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Civil Litigation

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Monday, July 29, 2019 @ 2:05 PM

Power of framing, illusory truths in everyday legal practice twoheadsteal

This is the second part of a three-part series discussing how cognitive biases and heuristics can affect everyday legal practice. Part one discussed the well-known concept of anchoring. This second part discusses two further concepts: “framing” and the “illusory truth effect.” These concepts are particularly relevant to effective advocacy. ... [read more]

Monday, July 29, 2019 @ 12:51 PM

McKelvey partner named chair of Sport Resolution Centre of Canada

Stewart McKelvey announced that Halifax partner Mick Ryan has been named Sport Dispute Resolution Centre of Canada (SDRCC) chair for a two-year term. ... [read more]

Monday, July 29, 2019 @ 11:10 AM

Adverse costs insurance a compensable disbursement Businessman falling on money

Over the past 10 years, adverse costs insurance has become more prevalent in Ontario, particularly in the field of personal injury law. Adverse costs insurance, commonly referred to as “after the event insurance,” provides insurance if a party’s legal action fails and the party is ordered to pay costs to the other side of the litigation. ... [read more]

Monday, July 29, 2019 @ 9:56 AM

REGULATION OF PROFESSION - Compensation funds

Appeal by the Law Society of New Brunswick from a judicial review judgment ordering assessment of a compensation claim by the respondent, Canada Law Financing (CLF). ... [read more]

Friday, July 26, 2019 @ 1:23 PM

Five former articling students join Lavery as associates

Lavery Lawyers announced it has hired the following five former articling students as associates: Rosemarie Bhérer Bouffard, Shereen Cook,  Katerina Kostopoulos, Elizabeth Martin-Chartrand and Jean-François Maurice. ... [read more]

Friday, July 26, 2019 @ 1:07 PM

Second $100M class action settlement further sours RCMP reputation one bad apple

It is nothing less than a national tragedy that the Royal Canadian Mounted Police (RCMP) — a police force that used to be respected — is now dealing with a second $100 million class action sexual harassment settlement by female officers. For more than 100 years, the RCMP was a police force with integrity, distinction and honour. The worldwide perception of the RCMP was right up there with England’s MI5 and MI6 as well as the FBI. ... [read more]

Friday, July 26, 2019 @ 9:28 AM

Supreme Court of Canada nominee Kasirer says policy-making is for legislators, not judges Nicholas Kasirer

Quebec Court of Appeal Justice Nicholas Kasirer says he finds oral advocacy “very useful” in deciding appeals and advises counsel to hone in on what’s most important when making their arguments. That was among the insights the fluently bilingual 59-year-old Supreme Court of Canada nominee from Quebec shared at a decorous and non-partisan question-and-answer session in Ottawa July 25 ... [read more]

Friday, July 26, 2019 @ 6:03 AM

CIVIL PROCEDURE - Third party procedure - Availability

Appeal by the defendant insurer from the dismissal of its third party claim against the plaintiffs’ lawyers. ... [read more]

Thursday, July 25, 2019 @ 12:31 PM

Case highlights ability for clients, counsel to speak publicly on ongoing lawsuits, lawyer says Andrew Monkhouse sm

The Ontario Superior Court of Justice has dismissed a defamation counterclaim against a former employee seeking damages for wrongful dismissal after she spoke publicly about an insurer’s alleged discriminatory policies. The court ruled the matter to be of public interest. ... [read more]

Thursday, July 25, 2019 @ 9:58 AM

In pursuit of fairness: A call for CPP disability reform | Brad Moscato

For Canadians struggling with a disability, the Canada Pension Plan disability benefits (CPP benefits) can prove essential to their health and well-being. However, the plan’s limitations can make it difficult for some Canadians to find the support they need. ... [read more]