“Cash rules everything around me, C.R.E.A.M. Get the money. Dollar, dollar bill, y’all” – Wu-Tang Clan While it gets skewed on tv, mediation involves the mediator having no interest in any particular outcome of a dispute. That scene in Friends where Ross “mediates” a quarrel between Monica and Chandler to keep them on track to...Read More

Receiving notice from a regulator that there has been a professional conduct complaint against you can be overwhelming and stressful. Many lawyers’ minds jump to the worst-case scenario: Am I going to lose my licence? Fortunately, this is a rare outcome. But lesser penalties or remedial consequences can still affect your career, and even if...Read More

My Dad, who passed away in 2006, had a collection of favorite sayings. At one point we packaged them up and listed the top 10 ala David Letterman. At the top of the list was the phrase “listen you might learn something”. Over the years I have begun to understand more deeply the wisdom of...Read More

One of the problems with generative AI is that there are so many possibilities and inconclusive data. How often does it hallucinate? Each system claims certain odds, but who is certain? I’ve been mulling over a few hypotheticals where AI has a defined failure rate and the harms are clear and predictable. Of course there...Read More

The buried children have been haunting me. It’s difficult to celebrate the turning of the year while thousands of children remain lost in the rubble of humanitarian catastrophes caused by disasters, political turmoil, and armed conflicts around the world. In 2023, apocalyptic stories of children and families lost through earthquakes, landslides, wildfires, atrocities, and war...Read More

The end of a calendar year invites reflection on the months just passed. Inspired by Alice Woolley (now Justice Alice Woolley) who compiled several year-in-review lists when she was a professor (see, for example, here, here, here and here), in this column I look back on five areas of key developments in lawyers’ ethics and...Read More

I was intrigued by the Ontario Court of Appeal’s “Supplementary Reasons” in Working Families Coalition (Canada) Inc.v. Ontario (Attorney General) (“Supplementary Reasons”), recently reported in the December 15, 2023 Ontario Reports. On March 6, 2023, the Court of Appeal released its decision in the Working Families Coalition’s (“The Coalition”) challenge to the third party spending...Read More

Systemic racism is a reality in Canada. At many junctures in life, a person’s access to opportunities and fair treatment will be affected by their race, skin colour, or indigineity. The legal profession, in order to do its essential work in our society, must recognize and confront systemic racism. So far, most formal efforts to...Read More

Ever have those days where you need a smile? Allow me to introduce you to the Smile File. Throughout our careers we may receive letters of encouragement from peers or mentors; well wishes from clients or appreciation about a job well done; experience career milestones; or receive other electronic or written communications that make us...Read More

“You’re a lawyer — you must like arguing!” While this may be true for some lawyers, when it comes to conflict with their closest colleagues, many would rather avoid the pain and discomfort. Although interpersonal conflict is often thought of as a battle between two people, I have learned that conflict is about tension between...Read More