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

The role of adjudicators in hearings with self-represented litigants (SRLs) has been discussed in many court decisions and articles. What is less explored is the role of opposing counsel. In this column I will discuss the possibly expanding role of opposing counsel in facilitating access to justice for SRLs. Although the adjudicator has the primary...Read More

Just When You Thought You Had Perfected Your Cybersecurity Training for Law Firm Employees . . . Time to think again. It’s no secret that cybercriminals have increased all kinds of phishing activity since the pandemic. More people utilizing consumer grade equipment in a less secure work-at-home environment creates a fertile ground for phishing attack...Read More

Access hesitancy is a widely acknowledged and persistent barrier to providing access to justice services. The people-centered approach that is integral to the Legal Health Check-up (LHC) can identify disadvantaged people with problems and provide them with help, in a manner that they will hopefully perceive as providing fair and just resolutions to the problems...Read More