• Assessments mess

    Apr 16, 2018

    In March 2017, an Ontario Divisional Court ruling had sharp words for the province’s Ministry of the Attorney General over issues with its assessments office.

  • Precedent-setting costs award upheld

    Precedent-setting costs award upheld

    Mar 26, 2018

    Lawyers say a recent case, in which a deputy judge ordered an unsuccessful litigant to pay $21,000 in costs to a defendant who spent more than $158,000, exposes the inability of the Small Claims Court to impose high penalties on people who bring meritless litigation.

  • OCA rules on emergency doctrine

    OCA rules on emergency doctrine

    Mar 5, 2018

    An Ontario Court of Appeal justice has warned against “summary judgment at all costs” in her dissent of a ruling on the application of the doctrine of emergency in a personal injury case.

  • Post-Hryniak pushback

    Mar 5, 2018

    When the Supreme Court of Canada delivered its landmark judgment in Hryniak v. Mauldin in 2014, it marked a massive shift in the way civil litigation was approached.

  • Rhetoric vs. reality on self-represented litigants

    Mar 5, 2018

    Currently, there is a tension between the rhetoric and reality of civil litigation practice in cases involving self-represented litigants.

  • Judge blasts lawyers over $3,500 dispute

    Judge blasts lawyers over $3,500 dispute

    Jan 22, 2018

    An Ontario judge has criticized the conduct of two personal injury lawyers as “shameful” in a dispute over less than $3,500.

  • AI needs debate about potential bias

    Jan 15, 2018

    Artificial intelligence — or, at a high level, computer systems that are self-learning and self-executing — is introducing profound efficiencies to the legal industry by automating an increasing number of tasks traditionally performed by legal professionals.

  • Language rights

    Jan 15, 2018

    When one is not a French speaker or living or practising inside Quebec or other areas of French-speaking Canada, it might be easy to lose sight of the importance of French-speaking judges and French legal services.

  • OCA rules on partial summary judgment

    OCA rules on partial summary judgment

    Oct 23, 2017

    The Ontario Court of Appeal has issued a warning to lawyers that they should only bring partial summary judgment motions in the clearest of cases.

  • Modern technology needed in civil courts

    Modern technology needed in civil courts

    Oct 2, 2017

    During his tenure on the Superior Court, the frustrations expressed in rulings by Justice David Brown about the failure to make use of modern technology in the civil courts was not noted only by the legal community in southern Ontario.

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