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Civil Litigation

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Friday, April 28, 2017 @ 12:26 PM

B.C. appeal court upholds negligence ruling against hospital, nurses Subscriber only content Barbara Webster-Evans

In upholding a lower court’s awarding of damages to a man who suffered a permanent brain injury after attempting suicide at a downtown Vancouver hospital, British Columbia’s Court of Appeal has relied on the evidentiary doctrine of subsequent repair, according to veteran Ontario civil litigator James Morton. ... [read more]

Friday, April 28, 2017 @ 08:47 AM

When real estate projects become insolvent Subscriber only content

This is the first of a series of three articles that address issues when a real property developer becomes insolvent. ... [read more]

Friday, April 28, 2017 @ 08:40 AM

Bridging the chasm between Big Law and clients | Julius Melnitzer Subscriber only content

This is not fake news: “Not a single client interviewed was satisfied with what law firms provide.” ... [read more]

Thursday, April 27, 2017 @ 08:37 AM

Emotional intelligence and the art of negotiation Subscriber only content

A few years according to negotiator coach Jim Camp, neuroscientist Antonio Damasio made a ground-breaking discovery. He studied people with damage in the part of the brain where emotions are generated. He found that they seemed normal, except there was one peculiarity, not only were they unable to feel emotions, they were also unable to make decisions. According to Camp, this finding has enormous implications for lawyers who spend most of their time negotiating. Lawyers who believe they can build a case for their side using reason and logic alone are doomed to be poor negotiators as they don’t understand or appreciate that the real factors driving the other party to come to a decision, aren’t based on logic, but rather on emotion. ... [read more]

Wednesday, April 26, 2017 @ 11:38 AM

Markson inducted into International Academy of Trial Lawyers

... [read more]

Wednesday, April 26, 2017 @ 11:35 AM

Spark LLP hires its first associate

Just over a year since Spark LLP opened its doors in downtown Toronto, the firm has hired Samantha Schreiber as its first associate. ... [read more]

Wednesday, April 26, 2017 @ 08:49 AM

Privacy laws struggle with ‘smartphones on wheels’ Subscriber only content WiFi car

In late March 2017, the Office of the Privacy Commissioner of Canada (OPC) appeared before the Senate Committee on Transportation and Communications to discuss some of the privacy issues associated with connected and automated vehicles. Over the past few years, the OPC and other organizations have been studying the privacy concerns surrounding connected and automated cars. However, as of yet, there are no comprehensive policies addressing privacy and modern automobiles. ... [read more]

Wednesday, April 26, 2017 @ 08:36 AM

Coming clean about non-disclosure | John-Paul Boyd Subscriber only content

It’s been more than 20 years since Justice Peter Fraser described non-disclosure as “the cancer of matrimonial litigation” in Cunha v. da Cunha, and yet problems securing adequate financial disclosure continue to bedevil family law disputes. ... [read more]

Wednesday, April 26, 2017 @ 08:27 AM

CONSTITUTIONAL PROCEEDINGS - Practice and procedure Subscriber only content

Appeal by Capital District Health Authority (Authority) of a motions judge’s decision to certify a class proceeding against the Authority. The Authority operated a hospital that cared for patients who had been found unfit to stand trial or not criminally responsible. The hospital’s staff accumulated information that patients had accessed illicit drugs and conducted strip searches of 33 patients in hospital, one of whom was the respondent, Murray. Murray had applied for certification of a class proceeding on behalf of the strip-searched patients against the Authority. The claims related to a breach of s. 8 of the Canadian Charter of Rights and Freedoms and the tort of intrusion upon seclusion. A motions judge certified the proceeding. The Authority appealed, arguing the judge erred in determining that there were common issues and that a class proceeding would be the preferable procedure. The Authority asked that the motion for certification be dismissed. ... [read more]

Wednesday, April 26, 2017 @ 08:26 AM

CIVIL PROCEDURE - Pleadings - Striking out pleadings or allegations - Grounds - Failure to disclose a cause of action or defence - Lack of jurisdiction Subscriber only content

Motion by the Office of the Ombudsman to strike out the plaintiff’s Statement of Claim and for dismissal of the action against it; motion by the Legislative Assembly of Ontario (Assembly) to dismiss the action as against it for lack of jurisdiction. The plaintiff claimed declaratory relief and damages for wrongful dismissal based on his termination as the Ombudsman of Ontario. He pleaded that the Office of the Ombudsman and the Assembly were his employers. The plaintiff had not been re-appointed for a third term when his second term expired. The Court considered whether, as a matter of law, the Ombudsman, as an officer of the Legislature, was or could be employed by the Office of the Ombudsman. ... [read more]