litigation


  • Judges should examine if drivers criminally culpable

    Judges should examine if drivers criminally culpable

    Dec 11, 2017

    The Ontario Court of Appeal is reminding trial judges that in cases involving a fatal collision between a vehicle and a pedestrian, the focus should be on whether the driver’s actions were criminally culpable and not the specific circumstances of the collision.

  • Life support case raises questions for lawyers

    Life support case raises questions for lawyers

    Dec 11, 2017

    An Ontario judge has ordered costs personally against a lawyer who brought an emergency application to stop a hospital from taking her client off life support, despite having no instructions from him or his family to do so.

  • No movement on scrapping surcharge

    No movement on scrapping surcharge

    Dec 11, 2017

    The federal government says it has not taken further steps to give judges the discretion to waive the mandatory victim surcharge, despite announcing its intention to do so 14 months ago, because of a lack of time available in Parliament.

  • Issue coding on documents can present challenges

    Issue coding on documents can present challenges

    Dec 4, 2017

    In order to easily find information as part of e-discovery databases, issues must be coded in order to be searchable in the course of litigation.

  • Communication important for good e-discovery

    Communication important for good e-discovery

    Dec 4, 2017

    When it comes to e-discovery, Ontario’s Rules of Civil Procedure make having a discovery plan mandatory. Lawyers say that what makes a good discovery plan is good communication and the sense of proportionality to the volume of documents being produced.

  • Lawyers say expert bias still significant problem

    Lawyers say expert bias still significant problem

    Dec 4, 2017

    Personal injury lawyers say a recent arbitrator’s decision is a strong rebuke of expert bias that highlights the problem of professionally paid experts in insurance dispute cases.

  • Public space precedent

    Dec 4, 2017

    The finding in a recent Ontario Superior Court of Justice Small Claims Court case, Vanderveen v. Waterbridge Media Inc., is worthy of note.

  • Discipline launched after fees allegedly paid

    Discipline launched after fees allegedly paid

    Dec 4, 2017

    The Law Society of Upper Canada has initiated discipline proceedings against a Brampton, Ont. lawyer for allegedly agreeing to pay a Florida-based company for referrals. LSUC investigators have claimed that lawyer John D’Alimonte has been involved in an arrangement in which he or his firm — the Merricks Law Group — agreed to pay a Florida-based medical and legal referral service called 1-800-Ask-Gary for referrals.

  • Need to retain original wills emphasized

    Need to retain original wills emphasized

    Nov 27, 2017

    An Ontario judge has found that a deceased woman, who had a $7-million estate, did not mean to revoke her will that made a retirement home’s foundation her beneficiary.

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