Toughen Up Buttercup: The Flight of Women Lawyers from Private Practice

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

The Need for Holding Big Tech Companies Accountable for Speech

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

Taking Mental Health Seriously: A Review of the American National Judicial Stress and Resiliency Survey

It was recently reported in the Law Times that the isolation experienced during the pandemic is worsening lawyers’ mental health. Similarly, the American Bar Association released a study (conducted pre-pandemic) showing that judges are experiencing severe stress. The National Judicial Stress and Resiliency Survey showed that: almost 4 out of 10 judges reported stress from fatigue and low energy. 1 in … Continue reading Taking Mental Health Seriously: A Review of the American National Judicial Stress and Resiliency Survey

Do Peremptory Challenges Help Make a Jury More Impartial?

“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?

Should We Clean Up Bad Speech With Artificial Intelligence Before It Happens?

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?

New Culture Shift Towards Scheduling Court Motions in Ontario

“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

Details on CaseLines – New Ontario Electronic Court System

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

Should the Government Grant Immunity From Civil Lawsuits Related to COVID-19?

The Ontario government is considering granting immunity from civil lawsuits related to COVID-19. Other jurisdictions have already done so to varying degrees. In New York, Governor Cuomo signed legislation immunizing health care providers for medical decisions that they make in the course of treating victims of the pandemic. (Reported in the New York Times.) Similarly, in British … Continue reading Should the Government Grant Immunity From Civil Lawsuits Related to COVID-19?

Ontario Court of Appeal Hearing Some Appeals in Writing

In 4352238 Canada Inc. v. SNC-Lavalin Group Inc., 2020 ONCA 303, the Ontario Court of Appeal heard arguments on whether an appeal should be heard in writing only.  Deviating from the usual mode of oral and written submissions. The appellant objected to the matter being heard only in writing. Despite the objection, the court held that … Continue reading Ontario Court of Appeal Hearing Some Appeals in Writing

Virtual Identification, Verification, and Witnessing of Clients During COVID-19

During the OBA Law Practice Management Section series we discussed Virtual identification of client identity: What tools are you using?. You are required to identify your client when you provide legal advice. Identifying the client means obtaining certain basic information about your client and any third party instructing you. This information includes items like the … Continue reading Virtual Identification, Verification, and Witnessing of Clients During COVID-19