: 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
: 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
: Most of the common reasons for declining mediation are well known. These include concerns that it may be premature, that additional information is required, or that the opposing party is unreasonable. Other justifications include the belief that the law is clear, the case is strong, and mediation would only increase costs. Some of these concerns are legitimate. Not every dispute is suitable for mediation, and even appropriate cases may not be ready for mediation at a particular stage. Ontario has now had mandatory mediation in parts of the province for more than twenty-five years. The program began in Toronto and . . . [more] The post Reconsidering Common Objections to Mediation appeared first on Slaw
: In almost every context, first impressions are key. I would argue that, for lawyers, communicating clear expectations during that first meeting is an essential skill. It is not a skill that comes easily. I have spoken about this topic with many lawyers over the years. There seems to be a clear divide between newly-called lawyers who have a tendency to make grand promises and seasoned lawyers who temper expectations. There is no “right” or “wrong” approach here. Everyone has to figure out their own style. My own style has been to keep expectations low…. very low. I conduct on average . . . [more] The post Managing Client Expectations appeared first on Slaw
: I watch a lot of hockey – but mostly on television. This year I attended a playoff game of the PWHL’s Ottawa Charge at the Canadian Tire Centre in Ottawa. It was an exciting game, but for me there was one concerning moment, when I heard thousands of people chanting, “Refs, you suck!”, after a call on the ice against the home team. As a hockey fan, I too did not like some of their calls, or non-calls, but there is a critical difference between attacking a decision and attacking the person who made the decision. Before the game started, . . . [more] The post “Refs, You Suck!”: Personal Attacks on Decision Makers appeared first on Slaw
: The troika of artificial intelligence, pricing, and talent transience has been with us for some time now. As a result, traditional pyramid-structured law firms grappling with these bet-the-business juggernauts are at an inflection point. I propose a flatter way forward. I have been writing and talking about this issue for many years, most recently as part of my ‘The Law Firm’ series: Pyramid Rollover , Private Equity Puzzle , Disappearing Act , Foundational Rebuild , and now this one, Inflection Point. My argument throughout this series is that traditional law firm pyramid structures will not hold against AI, pricing, and . . . [more] The post The Law Firm Inflection Point appeared first on Slaw
: 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
: Earlier this year, a motion at the Ontario Superior Court paused while everyone in the room went looking for a quotation. The factum on one side quoted a decision of the Court of Appeal, and opposing counsel could not find the quoted words anywhere in that decision. He suspected the factum had been drafted with AI. The judge called a short recess, so the party who filed it could go and find the passage. [1] The citation was correct, and anyone who looked it up would have found exactly the case named. In this instance, AI produced a fake quotation . . . [more] The post Beyond Fake Cases: The Other Ways AI Is Going Wrong in Canadian Courts appeared first on Slaw
: 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
: Le texte français suit. Dear CALLeagues, I hope this finds you well and enjoying the first stretch of summer. Our formal post-conference survey has now been released, and I encourage every member to take a few minutes to complete it. If you joined us in Moncton, please tell us what worked, what did not, and what you would like to see from future CALL/ACBD conferences. If you were not able to attend, we want to hear from you as well. This survey is about more than feedback on one event. It will help us understand who is coming to our conferences, why they attend, what they value, and what barriers may be keeping others away. We also want to know what might make attendance easier or more compelling in future years. Your answers will help us improve next year’s conference in Saskatoon and plan more thoughtfully for the years ahead. On that note, I am very excited to share some big news: CALL/ACBD will be heading to Toronto in 2028 to celebrate the Association’s 65th anniversary! Sixty-five years is a remarkable[...]
: First Consumer Review Fairness case takes on promoter’s “big bucks on Amazon” claim lfair August 6, 2018 | 11:11AM First Consumer Review Fairness case takes on promoter’s “big bucks on Amazon” claim By Lesley Fair T he marketers behind a purported money-making promotion called Sellers Playbook appear to have skipped the chapter about complying with federal and state consumer protection laws. That’s the allegation in a complaint filed by the FTC and the Minnesota Attorney General . In addition, it’s the FTC’s first case charg ing violations of the Consumer Review Fairness Act. The roots of the allegations go back to another venture sued by the FTC earlier this year: FBA Stores, also known as Amazing Wealth System and Amazon Wealth Systems. The defendants in that case ran online ads and in-person workshops that claimed to reveal the secret s of making major money on Amazon. But few, if any, of the consumers who forked over thousands of dollars and implemented their “plug-and-play systems” earn ed the kind of c[...]
: Speaking of Spokeo: Part 2 — The company’s allegedly bogus endorsements wfg-adm109 June 13, 2012 | 12:25PM Speaking of Spokeo: Part 2 — The company’s allegedly bogus endorsements By Lesley Fair The lawsuit against data broker Spokeo is the FTC’s first Fair Credit Reporting Act case addressing the collection of online info — including data from social networking sites — when used in the context of employment screening. But that’s not the only way the Spokeo settlement touches on social media. The FTC also charged that Spokeo violated Section 5 by having employees post glowing recommendations of the company’s services on news and technology websites without disclosing their true identity. Perhaps just the work of a rogue cubicle occupant? No, said the FTC. According to the complaint , Spokeo directed its employees to write the comments. Spokeo managers then edited what they wrote and had the staffers post the endorsements using account names provided by Spokeo. The purpose, says the FTC, was to give read[...]
: FTC consumer protection year in review offers 2020 vision for your business lfair January 8, 2020 | 9:26AM FTC consumer protection year in review offers 2020 vision for your business By Lesley Fair They say hindsight is 20/20, but what about foresight? We’re not ones to prognosticate, but a look at notable FTC cases and initiatives from the past year suggests some topics likely to be top of mind in months to come. Here is a non-exhaustive list of issues in our 2019 rearview mirror and likely visible through the 2020 windshield. Consumer privacy. The FTC’s $5 billion enforcement action against Facebook made history and headlines, but the other notable part of the case is the monumental change the order mandates to Facebook’s privacy ecosystem. The Commission opinion in Cambridge Analytica reaffirms the proposition that like any other claim, a company’s privacy promises are viewed through the lens of established FTC consumer perception principles. A series of cases demonstrates the agency’s continued commitmen[...]