Lexpert magazine features articles and columns on developments in legal practice management, deals and lawsuits of interest in Canada, the law and business issues of interest to legal professionals and businesses that purchase legal services.
Issue link: https://digital.carswellmedia.com/i/1541334
2 www.lexpert.ca Editorial fortuna favet fortibus ISSUE 26.02 > NOVEMBER MANAGING EDITOR Tim Wilbur EDITOR Jessica Mach PRODUCTION PROCESS LEAD Alina Leigh PRODUCTION MANAGER Wen-Ching Shang PRODUCTION EDITORS Christina Jelinek, Tara Tovell, WRITERS Zena Olijnyk, Mary Tez Romero DESIGNERS Loiza Razon, Marla Morelos PRESIDENT Tim Duce VP GLOBAL SALES - LEGAL Lynda Fenton DIGITAL DEVELOPMENT DIRECTOR Kevin Shields SENIOR BUSINESS DEVELOPMENT MANAGER Steffanie Munroe BUSINESS DEVELOPMENT MANAGER Manasi Iyer ACCOUNT EXECUTIVE Adriel Jeffery Lexpert Special Edition Magazine is published two times a year. KEY MEDIA and the KEY MEDIA logo are used under licence by KM Business Information Canada Ltd. LEXPERT is a trademark of KM Business Information Canada Ltd. KM Business Information Canada Ltd 317 Adelaide Street West, Suite 910 Toronto, ON M5V 1P9 Tel: (416) 609-8000 Fax: (416) 609-5840 Website: www.lexpert.ca All rights reserved. Contents may not be reprinted without written permission. Lexpert® Magazine is printed in Canada. PUBLICATION MAIL REGISTRATION NO. 41261516. ISSN1488-6553 Copyright© KM Business Information Canada Ltd All rights reserved. GST/HST#: 79989 8465 RC-0001 EDITORIAL INQUIRIES tim.wilbur@keymedia.com SUBSCRIPTIONS/ADDRESS CHANGES Contact: Donnabel Reyes at (647) 374-4536 ext. 243 or email donnabel.reyes@keymedia.com. To change your subscription address, please send your new address along with a copy of your mailing label(s) to the Subscription Dept. at the address indicated above. For all other circulation inquiries, please email Donnabel Reyes. C anadian business litigation is evolving rapidly, driven by technology, procedural reform, and shifting client demands. These changes bring new efficiencies and fresh challenges to business leaders and legal advisors. Artificial intelligence has become embedded in Canadian law firms for litiga- tion and arbitration (p. 12). AI now handles document review and research, but Tracey Cohen of Fasken Martineau DuMoulin notes that human oversight is still crucial for privacy and enforceability. Adam Goldenberg at McCarthy Tétrault says that while AI can free lawyers for higher-level work, decision-making must remain with people. Clients expect the speed and savings AI brings, observes Mike Mestinsek of Stikeman Elliott, but technology can't replace legal judgment. AI's rise is also fuelling a new wave of class actions (p. 8). Andrew McCoomb of Norton Rose Fulbright Canada points to recent cases over AI-driven price- fixing, which are now appearing in Canadian courts aer gaining traction in the US. Nicole Henderson at Blake, Cassels & Graydon highlights lawsuits over AI companies scraping content for training data, with courts soon to decide if this counts as fair use. Privacy class actions are also shiing, with more claims now targeting improper use of data, not just breaches. Technological change is not the only trend disrupting dispute resolution in Canada. Ontario's proposed civil procedure reforms aim to tackle the culture of delay in commercial litigation (p. 4). Ian Matthews of Borden Ladner Gervais says long timelines have become routine, while Moya Graham at McCarthy Tétrault warns that procedural changes alone won't deliver faster justice without a fundamental cultural shi. Both agree that real improvement requires buy-in from the entire legal system. Amid these shis, advocacy remains essential. Angela Marinos of the Raoul Wallenberg Centre for Human Rights (p. 16) recently helped shape a Supreme Court decision on historical sexual violence, advancing protections for survivors. Her work shows that strong advocacy and principled arguments drive mean- ingful legal change. is edition profiles Canada's top litigators navigating AI, class action trends, and reform. e challenge ahead is to embrace innovation while maintaining legal judgment and integrity. Tim Wilbur, managing editor AI, advocacy, and a culture shift