Access to Justice

  • June 10, 2026

    Top judge backs Jordan juggernaut, warns bar against filing fake AI-generated precedents in court

    The Supreme Court’s controversial Jordan decision, which has sparked the dismissal of thousands of cases due to unconstitutional trial delay, is still good law, but stays of proceedings are not a cure for undue systemic trial delay, Canada’s top judge says. “One stay of proceedings is too many,” Supreme Court of Canada Chief Justice Richard Wagner stressed at his annual press conference in Ottawa June 9.

  • June 10, 2026

    Court approves $1.95M settlement with cy-près payment to charity, not class members

    The Ontario Superior Court has approved a $1.95-million settlement of a proposed class action alleging BMO overwithheld taxes on withdrawals from registered retirement income fund (RRIF) accounts, finding that a cy-près payment to charity was justified because direct compensation to class members was impractical.

  • June 10, 2026

    Why AI search is creating a new visibility gap for Canadian law firms

    The legal profession spent more than two decades adapting to search engines with algorithms that continually evolved. Law firms focused on websites, search engine optimization (SEO), online directories and content marketing because their audience turned to Google when looking for information and representation.

  • June 09, 2026

    N.L. giving greater powers to province’s seniors’ advocate

    Newfoundland and Labrador has passed legislation giving its seniors’ advocate the powers of “individual advocacy and investigation.” According to a June 5 news release, the move aligns the role of the province’s seniors’ advocate with that of “similar statutory officers,” such as the citizens’ representative and the child and youth advocate.

  • June 09, 2026

    Saskatchewan Court of Appeal: Trial judge instruction to jury cause enough to order new trial

    The adage that “the devil is in the details” may remind criminal defence counsel that a successful appeal may hinge on examining inferences rather than hard facts. A Saskatchewan man, Jeffrey Leonard Stark, was convicted by a jury of unlawfully confining and sexually assaulting a female complainant. He appealed his conviction. The appeal in R. v. Stark, 2026 SKCA 48 centred on the trial judge’s instructions to the jury rather than on denying the facts as alleged.

  • June 08, 2026

    Law Society of Saskatchewan annual report details limited licensing, public complaints portal

    The Law Society of Saskatchewan turned out a “solid” annual report for 2025 — and members should pay particular attention to the implementation of limited licensing in the province, says the regulator’s past president.

  • June 08, 2026

    How to apply your legal training to address gratuitous negativity

    My good friend Felicity had a problem. Her relatives were making comments about how she takes care of her elderly father, who I will call Allan. She gave me the example of an aunt who asked, “Why is Allan still driving?” and expressed her opinion that Allan is too old and ill to be driving. She said it in a way that implied it was Felicity’s fault.

  • June 08, 2026

    Death row: Capital punishment, cancer and medical assistance in dying

    Eli Guay was sentenced to hang in 1959 for a planned, merciless killing of an old man who lived in a remote shack outside the city of Sudbury, Ont.

  • June 05, 2026

    Yukon court issues AI directive encouraging due diligence, warns of potential errors

    Yukon’s Supreme Court has issued a directive on the use of generative AI “in written and oral representations” in a bid to reinforce the “integrity and credibility of legal proceedings.”

  • June 05, 2026

    Inconsistent consequences: How Canadian courts and tribunals respond to AI misuse

    When a Canadian court or tribunal finds that a party has relied on a case that does not exist, the consequence is far from uniform. In one decision, the lawyer responsible was ordered to pay $17,550 in costs personally. In another, the order was $100. In 60 of the 177 decisions we reviewed, the adjudicator identified the problem but imposed no consequence at all.