Professor Marina Pavlović is interested in what ethical considerations go into crafting such contracts. She has been awarded the 2025–2026 OBA Foundation Chief Justice of Ontario Fellowship in Legal Ethics and Professionalism to conduct a groundbreaking study on this topic.
Her new project, entitled “Ethics of Drafting Standard Form Contracts” asks a timely and important question: What ethical responsibilities do lawyers have, not just to their clients, but also to the people who must live under these contracts? This question has become even more pressing since the Supreme Court of Canada’s 2020 decision in Uber v. Heller, which urged greater fairness and accessibility in these types of agreements. From cell phone agreements to employment contracts, these standard forms generally must be accepted on a “take-it-or-leave-it” basis, leaving little room for negotiation by the consumer or worker who signs them.
This project will be the first in Canada to survey Ontario lawyers about how they draft contracts in these contexts. Professor Pavlović will explore how lawyers balance client interests, whether they adapt or copy standard terms, and how new tools like artificial intelligence are changing the drafting process. As AI increasingly accelerates the creation of “boilerplate” terms, Professor Pavlović’s research will shed light on the risks and responsibilities this technology introduces.
By combining legal analysis with empirical research, this fellowship project aims to inform professional standards and ultimately improve contract drafting in Canada, helping it keep pace with technological change while still reflecting core values of fairness and justice.
The prestigious supports groundbreaking research that strengthens understanding of ethics and professionalism in the legal profession across Canada.
Congratulations to Professor Pavlović!