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Articles by Noel Semple
The Utility of Mandatory Assistance for Self-Represented Litigants in Alberta
This column presents excerpts from a student paper, completed under the University of Toronto’s Community Research Partnership in Ethics program; the full paper will be published by the National Self-Represented Litigants Project later this year. Over the past 20 years, Alberta’s family justice system has distinguished itself from other jurisdictions by implementing mandatory forms of assistance.
Law Librarianship for Beginners: Reflections on My First 6-Months as a Legal Information Professional
Last November, I found a job posting for a part-time law librarian position. My hopes were low; I was still a Master of Information (MI) student, and I had no law library experience. Regardless, I applied. I could not believe my luck when I secured the position. To say I was elated would be an understatement. That feeling lasted about a day, then panic set in… What did I know about the law and law librarianship?
Summaries Sunday: Supreme One-Liners
As a supplement to our Sunday Summary each month, Supreme Advocacy LLP in Ottawa presents Supreme One-Liners, a super-short descriptive guide to the most recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers its more comprehensive weekly electronic newsletter, Supreme Advocacy Letter, summarizing all Appeals, Oral Judgments and Leaves to Appeal granted. Appeals Bankruptcy & Insolvency: Preferential Payments R. v.
A Futile Search for “Truth”? Epistemically Unproductive Expenditures in Civil Lawsuits
Is this a rabbit, or is it a duck? It’s both. (You’ll see the two animals after a few seconds if you haven’t already). Known as Jastrow’s rabbit/duck, this image has been amusing people ever since it first appeared in a German newspaper in 1892). How much time and money should be spent trying to prove that Jastrow’s drawing is really a duck, or really a rabbit, or more one than the other? No time and no money at all.
A Futile Search for “Truth”? Epistemically Unproductive Expenditures in Civil Lawsuits
Is this a rabbit, or is it a duck? It’s both. (You’ll see the two animals after a few seconds if you haven’t already). Known as Jastrow’s rabbit/duck, this image has been amusing people ever since it first appeared in a German newspaper in 1892). How much time and money should be spent trying to prove that Jastrow’s drawing is really a duck, or really a rabbit, or more one than the other? No time and no money at all.
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. Guardianship litigation asks the court to do something profound: to decide who will make decisions for a person who may no longer be able to make them alone.
Appellate Hypertrophy in the Canadian Justice System
Is the re-examination of past decisions sapping the justice system’s capacity to hear and decide legal disputes at first instance? Our system has numerous ways to reopen past decisions and let a new set of adjudicators and advocates root around for errors: review, reconsideration, and motions to set aside or reopen as well as appeal itself.
Appellate Hypertrophy in the Canadian Justice System
Is the re-examination of past decisions sapping the justice system’s capacity to hear and decide legal disputes at first instance? Our system has numerous ways to reopen past decisions and let a new set of adjudicators and advocates root around for errors: review, reconsideration, and motions to set aside or reopen as well as appeal itself.
Wednesday: What’s Hot on CanLII? – May 2026
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.
“A Security Is What the Law Says It Is”: Legislative Breadth and Judicial Purpose in Canadian Securities Law
Canadian securities law has long resisted narrow or technical definitions of the term “security.” Instead, both legislatures and courts have embraced an intentionally expansive and purposive conception, one designed to capture a wide range of investment arrangements rather than a closed set of financial instruments. The oft‑invoked proposition that “a security is what the law says it is” reflects not interpretive casualness, but a deliberate regulatory strategy.
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. The Supreme Court of Canada has “clarified” the elements of the duress defence. The defence is important because it can affect admissibility. For example, in Guerra Diaz v.
Summaries Sunday: Supreme One-Liners
As a supplement to our Sunday Summary each month, Supreme Advocacy LLP in Ottawa presents Supreme One-Liners, a super-short descriptive guide to the most recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers its more comprehensive weekly electronic newsletter, Supreme Advocacy Letter, summarizing all Appeals, Oral Judgments and Leaves to Appeal granted. Appeal Joint trials re Jordan. Criminal Law: Delay; Case Complexity Analysis (Clarified Test) R. v.
Ontario v Doe: The 30 Hour Lawsuit
If you think civil lawsuits take way too long in Canada, you’re in good company. But one high-profile suit recently went from claim to final hearing in less than 30 hours. Ontario v Doe was certainly an unusual case, and one that has been widely debated for reasons that have nothing to do with civil procedure. And yet it also offers three important lessons for people who care about making justice speedier in mainstream civil litigation.
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. Dans l’arrêt Fox[1], rendu le 6 février 2026, la Cour suprême du Canada réaffirme que les droits fondamentaux des accusés prévalent sur le privilège du secret professionnel de l’avocat.
The Time’s Not Right: Advocacy When a Tribunal Is Delayed or Imposes Short Timelines
The Time’s Not Right: Advocacy When a Tribunal Is Delayed or Imposes Short Timelines A professional legal advocate occupies a unique position, interposed as they are between the justice system on one hand, and their client on the other. Each advocate has a duty of commitment to the client’s cause, and must resolutely pursue the client’s legitimate goals using all legal means. At the same time, the advocate is an officer of the court and must help the legal system accomplish its own objectives.
From Pleadings to Trial in Two Years: All Together Now?
Imagine having a civil trial, just two years after pleadings. To Ontario litigators this may seem an absurd fantasy, like a Stanley Cup for the Leafs or pulling matching socks straight out of the dryer. Four or five years, at least, is the status quo today. And yet Ontario’s Civil Rules Review suggests that this fantasy can become standard practice. “Trial in Two,” for most two-party actions, is the aspiration animating its 281-page Final Policy Report, released in mid-December.
Civil Procedure: Does it Have to be this Hard?
Trouble sleeping? Try having your phone read the Rules of Civil Procedure to you. You’ll drift off to a soothing stream of minutiae, like sheep jumping over a fence. Very few Big Ideas will excite you. Most rules (not to mention the subrules and the clauses and the subclauses) are about what a party or court must do in a very specific scenario.
Op-Ed: The perils of judicial perfectionism
Read: 6 min You’re running a fever and have been coughing for the past few days, so you head down to your local clinic. You wait and wait, and finally the receptionist calls your name. Walking into the examination room, you’re surprised to see not one but three doctors. “We’re a Cough Board,” one of them says, “and we’re here to diagnose and propose treatment for you.” You stare at them blankly for a second. But then you remember something you saw in a medical drama on TV.
Cough Boards and the Perils of Procedural Perfectionism
You’re running a fever and have been coughing for the past few days, so you head down to your local clinic. You wait and wait, and finally the receptionist calls your name. Walking into the examination room, you’re surprised to see not one but three doctors. “We’re a Cough Board,” one of them says, “and we’re here to diagnose and propose treatment for you.” You stare at them blankly for a second. But then you remember something you saw in a medical drama on TV.
Cough Boards and the Perils of Procedural Perfectionism
You’re running a fever and have been coughing for the past few days, so you head down to your local clinic. You wait and wait, and finally the receptionist calls your name. Walking into the examination room, you’re surprised to see not one but three doctors. “We’re a Cough Board,” one of them says, “and we’re here to diagnose and propose treatment for you.” You stare at them blankly for a second. But then you remember something you saw in a medical drama on TV.
Justice Strugglers, Justice Cynics, and Justice Overconsumers
The Hon. Leonard Marchand is Chief Justice of British Columbia, and a member of the Sylix Okanagan Nation. Justice Marchand was the guest on a recent episode of the excellent Canadian Lawyer Magazine podcast. He suggested that we think about the access to justice problem in terms of three groups of people. The Strugglers First are people who try to use the justice system, but fail to get justice because of barriers such as cost, time, and the system’s complexity.
Justice Strugglers, Justice Cynics, and Justice Overconsumers
Posted in: The Hon. Leonard Marchand is Chief Justice of British Columbia, and a member of the Sylix Okanagan Nation. Justice Marchand was the guest on a recent episode of the excellent Canadian Lawyer Magazine podcast. He suggested that we think about the access to justice problem in terms of three groups of people. The Strugglers First are people who try to use the justice system, but fail to get justice because of barriers such as cost, time, and the system’s complexity.
Does Lady Justice Need a Sword? Indictment: The Criminal Justice System on Trial by Benjamin Perrin
Document Type Book Review Abstract LADY JUSTICE CAN OFTEN BE FOUND, in statue form, in or near courthouses. This symbol of the Western justice system is blindfolded to show neutrality. She carries a scale to weigh facts and arguments fairly. Sometimes, she also holds an olive leaf to symbolize mercy and healing. A sword is the other accessory that Lady Justice invariably carries.
Could Artificial Intelligence in Decision-Writing Improve Access to Justice?
While many in the justice sector are confused and ambivalent about artificial intelligence, the Canadian Human Rights Tribunal has taken a clear stand. CHRT “tribunal members,” as announced in a Practice Direction last fall, ”do not use AI to write decisions or analyze evidence.” To understand why the CHRT (and some other Canadian and courts) have explicitly banned AI in adjudication, read the work of Prof. Amy Salyzyn.
Abstract The goal of this article is to better understand the potential of tribunals to improve access to justice in Canada. It begins by defining “tribunals” and “access to justice”, the key concepts of this article. Because tribunals and trial courts are functional alternatives for the resolution of many legal disputes, the article first reviews the merits of trial-level courts in this regard.
No Half Measures: Four Big Ideas in Ontario’s Civil Rules Review
Ontario’s Working Group has proposed the most comprehensive reform of Ontario’s Rules of Civil Procedure since their introduction in 1985. The Consultation Paper released in early April weighs in at 122 pages, with recommendations affecting every major element of civil litigation within the province. The Working Group’s overarching goal is to get “all cases heard within two years.” This is certainly not unambitious, given that the status quo average is between four and five years.
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.
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.
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? – February 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. Baker v. Van Dolder’s Home Team Inc., 2025 ONSC 952 [4] The plaintiff was terminated “without cause” on May 24, 2023.
The Wellness Lawyer: "ABRACADABRA"
Seeing the title of this article, you may all think that maybe I am made a mistake regarding the topic. However, please let me assure you that this is not a mistake and with your indulgence, I will explain.
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. Civil Resolution Tribunal blog 2. Family LLB 3. Know How 4. Hull & Hull Blog 5.
Summaries Sunday: Supreme One-Liners
As a supplement to our Sunday Summary each month, Supreme Advocacy LLP in Ottawa presents Supreme One-Liners, a super-short descriptive guide to the most recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers its more comprehensive weekly electronic newsletter, Supreme Advocacy Letter, summarizing all Appeals, Oral Judgments and Leaves to Appeal granted. Oral Judgments Criminal Law: Homicide R. v.
Big Four Fear is Unfounded
Fearmongering and fretting about impacts of the Big Four on the legal services sector are the equivalent of tilting at windmills and just as pointless. I’m tired of overheated headlines and breathless reporting. No, I’m not talking about the trials and tribulations of tariffs and trade. I’m talking about the handwringing and blathering around KPMG’s successful application to practice law in Arizona. For the love of all that’s holy, handwringers and blatherskites – knock it off.
Book Review: Out of Darkness: Rumana Monzur’s Journey through Betrayal, Tyranny and Abuse
Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law. Out of Darkness: Rumana Monzur’s Journey through Betrayal, Tyranny and Abuse. By Denise Chong. Toronto: Penguin Random House Canada, 2024. 298 p. Includes photographs and author’s note.
The Glass Half Full: Respect for the Administration of Justice in Canada
Lawyers should “encourage public respect for and try to improve the administration of justice,” according to our code of professional conduct. The “try to improve” part is fairly straightforward. When we see problems in our legal system we should try to fix them, whether or not we personally or our clients are affected. We should be part of the solutions, not part of the problems. But what about “encouraging public respect” for the justice system?
The Law Society Takes Conflicts of Interest Seriously: Knocking on Wood
In “The Lawyer as Friend,” a famous 1976 law review article, Charles Fried proposed that a lawyer should act as a “special-purpose friend” to each of his or her clients. Within the bounds of the retainer, Fried argued, the lawyer must adopt the interests of the client as their own — just as a friend would. This analogy helps clarify why conflicts of interest are so toxic to lawyer-client relationships.
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.
Summaries Sunday: Supreme Advocacy
One Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all Appeals, Oral Judgments and Leaves to Appeal granted from August 21 – October 17, 2024 inclusive. Appeals Bankruptcy & Insolvency: Corporate Attribution; Fraud & No Benefit Exceptions Aquino v.
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.
Courting Culture Change for Access to Justice
Why are some restaurants great, while others are so lousy? The great ones don’t usually have better ingredients in the kitchen, or better written policies, or even more talented people. Usually, they have better culture. The folks leading and working in great restaurants have developed expectations, attitudes, and social practices that produce terrific results, night after night. What if the same is true of justice systems?
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.
We're all at risk when defence lawyers are punished for doing their jobs
Last week, Mark Wasilyw, a lawyer and elected member of Manitoba’s Legislative Assembly, was ejected from the governing NDP’s caucus. The party took this decision because Gerri Wiebe — a former law partner of Wasilyw — is acting as the defence lawyer for 83-year-old fashion mogul Peter Nygard. Nygard was recently convicted of four counts of sexual assault in Ontario and is facing similar charges in Manitoba.
Artificial Intelligence, Law Firms, and the Marx Brothers
Quit the AI theatrics and get on with the business of legal service. I’ve had it. Had it with the legal industry’s incessant blither blather, adjective-laden hyperbole, and histrionic pearl-clutching – hello, law firms – pertaining to the perils and rarely the pluses of artificial intelligence.
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. Risk Management & Crisis Response 2. First Reference 3. Sunday Night Administrative Review 4. Jumping off the Ivory Tower Podcast 5.
CBI, Telegram and Corruption in Canada
As an immigration lawyer, I regularly get offers from shady agents and unscrupulous consultants. “We are an agency based in Dubai with connections with millionaires and BILLIONAIRES.
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