Focus On

Civil Litigation


Thursday, April 22, 2021 @ 12:31 PM

Strain from too much screen time: The eyes have it Woman with closed eyes

It has been exactly a year since I wrote an article for The Lawyer’s Daily on the struggles of being a working parent at home while homeschooling children who are supposed to be learning on Zoom (but are, let’s face it, either playing video games in their room or hiding in their bed). Things were tough, but they were going to get better. After all, there’s no way these kids would still be virtual learning a year from now, right? ... [read more]

Thursday, April 22, 2021 @ 11:17 AM

Privacy breach class action fails on merits, a first in Canada Anne Merminod, a class action defence lawyer with Borden Ladner Gervais LLP

A privacy class action following the loss of a laptop was dismissed at the merit stage, a first in Canada, in the wake of a Quebec Superior Court ruling that legal observers assert outlines a roadmap for organizations faced with a privacy breach. ... [read more]

Wednesday, April 21, 2021 @ 4:04 PM

Ontario Superior Court urges deferral of proceedings due to stay-at-home order

Ontario’s Superior Court of Justice has announced that, effective immediately, it will defer as many matters as possible due to the current, provincewide stay-at-home order. The deferral decision includes virtual hearings and is intended to reduce the number of court staff, counsel or parties required to leave their homes to participate in court proceedings, the court said in an April 20 notice to the profession and public. ... [read more]

Wednesday, April 21, 2021 @ 2:10 PM

Google brings you 100,000 answers; librarians bring you the right one | Ciara Ward

I would hope that most people realize by now that libraries are more than books. As author Neil Gaiman observes, “If you perceive a library as a shelf of books, it may seem antiquated or outdated … that is to miss the point fundamentally. I think it has to do with nature of information. Information has value, and the right information has enormous value.” ... [read more]

Wednesday, April 21, 2021 @ 1:56 PM

The demise of oral advocacy? | Gary Joseph

This week I had the privilege of arguing two difficult appeals in the Ontario Court of Appeal. I am a perfectionist and my own biggest critic, so later while reflecting on my advocacy this week, I had time to pause and think about how I got to this point in my career. More specifically how whatever skills I do possess as an advocate, came to be. Two immediate thoughts came to mind, watching and doing. Having a great interest in the development of young advocates, I then reflected on what opportunities I had that perhaps they do not and will not have to develop their skills. ... [read more]

Wednesday, April 21, 2021 @ 11:45 AM

Bullying doesn’t start with the bully | Andrew Rogerson

Over the past several years, we have seen an influx of young people and their parents reaching out for help against bullying. It is distressing to meet parents who feel powerless in protecting their children against bullying and who are turning to legal action as a last resort. There is a common link amongst many of these families — private and independent schools. ... [read more]

Wednesday, April 21, 2021 @ 8:47 AM

Animo revocandi and the presumption of revocation Hands tearing up a document

Animo Revocandi is a Latin term which means the intention to revoke. It is the state of mind to revoke, recall or annul. When an individual passes away with a will, but the original signed, witnessed will cannot be located, the law presumes that the testator intentionally destroyed the will. Absent a rebuttal of this presumption the individual’s estate will be administered in accordance with a prior will, provided the original can be found, or the individual will result in an intestacy. ... [read more]

Tuesday, April 20, 2021 @ 2:29 PM

New Brunswick First Nations eye court action after tax-sharing cancelled Derek Simon, Burchells LLP

First Nations communities in New Brunswick are eyeing legal action after the province announced it is pulling out of tax-sharing agreements historically aimed at putting money back into reservations. This follows an April 13 announcement by New Brunswick Premier Blaine Higgs that his Conservative government would not be renewing long-standing revenue sharing agreements with 13 Mi’kmaq and Wolastoqey Frist Nations in that province. ... [read more]

Tuesday, April 20, 2021 @ 1:27 PM

Lenczner Slagt welcomes new research counsel, new associate

Lenczner Slagt announced the addition of Lynne McArdle as research counsel and Lidiya Yermakova as associate. ... [read more]

Tuesday, April 20, 2021 @ 1:08 PM

Wolf in sheep’s clothing: The legacy of Bernie Madoff Wolf in sheep's clothing

On April 14, 2021, Bernie Madoff died in a federal prison in North Carolina at the age of 82, while serving a 150-year prison sentence for fraud. The victims of his infamous Ponzi scheme, upon hearing the news, were quoted as saying, “I couldn’t wish enough bad things on him.” and “Death is too good for him.” ... [read more]