Winning The Battle But Losing The War - The Risk Of Selective Disclosure In Litigation
I have written before about the risks involved in litigation including having to pay the costs of the opposing party. An Ontario...
Will You Be Sorry For Saying "I'm Sorry" - The Effect Of The Apology Act On Litigation
One of the comments that I, as a litigator, frequently hear is: "but s/he apologized". "Isn't that admitting s/he did it [the...
Lawyer Personally Liable For Costs - The Dangers Of A Vexatious Client
Lawyers have been, on more than one occasion, called "hired guns" who will take on any case in order to either win or make money. After...
Going Through The Motions: Potential Cost Consequences Of Failing To Meaningfully Mediate
Under the Insurance Act, an insurer is required to participate in mediation if the insured requests mediation. The insurer is also...
How To Deal With A Vexatious Litigant
Difficult people exist. So do extremely difficult people. Some will yell and scream to get their own way. Others will threaten and...
Failure To Use Certified Translation May Not Be Fatal to Case
Under the Courts of Justice Act, any foreign language document that is admitted into evidence in a court proceeding must be accompanied...
How To Simultaneously Win And Lose In Litigation
A very recent Ontario Superior Court decision on costs demonstrates how someone can simultaneously win and lose the litigation battle. ...
Lawyer Bench-slapped For Egregious, Abusively Glacial Delay (Plus Advice For Clients If Action Isn&#
Early in almost every legal action, I am asked by my client how long the matter is likely to take. There is no easy answer. Some...
Testimony In Court Via Video-Conference: Some Considerations
Technology has infiltrated every area of our lives from communications to entertainment to business to litigation. A recent Ontario...
"The Rules of Civil Procedure are Largely Discretionary"?
I distinctly remember a conversation between myself as a young lawyer and an older, opposing counsel in which he advised me that "the...