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Articles by Mark Hunter
Wednesday: What’s Hot on CanLII? – September 2026
Each month, we tell you which five English-language cases and French-language cases have been the most viewed* on CanLII in the previous month and we give you a small sense of what the cases are about using CanLII-published AI-generated summaries of the case or case excerpts. For this past month, the five most-consulted English-language decisions were: Facts: Two unmarried partners cohabit for about 12 years and have two children together.
When Strategy Is Not the Problem. Translation Is.
Professional services firms spend a lot of time developing strategy. There are leadership retreats, partner interviews, market assessments, client discussions and competitive reviews. There are conversations about growth, succession, technology, culture, new markets and the future of the firm. Once the strategic plan emerges and the most significant priorities identified, the plan is presented to the partnership, everyone agrees, and then everyone goes back to work.
Monday’s Mix - Slaw
Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. A recent study conducted neuropsychological testing on a group of strikers and grapplers. Unsurprisingly the strikers had worse outcomes than the grapplers.
When Every Partner Delivers a Different Client Experience
Ask ten partners in the same firm to describe their approach to client service and you will likely hear ten different answers. One partner will insist on quarterly check-ins. Another prefers to let the client reach out when they need something. One responds to every email within the hour, while another believes that as long as the work is delivered on time, the client will be happy. Some actively introduce colleagues from other practice areas. Others rarely do.
The Shared Secret: Does Your Consent Violate Your Family’s Privacy?
As of May 2026, millions of Canadians are navigating a significant legal deadline. They have until June 25 to file claims in the finalized 23andMe Canadian Data Breach Settlement—a multimillion-dollar resolution to one of the most consequential privacy failures in recent history. But as the legal files are closed, a more fundamental question remains: Can a single person’s consent ever truly be ethical when the data being signed away belongs to an entire family tree?
Monday’s Mix - Slaw
Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. Today, AI can do meaningful work in your practice. A demand letter can take months to gather all the details, and weeks to write once you do, but now the writing takes days. A long email chain gets distilled to its three actionable points.
Mass Client Communication Has Changed Completely. Too Bad Many Professionals Are Still Using the 2016 Playbook
Ten or fifteen years ago, the professional who sent a newsletter, mailed a holiday card, and maintained an updated LinkedIn profile was considered ahead of the curve. The bar was low. Showing up, in almost any form, was enough. Today, that communication strategy blends into the background. This is not because newsletters stopped working, direct mail disappeared, or LinkedIn became oversaturated. It was because client expectations changed, attentions changed, the way we build trust changed.
Monday’s Mix - Slaw
Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.
Stop Managing Your Network. Start Investing in It.
Most professionals review their financial portfolios regularly. They assess what’s performing, what’s stalled, and what no longer fits the strategy. They make deliberate decisions about where to invest time and capital. Almost no one applies the same discipline to the most valuable asset in their professional life: their relationships. The Asset You’re Not Managing A contact base that isn’t actively maintained doesn’t stay neutral. It erodes.
HB Design and Engineering Launches to Solve Florida’s Permit Delays for Investors and Developers
HB Design and Engineering Built by real estate investors, HB Design and Engineering delivers fast permitting, in-house design, and responsive engineering for Florida owners & developers. We built HBDE because permit delays were killing our own projects.
“Papaya Rules” at Your Law Firm
Firms that have multiple lawyers in the same practice who can land marquee clients are in an enviable position. However, if not managed correctly this advantage can quickly turn into a nightmare for the firm. The McLaren Formula 1 team has this problem. They have two incredible drivers who could each be world champion but only one can stand on the top step.
Business Development Planning for Lawyers: Your Blueprint
The successful lawyers I speak with know that exceptional legal skills are table stakes. Beyond the law, their differentiator is their ability to build relationships, attract ideal clients, and generate consistent referrals. This is where strategic business development planning becomes your competitive advantage. Without a plan, lawyers may find themselves randomly chasing opportunities which leads to inconsistent results.
Bridging the Gap: How to Ensure Client Understanding in Legal Communications
The most brilliant legal strategy means nothing if your client doesn’t understand it. Yet as lawyers lean toward complexity and precision, clients need something different. Lawyers sometimes forget that effective communication isn’t just about being right – it’s about being understood. When clients do not understand the advice they are receiving, the consequences can be far reaching. Misunderstandings can lead to poor decision-making, unrealistic expectations, and ultimately, dissatisfied clients.
Using Technology to Support Client, Industry, and Competitive Knowledge
Legal Marketing and Business Development executives understand the importance of staying on top of clients, industry trends, and competition. While leveraging the right software can be incredibly valuable, it feels like every week, a sales rep promises that their platform will deliver game-changing insights, and we are missing out by not signing up immediately. With a glut of tools available to us, how do you choose which ones are right for your firm?
Using Technology to Support Client, Industry, and Competitive Knowledge
Legal Marketing and Business Development executives understand the importance of staying on top of clients, industry trends, and competition. While leveraging the right software can be incredibly valuable, it feels like every week, a sales rep promises that their platform will deliver game-changing insights, and we are missing out by not signing up immediately. With a glut of tools available to us, how do you choose which ones are right for your firm?
Time for an NDA Redesign: Airbus's Approach to Startup Partnerships
Listening to Season 29 of Wondery’s Business Wars, it’s clear that AIRBUS is outpacing its competition. Several factors contribute to AIRBUS’s dominance, but one stands out: its corporate culture of innovation[1] extending even to its legal and procurement teams.
The Inevitability of AI in Court: What Does it Mean for Self-Represented Litigants?
A recent CBC article from British Columbia indicated that a self-represented party used Microsoft Copilot to assist with legal research: the artificial intelligence (AI) program generated 10 cases, nine of which were hallucinated. The hallucinated cases were ‘caught’ during a proceeding at the Civil Resolution Tribunal, but this incident and the possibility of others like it raises challenging questions for access to justice.
Wednesday: What’s Hot on CanLII? – March 2025 - Slaw
Each month, we tell you which three English-language cases and French-language cases have been the most viewed* on CanLII in the previous month and we give you a small sense of what the cases are about. For this past month, the three most-consulted English-language decisions were: 1. R v Cichacki, 2025 ABKB 96 [5] The Crown alleges that the Accused assaulted eight complainants.
Business Development in Law Firms: An Insider's Guide
Recently I was asked to speak to a group of individuals about how to get involved in business development in the legal space. It is not a career that necessarily has a straight path like other professions and many of the best doing it, fell into the profession and then fell in love with the profession. What Is Legal Business Development? At its core, business development in law firms bridges the gap between legal expertise and client needs.
Dealing with Rule-Breakers: Banishment’s Lure and its Limits
When a stranger breaks the rules in a scary way, it is always tempting to banish them. This old-fashioned word might suggest disgraced medieval nobles driven from of their kingdoms. But banishment occurs whenever a person is cast out from what used to be their home or social group. A few examples of modern-day banishment: Expelling high school students who have committed acts of violence is a straightforward way to show “zero tolerance” for their misbehaviour.
Wednesday: What’s Hot on CanLII? – January 2025 - Slaw
Each month, we tell you which three English-language cases and French-language cases have been the most viewed* on CanLII in the previous month and we give you a small sense of what the cases are about. For this past month, the three most-consulted English-language decisions were: R. v. R.B., 2025 ONSC 153 [1] The Applicant is facing charges of historical sexual assault and physical assault of his ex-wife.
Swipe Right on Empathy: The Key to Legal Design Success
Posted in: What was the last good first date you had? There may have been an element of physical interest, but it is highly likely it was a “good” date because it lasted for hours, and the longer you spoke, the more interesting you found the other person, and vice versa. Maybe the conversation didn’t start off strong, but at some point you hit on a topic that you both found interesting. You found common ground and that led to connection.
Revisiting Section 33 of the Charter: The Bill 21 Case
Posted in: INTRODUCTION The Supreme Court of Canada (“the SCC”) has granted leave to appeal English Montreal School Board, et al. v. Attorney General of Quebec, et al., in which the English Montreal School Board and others are challenging Quebec Bill 21, Act respecting the laicity of the State (“Bill 21”).
Access to Justice in 2025: What Does the Year Ahead Hold?
As we contemplate 2025, the NSRLP is considering how to tackle the ongoing challenges in access to justice. While the barriers facing individuals attempting to access justice remain many, it is challenging to consider where the focus on improving access should be directed, given limited resources and capacity.
Monday’s Mix - Slaw
Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. The Defence Toolkit 2. All About Information 3. BC Injury Law Blog 4. National Magazine 5.
Canadian Legal Ethics: 2024 Unwrapped
What happened in Canadian lawyers’ ethics and legal services regulation in 2024? This column looks back on three high-profile areas of development. It also flags several major court cases and disciplinary proceedings from 2024, as well as cases to watch for the year ahead. Three High-Profile Areas of Development AI was one of the big stories in 2023 and continued to be big in 2024.
Getting Resolution Right: 5 Things to Consider When Making Settlement Agreements
When issues arise in condos, there are benefits to working with those involved to address them. Collaborating offers advantages unavailable through an adversarial path – such as relationship preservation and creative, sustainable outcomes which extend beyond a tribunal’s jurisdiction. The Condominium Authority of Ontario offers an array of online resources to support collaboration, from communication guidance to help identifying issues, to understanding how the law applies to them and more.
Redefining Business Development for Modern Canadian Lawyers
Posted in: The traditional business development approaches for lawyers – expensive dinners, conferences, and rigid networking events – are not the only ways to build your book. In today’s rapidly evolving legal landscape, we have an opportunity to reimagine business development into something you will want to do rather than feel obliged to do.
Placing LEAF’s Report “What It Takes” in Context: Part 2
PREFACE This is the second part of a post placing LEAF’s recent report, What It Takes: Establishing a Gender-Based Violence Accountability Mechanism in Canada (“What It Takes” or “LEAF report)” on gender-based violence (GBV) in the context of historical efforts to address GBV (albeit fragmentary references) and more recent developments: the 2021 Joint Declaration for a Canada Free of Gender-Based Violence, signed by Canada, the provinces and the territories, leading to the 2022 National...
Social Justice and Public Service: Not the Same Thing
As a person who articled and practiced with a provincial government, and now teaches at a law school that defines itself in part by “the Weldon tradition of unselfish public service”, I encourage my students to consider a career of legal practice in the public service – but to do so with their eyes open.
Monday’s Mix - Slaw
Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. National Magazine 2. Risk Management & Crisis Response 3. Reconciliation Syllabus 4. Labour Pains 5.
People-Centered Justice has Become the Norm in Access to Justice
People-centered approaches have quickly become the norm in access to justice. By the term norm I mean essentially the same thing as the use of the term in sociology, a widely accepted expectation or rule of behaviour – a way of doing things. People-centricity has escaped the fate of becoming either a mot du jour or a term widely accepted but deemed nothing new, greeted with the assertion; We have always done that. We just didn’t have a name for it.
Wednesday: What’s Hot on CanLII? – November 2024 - Slaw
Each month, we tell you which three English-language cases and French-language cases have been the most viewed* on CanLII in the previous month and we give you a small sense of what the cases are about. For this past month, the three most-consulted English-language decisions were: 1.
Factors for Consideration in the Supreme Court of Appeal: Tort of Family Violence
In 2022, Justice Mandhane introduced the tort of family violence to address the injuries committed during the course of a marriage. A year later, in 2023, the Ontario Court of Appeal overturned this new tort in the decision Ahluwalia v Ahluwalia, 2023 ONCA 476. This matter is now being appealed to the Supreme Court of Canada. In the article “’Weaponizing’ The Tort of Family Violence?
Why Law Firms Can’t Help But Bill By The Hour
In law firms, lawyers are everything. They do everything: They are the owners of the firm, and they’re also its officers and directors, but they’re also its managers and supervisors, and wait, they’re its workers too, and they set all the rules and make the policies and create the culture. The only thing lawyers don’t do in law firms is the stuff they consider beneath them, the clerical and support work.
Canadian Courts and Generative AI: Broadening Our Gaze to Potential Corrosive Risks
Canadian courts are concerned about AI. They are concerned that litigants may misuse AI and attempt to introduce fake cases or deepfake evidence into court proceedings. They are also concerned about AI potentially usurping judges’ decision-making role and thereby undermining the proper administration of justice.
Monday’s Mix - Slaw
Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Double Aspect 2. The Defence Toolkit 3. Durant Barristers Blog 4. ReconciliAction YEG 5.
Elevating the Client Experience in Professional Services
In the super-competitive professional services landscape, the ability to deliver an exceptional client experience continues to be a critical differentiator. While firms have traditionally focused on technical expertise and functional capabilities, clients now demand a more holistic, client-centric approach.
The AI Revolution in Mediation: Hype or Reality
Artificial Intelligence (AI) has suddenly emerged as a disruptive force across numerous sectors, including the field of Alternative Dispute Resolution (ADR). The integration of AI into the mediation process holds the promise of enhanced efficiency, reduced costs, and improved access to justice. However, at this stage, it is virtually impossible to fully grasp the potential impact on mediation, both in its immediate and long-term effects.
OsgoodePD’s Annual Contract Law Symposium is Back for 2024!
Contracts are integral to how institutions operate – from government, to banks, to non-profits, to commercial markets, and beyond. However, the past few years have rocked our understanding of how we work with contracts. The continuing effects of pandemic disruptions, rising prices, and the proliferation of artificial intelligence and blockchain are just some of the system-wide changes that have filtered down into the fundamentals of contracting.
Monday’s Mix - Slaw
Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. Canadian Combat Sports Law Blog 2. Sunday Night Administrative Review 3. Global Workplace Insider 4. Eloise Gratton 5.
Thursday Thinkpiece: Adam Dodek's Heenan Blaikie
Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.
Heritage Status for Legal Systems: Preserving History While Embracing Legal Innovation
In 2019, The Strand bookstore in New York and the building it inhabits were granted heritage status by the city’s Landmarks Preservation Commission, and they threatened to sue the city in response (the story was widely reported, here is a story from the Guardian). The owner’s concern was that the administrative requirements associated with the designation would be onerous and that the bookstore might not be viable with them.
Our Justice System is Under Attack
Across Canada, our justice system is under attack. In British Columbia, the New Democratic Party is erasing the law society, eliminating with it the independence of lawyers. In Alberta, the United Conservative Party sought to cease funding to legal aid – which funds individuals and families who stand at and below the poverty line and cannot afford justice otherwise – and continues to negotiate further oversight and restrictions to limit its reach.
How to Successfully Launch a Practice in Professional Services
In professional services organizations, launching a new practice group can be a game-changer for firms looking to expand their offerings, enter new markets, or capitalize on emerging trends. Whether you are in law, accounting, recruitment, planning, engineering, or any other sector, the process of establishing a successful practice group requires careful planning, strategic execution, and a deep understanding of client needs.
Something Special
Late last week, I received a large parcel delivered to my home. As I opened the package, I began to realize that a group of Slaw’s authors had banded together to create a gift for me! Below is a photo of the very large framed canvas that I received. You can click on the image to read through the many notes of thanks, encouragement, and even a poem. :) I am more than appreciative. Our authors here at Slaw are very busy with their professional lives, not to mention their dedicated writing.
Languages of Law - CALL/ACBD's Annual Conference in Montreal - Slaw
I recently attended the Annual Conference of the Canadian Association of Law Libraries / Association canadienne des bibliothèques de droit (CALL/ACBD) held from June 25 to 28 in Montréal, and it was a highly enriching experience. The conference was meticulously organized under the theme of “Languages of Law”, offering a robust lineup of sessions and activities that catered to various interests within the law library community.
Father and Son - Slaw
Children dressed in suits, we drive silently. The one kid slides in a cassette tape and I hear it for the first time, a song I will listen to for the rest of my life in a trance, o’ let the sun beat down upon my face, as I look out the window. I don’t know the song and I want to ask but the music fills the space and there is no other space, not for speaking, not for laughing, not for crying. We step into the stone building and everyone is there, all in black and white.
Monday’s Mix - Slaw
Each Monday we present brief excerpts of recent posts from five of Canada’s award-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1. All About Information 2. David Whelan 3. Barry Sookman 4. Avoid a Claim 5.
Read in From Statute: Do the Contractual Duties of Honest Performance and Good Faith Exercise of Discretion Apply to Statutory Contract Terms?
Until recently, parties to a contract did not owe any obligations of good faith towards each other in Canadian common law jurisdictions. There was no obligation of good faith in the negotiation process, none in the performance of contractual obligations, and only limited such obligations in contract termination.[1] There was, for example, no obligation not to lie to your contracting party when performing your contractual duties (unless it constituted the tort of civil fraud).
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