervasive. Their comments can be found on websites, Apps (like Instagram), and online groups. “Once a message enters cyberspace, millions of people worldwide can gain access to it. Even if the message is posted in a discussion forum frequented by only a handful of people, any one of them can republish the … Continue reading Should We Clean Up Bad Speech With Artificial Intelligence Before It Happens?
“A litigation culture has arisen in this province over the last three decades which extols creating and litigating peripheral procedural disputes, instead of moving towards the timely adjudication of disputes on their merits. That culture now lauds, as the skilled barrister, the motions specialist, not the final hearing expert.” – Justice David M. Brown Given the … Continue reading New Culture Shift Towards Scheduling Court Motions in Ontario
It has recently been reported that jury trials may resume soon. The Toronto Star reported the following: “Canada’s justice system has no intention of holding Zoom jury trials — or cancelling them. That means … thousands of others may soon find themselves called into an Ontario courthouse, reporting for jury duty amid the ongoing pandemic … Continue reading Online Juries?
Recently, the Ontario government has made large strides in introducing CaseLines and the Court Case Search Portal. CaseLines operates in conjuction with existing conference tools, like Zoom. It is a document sharing platform. CaseLines is not an e-filing system. It is a platform that will require parties to upload documents in advance of a hearing. At this time, … Continue reading Details on CaseLines – New Ontario Electronic Court System
The delivery of legal services is changing. Author Mark Cohen writes in “Big Money is Betting on Legal Industry Transformation” that law is a trillion dollar market with no Goliaths. The industry is fragmented and ripe for transformation. Law firms are becoming a smaller segment of the legal supply chain. Cohen predicts that “the hegemony … Continue reading Advice for New Lawyers in a Changing Legal Market
In the “Vanishing Trial: The Era of Courtroom Performers and the Perils of its Passing”, trial lawyer Robert Katzbergreminds readers of the importance of the jury trial, why it is in danger of vanishing, and what makes a good trial lawyer. His arguments are grounded in stories from his experience of being a trial lawyer for … Continue reading The Vanishing Trial: The Era of Courtroom Performers and the Perils of its Passing
Past Ontario Bar Association president David Sterns argues that we should defund the Ontario Civil Rules Committee. In its place we should involve new voices and take an inter-disciplinary approach to building the committee. I agree. We need to either supplement or change the Civil Rules Committee. We must look towards engaging new people. Let’s not just … Continue reading Should We Defund the Civil Rules Committee in Ontario?
This June 2020, I had the opportunity to speak to Global Lawyers of Canada about grit and happiness in the law. I was so honoured to speak to the group about my research. Above is a video of our presentation. Below are links to previous blog posts outlining my research on growing grit and happiness … Continue reading The Power of Grit and Happiness in the Law: Speaking to Global Lawyers of Canada