Focus On


  • Self-represented litigants face challenges
    Julie McFarlane says data shows that self-represented litigants in Canada usually lose their cases.

    Self-represented litigants face challenges

    Self-represented litigants are typically able to expect some flexibility from the judicial process, but there are risks when they try to manage a case without a lawyer, illustrated by a significant costs award in a recent family law case, some lawyers say.

  • Case reiterates importance of confidentiality
    Sharon Silbert says mediation allows participants to bring more personal goals, interests and concerns into the decision-making process.

    Case reiterates importance of confidentiality

    A recent case confirms the importance of confidentiality in settlements, including those achieved in mediation, whether or not the mediation contract contains a confidentiality clause.

  • Changes to Divorce Act reflect modern approach to parenting
    Nicholas Bala says a federal bill that proposes amendments to the Divorce Act focuses on the needs of children.

    Changes to Divorce Act reflect modern approach to parenting

    Long-awaited amendments to the Divorce Act which are now before the Senate recognize how family life has changed over the years, say lawyers.

  • International child abductions need careful legal approach
    Michael Stangarone says he has used alternative approaches to return children who are wrongfully removed from their habitual place of residence.

    International child abductions need careful legal approach

    The Hague Convention can play a crucial role in whether children are returned after a parental abduction following a custody dispute, say lawyers.

  • SCC decision highlights tension between access to justice and party autonomy
    Craig Lockwood says a recent SCC case shows the tension between securing access to justice, and promoting party autonomy and the requirement to abide by contracts.

    SCC decision highlights tension between access to justice and party autonomy

    Lawyers say a recent SCC ruling demonstrates the tension between upholding arbitration clauses and facilitating access to justice, say lawyers who practise in alternative dispute resolution and class actions.

  • Mediation better way to respond to sex assault allegations: lawyer
    Kathleen Urdahl says the courts consistently recognize that sexual abuse cases are distinctive.

    Mediation better way to respond to sex assault allegations: lawyer

    Mediation and other less adversarial methods continue to be the best ways to respond to allegations of sexual misconduct, including sexual harassment and sexual abuse, say lawyers.

  • AI may help with alternative dispute resolution
    Marvin Huberman says he does not think artificial intelligence will completely replace human mediators or arbitrators.

    AI may help with alternative dispute resolution

    Artificial intelligence can be particularly helpful for alternative dispute resolution, say lawyers, as long as people are mindful of the technology’s limitations.

  • Proposed rule changes could speed up investor-state dispute arbitration
    Robert Wisner says although arbitration is usually thought to be faster and more efficient than litigation, it's not always the case.

    Proposed rule changes could speed up investor-state dispute arbitration

    Lawyers say proposed changes to rules and regulations at the International Centre for the Settlement of Investment Disputes could result in faster and less costly resolution to investor-state disputes.

  • Advising clients difficult when it comes to emissions reductions
    David McCutcheon says it’s hard to advise clients as to what the environmental regime will look like in five years.

    Advising clients difficult when it comes to emissions reductions

    Ontario lawyers say it’s unknown what the future will look like when it comes to their clients’ obligations around emissions reductions.

  • Uncertainty for clients due to carbon pricing
    Jennifer King says emitters will continue to be subject to greenhouse gas emission reporting requirements, whether that is through a provincial or federal pricing system.

    Uncertainty for clients due to carbon pricing

    On April 1, the federal carbon price backstop came into effect, which meant that a $20/tonne charge for greenhouse gas emissions is being applied in Ontario.

Law Times Poll


Ontario Premier Doug Ford has announced that real estate lawyer Doug Downey will be Ontario’s new attorney general. Do you expect Downey to take a substantially different approach to his portfolio than his predecessor in the role?
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