Information About Modern Law
Recent Posts
Below is a preview of the five most recent posts from the blog Modern Law. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- A turning point for a tort of family violence
The Supreme Court of Canada issued a landmark decision earlier this month that created a new tort of family violence. This means people who have suffered harm due to intimate partner violence will be able to seek damages. The 6-3 decision in Ahluwalia v. Ahluwalia was more than a year in the making. … Read more »
- Nunavut’s Gladue dilemma
Since the Supreme Court’s 1999 Gladue decision, sentencing judges in Canada are supposed to consider the “unique systemic or background factorsâ€� that bring Indigenous people in contact with the law. The idea is to reduce Indigenous overincarceration and promote alternative sanctions. But how d … Read more »
- “A landmark decision for the independence of the bar�
For two years, much of the BC legal community has been warning that changes to the regulation of lawyers in that province risk making them answerable to the state rather than their clients. Last week, the BC Supreme Court upheld the changes as constitutional, despite noting the government’s “ina … Read more »
- When courts get vexed
Everyone is supposed to be entitled to their day in court. But how should we weigh that principle against the reality of litigants who misuse court processes, tying up resources and subjecting other parties to harm? What approaches exist to identify vexatious or abusive litigation at an early stage … Read more »
- How to judge slop
B.C. Supreme Court Justice David Masuhara may have been the first judge in Canada to encounter AI-generated fake citations. As he wrote at the time, “generative AI is still no substitute for the professional expertise that the justice system requires of lawyers.â€� Two years later, the phenomenon … Read more »