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Slaw @slawdotca.bsky.social · 18h
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Book Review: Leading in the Law With Emotional Intelligence: The Path to Becoming a Twenty-First-Century Leader
Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law. Leading in the Law with Emotional Intelligence: The Path to Becoming a Twenty-First-Century Leader. By Rob Durr & Cliff Zimmerman. Durham, NC: Carolina Academic Press, 2025. 342 p. Includes index. ISBN 9781531029654 (softcover) US$49.50; ISBN 9781531029661 (eBook) US$39.60. Reviewed by Marnie Bailey Manager, Knowledge Services Fasken Martineau DuMoulin LLP Emotional intelligence, . . . [more] The post Book Review: Leading in the Law With Emotional Intelligence: The Path to Becoming a Twenty-First-Century Leader appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 07/10/2026
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Wednesday: What’s Hot on CanLII? – September 2026
Each month, we tell you which five English-language cases and French-language cases have been the most viewed* on CanLII in the previous month and we give you a small sense of what the cases are about using CanLII-published AI-generated summaries of the case or case excerpts. For this past month, the five most-consulted English-language decisions were: 1. Kerr v. Baranow, 2011 SCC 10 AI-generated summary: Facts: Two unmarried partners cohabit for about 12 years and have two children together. The female partner leaves employment to relocate and assumes most childcare and domestic labour while the male partner builds a . . . [more] The post Wednesday: What’s Hot on CanLII? – September 2026 appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 07/10/2026
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Holding Serve With AI
There’s plenty of evidence to suggest that outsourcing your cognitive processes to AI — whether by letting it do your writing or thinking or analyzing for you — is a bad idea. Partly, of course, this is because the AI might do a poor job of it, leaving you on the hook for badly reasoned arguments or banally worded text. In the bigger picture, though, the worry is that by delegating your thought processes to a machine, your own cognitive muscles will atrophy, and you’ll be less able to apply acute reasoning when you don’t have the AI to rely . . . [more] The post Holding Serve With AI appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 06/10/2026
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The “Standard” Agreement to Mediate
Mediators are often asked by parties or their counsel to send them a copy of their “standard Agreement to Mediate” for review. But is there such a document? If by “standard” we mean some prescribed form followed by all mediators, the answer is no. Virtually every mediator has his or her own Agreement. Some are based on agreements provided in mediation training, while others are quite customized. This article has its origin in a recent mediation. One of the three lawyers attending had clearly not read the Agreement to Mediate, although it had been sent to him weeks earlier. When . . . [more] The post The “Standard” Agreement to Mediate appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 05/10/2026
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The Court of Appeal’s Consideration of Sault Dock: A New Test, Refinement or More of the Same?
INTRODUCTION The Ontario Court of Appeal’s (“CA”) recent decision in Knauff v. Ontario (Human Rights Tribunal) (“Knauff”) sought to resolve two CA panels’ disagreement about the continuing relevance of the test for leave to appeal in Sault Dock Co. Ltd. and City of Sault Ste. Marie (Ont. CA) (“Sault Dock”). (I considered the two CA decisions, West Whitby Landowners Group Inc. v. Elexicon Inc. [“West Whitby”] and Davis v. Aviva General Insurance Company [“Davis”] in my January 7, 2025 Slaw post, “Tension on the Ontario CA: Thwarting a Judicial Coup?”.) My focus . . . [more] The post The Court of Appeal’s Consideration of Sault Dock: A New Test, Refinement or More of the Same? appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 04/10/2026
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Summaries Sunday: SOQUIJ
Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec. PÉNAL (DROIT) : L’omission de la juge de première instance d’aborder le critère du consentement de l’accusé à la présence de l’arme à l’intérieur du véhicule dans lequel il était passager constitue une erreur de droit; il y a lieu d’appliquer la disposition réparatrice (art. 686 (1) b) (iii) C.Cr.). . . . [more] The post Summaries Sunday: SOQUIJ appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 04/10/2026
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Summaries Sunday: Supreme One-Liners
As a supplement to our Sunday Summary each month, Supreme Advocacy LLP in Ottawa presents Supreme One-Liners, a super-short descriptive guide to the most recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers its more comprehensive weekly electronic newsletter, Supreme Advocacy Letter, summarizing all Appeals, Oral Judgments and Leaves to Appeal granted. Leaves to Appeal Granted Criminal Law: NCR; High Risk G. v. R., 2025 ONCA 873 (42341) High-risk accused designation in NCR context. Criminal Law: Restraint & Management Orders Nest Exchange Limited (formerly known as Nest Services Limited), et al. v. R., 2025 ONSC . . . [more] The post Summaries Sunday: Supreme One-Liners appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 02/10/2026
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When Strategy Is Not the Problem. Translation Is.
Professional services firms spend a lot of time developing strategy. There are leadership retreats, partner interviews, market assessments, client discussions and competitive reviews. There are conversations about growth, succession, technology, culture, new markets and the future of the firm. Once the strategic plan emerges and the most significant priorities identified, the plan is presented to the partnership, everyone agrees, and then everyone goes back to work. So why do so many firms that created a perfectly good strategic plan, struggle so much with execution? This is typically because the strategy exists at one level of the organization while the work . . . [more] The post When Strategy Is Not the Problem. Translation Is. appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 30/09/2026
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Researching Beyond the Familiar: An Interview With Professor Seánna Howard
For Professor Seánna Howard, Director of the International Human Rights Advocacy Workshop, international legal research begins with a simple but important recognition: the most valuable sources are not always the most familiar ones. Her research has taken her to Tucson, where she joined the renowned Indigenous Peoples Law and Policy (IPLP) Program at the University of Arizona College of Law. Along the way, she has worked as an advocate, lawyer, researcher, independent expert, and educator on issues involving Indigenous Peoples, international human rights law, and social justice. Her work also reflects the importance of developing research strategies for areas . . . [more] The post Researching Beyond the Familiar: An Interview With Professor Seánna Howard appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 29/09/2026
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The Role of Mental Illness in Lawyer Regulation (In Ontario)
Can a lawyer be disbarred for misconduct that is directly caused by mental illness? Until recently, my educated guess would have been no. In May and June of 2026, a Hearing Panel of the Ontario Law Society Tribunal issued an important pair of decisions that carefully and deliberately resynthesize the role and impact of mental illness in lawyer regulation.[1] These decisions set out and apply a “unified approach” to alleged misconduct by lawyers where mental illness may be a factor.[2] At first glance, this new approach seems to reject case law, including case law by the Appeal Panel . . . [more] The post The Role of Mental Illness in Lawyer Regulation (In Ontario) appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 28/09/2026
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Iranian Lawyers Under Attack in Iran and Abroad
Preoccupation with the ongoing armed conflict in Iran has diverted attention from the grim aftermath of Iran’s nation-wide protests that began on 28 December 2025, during which tens of thousands of protestors were killed, arrested, or disappeared. Lawyers were prevented from reaching their detained clients. Lawyers themselves were among those detained simply for trying to do their jobs. Protestors are now being tried without legal representation before courts that lack any semblance of independence or impartiality. Frequent executions are now being carried out following hasty and grossly unfair proceedings. Dissidents who flee Iran may be subjected to transnational repression in . . . [more] The post Iranian Lawyers Under Attack in Iran and Abroad appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 27/09/2026
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Summaries Sunday: Supreme One-Liners
As a supplement to our Sunday Summary each month, Supreme Advocacy LLP in Ottawa presents Supreme One-Liners, a super-short descriptive guide to the most recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers its more comprehensive weekly electronic newsletter, Supreme Advocacy Letter, summarizing all Appeals, Oral Judgments and Leaves to Appeal granted. Leaves to Appeal Granted Arbitration: Same-Issue Estoppel; Standard of Review Vancouver School District No. 39 v. Kingsgate Property Ltd., et al., 2026 BCCA 98 (42350) Same-issue estoppel & standard of review in arbitration context. Family Law: Common Law Relationships Tanguay v. Zicat, 2025 QCCA . . . [more] The post Summaries Sunday: Supreme One-Liners appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 27/09/2026
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Summaries Sunday: SOQUIJ
Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec. PÉNAL (DROIT) : Dans une affaire de voies de fait graves commises à l’endroit d’une inconnue à la sortie d’un bar, en se limitant à énoncer les conséquences indirectes de la peine et en les qualifiant de facteurs neutres, sans les analyser véritablement dans l’exercice de détermination de la peine, . . . [more] The post Summaries Sunday: SOQUIJ appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 25/09/2026
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Trade Secrets as an Alternative to Patent Protection
A perpetual question from clients is whether a new development should be protected by filing a patent application or kept as a trade secret? Patents are granted by national patent offices for new, useful and not obvious inventions. Patents require a full and public description of the idea and the details needed by a skilled person to put that idea into practice. For example, Section 27(3)(c) of the Patent Act requires that for machines, the patent “explain the principle of the machine and the best mode in which the inventor has contemplated the application of that principle”. This quid pro . . . [more] The post Trade Secrets as an Alternative to Patent Protection appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 24/09/2026
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Electronic Transferable Records – Canada Steps Up
The new federal omnibus bill on the economy – Bill C-39, the Building Canada Strong Act – contains in Part 2 (“Keep Canada Moving”) Division 8, the Enabling Digital Trade Act. This text implements for international trade in Canada the UNCITRAL Model Law on Electronic Transferable Records (MLETR). It allows, though does not require, the use of electronic versions of transferable records. Transferable records transfer title to the goods or sums mentioned in them by the transfer of the records themselves. Bills of lading are a common example, promissory notes another. The provisions are a pretty straighforward reproduction of MLETR. . . . [more] The post Electronic Transferable Records – Canada Steps Up appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 24/09/2026
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Book Review: How to Succeed (And Stay Human) in Law School: Pathways to Happiness and High Performance in the Study and Practice of Law
Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law. How to Succeed (and Stay Human) in Law School: Pathways to Happiness and High Performance in the Study and Practice of Law. By Lynda Collins. Toronto: Emond, 2025. 160 p. Includes appendices and selected resources. ISBN 9781774625590 (softcover) $31.00; ISBN 9781774625606 (eBook) $31.00. Reviewed by Katarina Daniels Research Lawyer, Library Services . . . [more] The post Book Review: How to Succeed (And Stay Human) in Law School: Pathways to Happiness and High Performance in the Study and Practice of Law appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 23/09/2026
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RECLAIM: M Is for Meaning
This is the final article in my series on RECLAIM, a cultural operating system for law firms. Having worked through Respect, Equity, Clarity, Learning, Autonomy and Inclusion, I finish on the element the rest of them point toward: M for Meaning. (You can find full list of articles here.) I hear from lawyers all the time that the greatest satisfaction comes from using their knowledge and judgment to solve a client’s problem or get a client the result they wanted. This is meaning. Meaning is what people reach for once the essentials are covered. Martin Seligman and . . . [more] The post RECLAIM: M Is for Meaning appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 22/09/2026
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Invisible Ink: Claude Watermarking and the Canadian Legal Profession
One of the recurring themes of this column has been the extent to which the governance of artificial intelligence in Canada is increasingly being shaped by institutions outside the country while regulatory action within the country is largely stalled. Anthropic’s recent announcement that future versions of Claude will place an invisible watermark in generated text offers the most recent example of this phenomenon. A transparency requirement enacted in the European Union will alter the operation of Claude globally and may therefore leave a detectable signal in legal work prepared in Canada, including work produced through specialized legal-focused AI platforms that . . . [more] The post Invisible Ink: Claude Watermarking and the Canadian Legal Profession appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 21/09/2026
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Monday’s Mix
Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Canadian Combat Sports Law Blog 2. PierreRoy & Associés 3. Canadian occupational health & safety law 4. Legal Feeds 5. ABlawg.ca Canadian Combat Sports Law Blog Study – Brain Damage in Strikers vs Grapplers A recent study conducted neuropsychological testing on a group of strikers and grapplers. . . . [more] The post Monday’s Mix appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 20/09/2026
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Summaries Sunday: SOQUIJ
Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec. FAILLITE ET INSOLVABILITÉ : La créancière hypothécaire est autorisée à poursuivre l’exécution du jugement ayant autorisé la vente sous contrôle de justice d’un immeuble, principal actif de la débitrice, qui a été rendu avant que celle-ci ne dépose son avis d’intention; exerçant le pouvoir discrétionnaire que lui reconnaît l’article 69.4 . . . [more] The post Summaries Sunday: SOQUIJ appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 20/09/2026
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Summaries Sunday: Supreme One-Liners
As a supplement to our Sunday Summary each month, Supreme Advocacy LLP in Ottawa presents Supreme One-Liners, a super-short descriptive guide to the most recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers its more comprehensive weekly electronic newsletter, Supreme Advocacy Letter, summarizing all Appeals, Oral Judgments and Leaves to Appeal granted. Appeals Elections: Irregularities Sinclair-Desgagné v. Canada (Chief Electoral Officer), 2026 SCC 31  (42076) Federal election irregularities; annulment. . . . [more] The post Summaries Sunday: Supreme One-Liners appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 18/09/2026
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Busting Myths About Children’s Capacity to Meaningfully Participate
The Society for Children and Youth of BC (SCYBC) recently published a series of research papers on child capacity in the context of children’s participation rights [Note 1]. The papers examine capacity generally and in four specific contexts: health care, mental health, family law, and child welfare and adoption. Why does this matter? Traditionally, we have tended to assume that a child must first demonstrate sufficient “capacity” before being permitted to meaningfully participate in decisions affecting their life. And capacity has often been assessed primarily through the lens of cognitive ability. The SCYBC reports challenge both assumptions. I found them . . . [more] The post Busting Myths About Children’s Capacity to Meaningfully Participate appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 16/09/2026
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Claiming What’s Ours: Preserving the “Public” in the Public Domain
December 30, 2022 was a momentous day in Canada’s copyright history, although it may not have been on the radar of the majority of the Canadian public. That is the date that the term of copyright protection in Canada changed to align with that of the United States, a requirement of the Canada-US-Mexico (CUSMA) trade agreement that came into force on July 1, 2020. Previously, Canada had the shortest copyright term of the three North American countries: the life of the author plus an additional 50 years. The CUSMA agreement forced the extension of that term to life plus 70 . . . [more] The post Claiming What’s Ours: Preserving the “Public” in the Public Domain appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 15/09/2026
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Access to Legal Services: From Sisyphean Quest to a Sustainable Community
“The Access to Legal Services Boulder Was Never the Point” BC Day 2025 Origins Like many things Amici Curiae Friends of Court (AC) does, it starts with my waking up one morning and thinking to myself, hmmm, I think we could do better improving the services we provide British Columbians. BC Day 2025 was no different. For many of us who are working in the access to justice ecosystem, solving these complex issues can feel Sisyphean. Sisyphus was a legendary king who was condemned by Zeus and the gods eternally for his cleverness, to repeatedly roll a heavy rock up . . . [more] The post Access to Legal Services: From Sisyphean Quest to a Sustainable Community appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 14/09/2026
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Monday’s Mix
Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Double Aspect 2. Civil Resolution Tribunal blog 3. David Whelan 4. Know How 5. The Court Double Aspect How Power Corrupts VI In years past, I had an occasional series of posts going to address the various meanings and implications of “Lord Acton’s Dictum” — power tends . . . [more] The post Monday’s Mix appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 13/09/2026
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Summaries Sunday: SOQUIJ
Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec. PÉNAL (DROIT) : Il y a lieu d’intervenir à l’égard de la décision ayant déclaré l’appelant coupable à la fois de l’infraction de proxénétisme prévue par l’article 286.3 C.Cr. et d’avoir obtenu les services sexuels du plaignant moyennant rétribution en vertu de l’article 286.1 C.Cr., cette décision étant erronée en . . . [more] The post Summaries Sunday: SOQUIJ appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 13/09/2026
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Summaries Sunday: Supreme One-Liners
As a supplement to our Sunday Summary each month, Supreme Advocacy LLP in Ottawa presents Supreme One-Liners, a super-short descriptive guide to the most recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers its more comprehensive weekly electronic newsletter, Supreme Advocacy Letter, summarizing all Appeals, Oral Judgments and Leaves to Appeal granted. Leaves to Appeal Granted Criminal Law: Post-Verdict Sentencing Delay R. v. R.B.-C., 2026 SCC 30 (41677) Clarification re post-verdict sentencing delay. . . . [more] The post Summaries Sunday: Supreme One-Liners appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 11/09/2026
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Joy Wears Groucho Marx Glasses
Last night, I danced the night away on a Toronto rooftop with 500 other women at a sober rave. The bass pounded up through the floor, spreading from our feet to our hearts. We moved, sang, drank slushies, laughed. We connected. It was joyous. In the way that people often think of joy. It was loud and boisterous and … obvious. There are quieter joys in life. I love slipping into used bookstores. Breathing in the musty, paperback smell while I look around till I get a good feeling from a dilapidated book by an author I don’t know. A . . . [more] The post Joy Wears Groucho Marx Glasses appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 10/09/2026
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Book Review: Genocide in International Law: The Crime of Crimes
Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law. Genocide in International Law: The Crime of Crimes. By William A. Schabas. 3rd ed. Cambridge: Cambridge University Press, 2025. xvi, 879 p. Includes abbreviation list, bibliographic references, and index. ISBN 9781009460811 (hardcover) $273.39; ISBN 9781009460781 (softcover) $120.95; 9781009460828 (eBook) $105.00. Reviewed by Emily Landriault Research Librarian (Law) Brian Dickson Law . . . [more] The post Book Review: Genocide in International Law: The Crime of Crimes appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 09/09/2026
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Push Button Access to Justice: Too Much of a Good Thing?
Ease of access to justice is a good thing but can there be too much access? The Employment Tribunals in the United Kingdom have discovered the downsides of generative Artificial Intelligence (AI) with an inundation of interim applications for relief. The tsunami of recent applications prompted the issuing of new guidance. Before we get to the tools the employment tribunals have devised to attempt to address the issue, it is worth talking about friction in dispute system design. “Friction” is the effort, steps or complexity involved in completing an action: “Every extra step between intention and action . . . [more] The post Push Button Access to Justice: Too Much of a Good Thing? appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 08/09/2026
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Meanwhile, Law Publishing Life Goes On
The often-blurred lines, as among legal information publishing, legal information technology, legal research tools and beyond, certainly give the impression that the only serious moving and shaking is that which focuses on artificial intelligence, though perhaps almost exclusively at the top end of the legal practice market. It would be safe to suggest, however, that even if law publishing activity is not as we have known it in the past, reports of its death may have been somewhat exaggerated. In recent times, my attention has been grabbed by online soliciting from UK law publishers, among them, for example, . . . [more] The post Meanwhile, Law Publishing Life Goes On appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 07/09/2026
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Monday’s Mix
Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Great LEXpectations 2. Canadian Class Actions Monitor 3. Robichaud’s Criminal Law Blog 4. Doorey’s Workplace Law Blog 5. Precedent: The New Rules of Law and Style Great LEXpectations New King’s Bench Practice Direction Where an individual seeks a variation of an order for release issued by the . . . [more] The post Monday’s Mix appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 06/09/2026
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Summaries Sunday: Supreme Advocacy
One Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all Appeals, Oral Judgments and Leaves to Appeal granted from June 26 – August 31, 2026 inclusive. Appeal Civil Litigation: Spoliation of Evidence SS&C Technologies Canada Corp. v. Bank of New York Mellon Corp, 2024 ONCA 675; 2026 SCC 29 (41543) July 31, 2026 Spoliation is the intentional destruction, alteration, mutilation, or concealment of evidence . . . [more] The post Summaries Sunday: Supreme Advocacy appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 06/09/2026
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Summaries Sunday: SOQUIJ
Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec. PÉNAL (DROIT) : Après l’incident survenu à la fin du procès lors duquel 2 boîtes ont été déposées par erreur dans la salle de délibération du jury, l’enquête menée par la juge était suffisante. Intitulé : Theus c. R., 2026 QCCA 1107 Juridiction : Cour d’appel (C.A.), Montréal Décision de . . . [more] The post Summaries Sunday: SOQUIJ appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 04/09/2026
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Tips for Avoiding Catastrophic Language
In my last post, The Dangers of Catastrophizing in Client Communications, I outlined the negative impact of catastrophizing on lawyer well being. While lawyers need to predict outcomes and envision worst-case scenarios, several conditions such chronic pain, anxiety, depression and fatigue are exacerbated by catastrophic thinking. I proposed that our catastrophic thinking could bleed into our client communications and cause them similar harm. We must strike a balance between utilizing our catastrophizing skillset and delivering options to clients in a way that allows them to make informed decisions without causing unnecessary anxiety. Substituting catastrophic language with more neutral language . . . [more] The post Tips for Avoiding Catastrophic Language appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 03/09/2026
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The Argument for Encouraging Student Use of AI in First-Year Law
A consensus is emerging in law schools across Canada and the US that AI has no place in teaching the core curriculum, because it impedes student learning, especially in first year. Schools are beginning to follow the University of Chicago’s lead in banning AI in first-year core courses. Some profs are also banning laptops in classrooms — taking every precaution to shield students’ developing minds from the corrosive effects of AI. Michael Plaxton, one of the leading voices in Canada thinking through the many challenges AI poses to legal education, crystallizes the argument: “The case for law schools must be . . . [more] The post The Argument for Encouraging Student Use of AI in First-Year Law appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 02/09/2026
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Wednesday: What’s Hot on CanLII? – August 2026
Each month, we tell you which five English-language cases and French-language cases have been the most viewed* on CanLII in the previous month and we give you a small sense of what the cases are about using CanLII-published AI-generated summaries of the case or case excerpts. For this past month, the five most-consulted English-language decisions were: 1. Baker v. Van Dolder’s Home Team Inc., 2026 ONCA 568 AI-generated summary: Facts: An employee works as a controller and head of finance under an employment contract containing “without cause” and “with cause” termination provisions. Van Dolder terminates the employee’s employment without . . . [more] The post Wednesday: What’s Hot on CanLII? – August 2026 appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 02/09/2026
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The Law Firm Series
My five-part “The Law Firm” series frames issues and proposes solutions to the global legal service market’s juggernaut triplets – Artificial Intelligence, Pricing, and Talent Transience. For some unfathomable reason, many law firms have tended not to run as businesses, choosing instead to emphasize top line revenue rather than bottom line profitability. This is one of the reasons why many law firms have historically considered themselves to be successful. Ironically, it is also why law firm mergers and acquisitions have increased with the speed of summer lightning of late as have insolvencies and failures. The Juggernaut Triplets The juggernaut triplets . . . [more] The post The Law Firm Series appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 31/08/2026
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Monday’s Mix
Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. ABlawg.ca 2. Crossroad Family Law Blog 3.The Court 4. Hull & Hull Blog 5. Risk Management & Crisis Response ABlawg.ca Intimate Image Abuse in the Age of Deepfakes: Reforming Alberta’s Civil Legislation: Part 1 One in ten American teenagers personally knows someone who has had deepfake . . . [more] The post Monday’s Mix appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 31/08/2026
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The Learning Opportunities We Don’t Plan For
The beginning of another academic year has me reflecting on what more we can give students beyond the curriculum. We spend considerable time thinking about what students need to know and what they need to be able to do. We develop learning outcomes, create assignments, design simulations, evaluate learning, and provide feedback. All those things are important. However, some of the most valuable learning opportunities are not found in the curriculum at all. Sometimes, they arrive in an email. I remember an interaction with a student from several years ago. The student had sent a series of emails that were, . . . [more] The post The Learning Opportunities We Don’t Plan For appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 30/08/2026
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Summaries Sunday: SOQUIJ
Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec. PÉNAL (DROIT) : La notion de «cannabis illicite» qui se trouve à l’article 2 (1) de la Loi sur le cannabis est définie d’une manière telle que, même si le cannabis inséré dans l’anus de l’appelant — qui était détenu dans un établissement de détention — avait été acquis légalement, . . . [more] The post Summaries Sunday: SOQUIJ appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 28/08/2026
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The Wellness Lawyer: “Kindness”
I recently watched a movie, and one of the characters, who was bullied, made a very poignant statement. She said: “If the person who bullied me decided not to be mean, his life would not have changed… however, my life would have been profoundly different.” It struck me, that those who are unkind, would not lose anything by being kind. In fact, many benefits are derived from showing kindness to others. However, as we all know, the person who is on the receiving end of the bullying or unkindness, is affected in ways that reverberate for years, and at times, . . . [more] The post The Wellness Lawyer: “Kindness” appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 27/08/2026
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Where Are the Law Librarians?
In recent years, the number of law librarians in public sector and academic roles has declined. Most notably, the Ontario Ministry of the Attorney General (MAG) has reduced the staff of its Toronto-based law library to the point that, as of sometime in 2025, it no longer has a professionally staffed law library.[2] In other words, no actual librarians work at the law library of the Ministry of the Attorney General.[3] This deprofessionalization took place quietly and gradually, with no public announcement, no discussion in the legislature, and no opportunity for public scrutiny. The MAG is not the . . . [more] The post Where Are the Law Librarians? appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 26/08/2026
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Shadow AI: A Growing Problem for Canadian Courts
Many generative AI tools are relatively easy to access and use. For example, no technical expertise is required to pull up and type a prompt into ChatGPT, and the most basic version is free. This reality has led to a significant amount of “shadow AI” use within organizations; that is, uses of AI that are not formally approved or are even contrary to formal policies. Concerns about shadow AI commonly arise in the context of private companies, with some studies indicating that over 80% of workers report using unapproved tools at work. Much less discussed – and worthy of far . . . [more] The post Shadow AI: A Growing Problem for Canadian Courts appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 25/08/2026
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Tips Tuesday: Finding the Current Version of a Quote in a Book
This is a fairly specific problem: sometimes a case quotes a section from an older edition of a book and you need to find the quotation in the current edition of the book. Assuming the most recent edition is available electronically, generally the easiest way is to search for a portion of the quote in the new edition. However, if the wording has significantly changed it may be hard to identify the equivalent in the new edition. The second way to do this is by using both a copy of the old edition and a copy of the current edition. . . . [more] The post Tips Tuesday: Finding the Current Version of a Quote in a Book appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 25/08/2026
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Imagining a Possible Future: Self-Represented Litigant Courts
The growth of self-representation in all adjudicative settings may ultimately require a new approach to adjudication that is even more fundamental than a root and branch overhaul of procedure and practice. What legislators and courts may need to consider is the development of forums that are focused on and limited to adjudicating cases involving SRLs. Such courts would channel cases involving SRLs into a specific forum where court participants, including the adjudicator and court staff and any required wrap-around services, would exclusively plan for and engage with litigants who do not have legal representation. One such experiment has been underway . . . [more] The post Imagining a Possible Future: Self-Represented Litigant Courts appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 24/08/2026
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Monday’s Mix
Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Hull & Hull Blog 2. Great LEXpectations 3. Doorey’s Workplace Law Blog 4. Double Aspect 5. The Every Lawyer Hull & Hull Blog Knowing the Limits: Section 3 Counsel and the Lesson of Groves v. Groves Guardianship litigation asks the court to do something profound: to decide . . . [more] The post Monday’s Mix appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 23/08/2026
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Summaries Sunday: SOQUIJ
Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec. PÉNAL (DROIT) : La Cour d’appel ordonne la tenue d’un nouveau procès dans une affaire de meurtre; à l’absence de directives restrictives relatives à la preuve de mauvaise moralité s’ajoutaient des erreurs dans les directives au jury quant aux modes de participation pouvant ou non conduire à une condamnation pour . . . [more] The post Summaries Sunday: SOQUIJ appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 21/08/2026
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Briefcases & Cigarettes: The Law Library of 1978
This summer our law library intern (shout out to Bailey Kaye!) is reviewing our archival casebook collection for a digitization project. Among them was a casebook for exchange students arriving at Dalhousie Law School in 1978. It outlined an introduction to the common law, as provided by the Sir James Dunn Law Library. In this casebook, the Sir James Dunn Law Library included a helpful list of general information about library etiquette. Let’s review how you were to conduct yourself in the law library of 1978, shall we? The one rule that has survived nearly word-for-word, across nearly fifty years . . . [more] The post Briefcases & Cigarettes: The Law Library of 1978 appeared first on Slaw.
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Slaw @slawdotca.bsky.social · 20/08/2026
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Book Review: Frustration of Contract
Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law. Frustration of Contract. By Bruce MacDougall. Toronto: LexisNexis, 2025. x, 316 p. Includes table of cases and index. ISBN 9780433524380 (softcover) $180.00. Reviewed by Susannah Tredwell Manager of Library Services DLA Piper (Canada) LLP Frustration of Contract is the latest in the series of books written by Bruce MacDougall about . . . [more] The post Book Review: Frustration of Contract appeared first on Slaw.
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