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Civil Litigation

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Thursday, February 25, 2021 @ 8:35 AM

Virtual vs. in-person trials: Benefits, negatives, considerations Female lawyer on video screen

Law has long been criticized as an industry that has been resistant to change. However, the COVID-19 pandemic has forced the legal profession to implement certain changes. The Ontario Court of Justice stated that many court proceedings are now not conducted in person but to be conducted via audioconference or videoconference. ... [read more]

Thursday, February 25, 2021 @ 8:29 AM

Top 10 business decisions of 2020 part one: From pipelines to anti-SLAPP Top Ten on a pedestal

What follows is our second annual list of the Top 10 business decisions in Canada for the just-ended year. This is a two-part series, which begins below with numbers 6-10, in ascending order. ... [read more]

Wednesday, February 24, 2021 @ 2:46 PM

Appeal Court ruling instructive on request to admit procedure in litigation, lawyers say Peter Denton, Wallbridge, Wallbridge Barristers & Solicitors, Sudbury, Ont.

A trial judge’s mishandling of a key litigation tool — a request to admit — and insufficient trial reasons have prompted the Ontario Court of Appeal to order a new trial in a case of alleged medical malpractice involving a Northern Ontario woman. ... [read more]

Wednesday, February 24, 2021 @ 2:33 PM

Lawyers and the OBA: Come blow your horn | Gary Joseph

In the midst of this pandemic, public confidence in government and various institutions has been strained (to put it mildly). At every turn it seems that our political leaders are failing us. The federal government’s vaccine response reminds me of the Keystone Cops skits of old. The operation of “Cottage Parliament” by our prime minister strikes many as an affront to democracy. Our provincial government’s shutdown policies are inconsistent and hard to understand. In all of this, certain segments of our society have bucked the trend and performed wonderfully. High on my list is the Ontario Bar Association (OBA). Full disclosure: I am a member but have absolutely no involvement in management of the OBA. ... [read more]

Wednesday, February 24, 2021 @ 9:57 AM

Tips for successful virtual discoveries Woman sitting in front of computer, videoconferencing with a group of people on the screen.

Like nearly every aspect of life, the way litigation is conducted has been drastically altered by the COVID-19 pandemic. As recent case law and practice directions have indicated, the court is not willing to accept there should be indefinite delays in order to conduct steps in the litigation in a pre-COVID manner. For example, while examinations for discovery would normally be conducted in a boardroom or at a reporting centre, the court is now actively encouraging them to be done over a video application, such as Zoom. ... [read more]

Wednesday, February 24, 2021 @ 8:32 AM

Helping your mediator help you | Stuart Rudner

“Convince me.” When I am your mediator, that is your job. The easier you make it for me to understand your case, the easier it will be for me to put your case forward in the other room. As I often say, at mediation, you want to “help your mediator to help you.” ... [read more]

Wednesday, February 24, 2021 @ 6:31 AM

LIMITATION OF ACTIONS - Legislation - Interpretation - When time begins to run

Appeal by the Attorney General of Canada and a federal government officer (Canada) from the dismissal of their motion for the summary dismissal of the respondent Utah’s action. ... [read more]

Tuesday, February 23, 2021 @ 1:24 PM

Newfoundland court closes doors due to COVID-19 spread

The Supreme Court of Newfoundland and Labrador is suspending its normal operations for the rest of February and throughout March in response to rising COVID-19 numbers in the province. According to a recent online notice and accompanying documents, all in-person appearances, including jury trials, will be postponed — save for some “limited exceptions.” Only urgent matters will proceed virtually from Feb. 22-26. ... [read more]

Tuesday, February 23, 2021 @ 1:15 PM

The opioid crisis: Assessing Canada’s hidden epidemic | Serena Eshaghurshan

In my previous article, I discussed various socioeconomic disadvantages that serve as systemic barriers to equitable access to justice outcomes. Marginalized and vulnerable segments of our population are disproportionately affected by adversity and hardship, both internal and external to the legal system. However, such disparity is not wholly limited to the justice system. In this article, I will discuss the effect of such disparities in the context of Canada’s opioid crisis. ... [read more]

Tuesday, February 23, 2021 @ 9:32 AM

New law society boss prepares for post-pandemic future Leah Kosokowsky, CEO of the Law Society of Manitoba

New Law Society of Manitoba chief executive officer Leah Kosokowsky has been handed the baton of leadership during unprecedented times for the regulator. In a recent interview with The Lawyer’s Daily, Kosokowsky talked of the road going forward as the Law Society of Manitoba (LSM) continues its efforts to navigate the social and economic impacts of COVID-19, as well the need for the society to keep an eye on a stalled legislative bid to expand the roles of paralegals and other non-lawyer practitioners in the province. ... [read more]