Access to Justice

  • 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.

  • June 04, 2026

    Why is FRO requiring Ontarians to use fax machines?

    As a civil litigation lawyer who has practised in Ontario for more than two decades, I have spent much of my career navigating the province’s justice system.

  • June 04, 2026

    Bank robbery conviction stands on video, circumstantial evidence

    What does it take to prove a crime beyond a reasonable doubt?

  • June 04, 2026

    N.L. expanding family court to the island

    Newfoundland and Labrador has passed legislative changes that will have the province’s Unified Family Court expanded to the island of Newfoundland. With this, the province’s Supreme Court will have responsibility for all family justice matters “for the island portion of the province” — and in so doing take pressure off the provincial court to allow it more time in dealing with criminal justice.

  • June 03, 2026

    Crown wins appeal on trial judge’s exclusion of evidence

    K.G. was 17 years old, living with her parents while attending Grade 12. She created a profile on seekingarrangements.com, a website that connects “younger women with older men.” She misrepresented her age as 18 or 19 and matched with Shane Suman, a 47-year-old man who went by the name “Rico.”

  • June 02, 2026

    B.C. drug appeal limns fragility of Charter rights

    Parliament is considering Bill C-22. The legislation would require electronic service providers to retain certain user metadata for up to a year and to adapt their systems to facilitate easier access to data.

  • June 01, 2026

    Successful sex assault appeal based partially on missing limited jury instruction

    After a jury trial, an accused, A.S., facing two counts of sexual assault, one count of invitation to sexual touching and one count of indecent exposure to a person under 16, was convicted. He opted for a trial by judge and jury, the most expensive mode of trial for a non-legally aided accused.

  • June 01, 2026

    Don’t use artificial intelligence in reasons for decision

    The Quebec Superior Court has set aside a decision of a labour arbitrator because the arbitrator’s reasons were written with the assistance of artificial intelligence: Assn des ressources intermédiaires d’hébergement du Québec (ARIHQ) c. Santé Québec - Centre intégré universitaire de santé et de services sociaux du Centre-Sud-de-l’Île-de-Montréal, 2026 QCCS 1360.

  • May 28, 2026

    B.C. Court of Appeal: Class member discovery orders not appealable as of right

    The B.C. Court of Appeal has quashed an appeal by Janssen Inc. and Johnson & Johnson in the province’s opioid health-care cost recovery class action, ruling that orders concerning discovery from class members are not appealable as of right.