Preventing a mediator-arbitrator from expressing a tentative view of the strength of a party’s position during mediation would have a “chilling effect” on the effectiveness of the mediation-arbitration process. So says the Federal Court of Appeal in a recent labour relations case. It is one of a growing number of cases where courts have recognized...Read More

Knowing as much as you can about a client, prospect or industry is fundamental to being successful, yet many lawyers jump at an opportunity before understanding what that opportunity truly is. By putting time into research, the insights gained often reveal keys to a successful strategy. As marketers, we often speak with lawyers who feel...Read More

The recent findings of an international trial monitoring panel in the case of United States v. Donziger reveal the failure of a New York court to ensure a fair trial in accordance with international law and human rights standards. As the panel concluded in their extensive report, critical changes are needed in laws, rules, and...Read More

On January 4, 2022, the Canada United States Mexico Agreement (CUSMA) Panel on Canada’s Dairy Tariff Rate Quotas (TRQs) released its ruling.[1] The Panel Decides—Both Sides Claim Victory The Panel ruled that Canada’s practice of reserving 85-100% of dairy TRQs for processors violated Article 3.A.2.11(b) of CUSMA. The United States claimed victory, correctly pointing out...Read More

INTRODUCTION When Prime Minister Pierre Elliott Trudeau invoked the War Measures Act in mid-October 1970 in response to a request by Quebec Premier Robert Bourassa, I was a grad student in Political Science at McMaster University. Justification was the “state of apprehended insurrection” existing in the province. Some of us posted a petition against its...Read More

Most legal research is done online through a combination of open and subscription databases. Legal information is available at our fingertips through Justice Laws, LEGISinfo, CanLII, Westlaw, Lexis, ProView, SOQUIJ, [insert your preferred database here], and the list goes on. The availability of electronic resources has radically changed—and will continue to change—the way legal professionals...Read More

There’s much to say about the so-called “truckers freedom convoy” camped in Ottawa since January 29th. Its namesakes have also spent time in other major cities in Canada (right now the serious problem is in Ottawa), as well as at the Coutts, Alberta border with the United States. Those involved in the convoy and their...Read More

Law firms are in the midst of one of the most difficult “talent” markets they’ve ever faced. Every law firm I’ve worked with over the past two years has been desperately seeking qualified (or, you know, breathing) Associates and staff members to deal with business expansion, partner retirements or in particular, gaps left by those...Read More

INTRODUCTION If the state of Florida were a province in Canada, on the one hand, people might find it easier to travel to warmer climes when winter really hits snowy and cold part of Canada. On the other hand, they might find Canada too expensive to travel for long-term winter escapes. But that’s not my...Read More

INTRODUCTION In its December 2021 decision in Ontario Teacher Candidates’ Council v. The Queen, the Divisional Court held that the standardized Mathematics Proficiency Test (“MPT”) the Education Quality and Accountability Office (EQAO) had developed and the Ontario government had implemented for prospective teachers was unconstitutional because it disadvantaged Black and Indigenous candidates. As a remedy,...Read More