Focus On

Civil Litigation


Tuesday, October 06, 2020 @ 1:28 PM

Waiver of solicitor-client privilege: Not so fast lawyer_client_sm

Solicitor-client privilege is best understood as a quasi-constitutional right to communicate in confidence with one’s lawyer. As an evidentiary concept, it applies only to confidential communication between clients and lawyers. It is sometimes confused, especially in the discovery context, with litigation privilege, which applies to communications of a non-confidential nature between the lawyer or the client and third parties for the purpose of the litigation. The former privilege lasts forever, while the latter ceases to exist upon termination of the dispute. However, either privilege can be waived via many means, including by a lawyer’s conduct. A case in point, is Hrvoic v. Hrvoic 2020 ONSC 4495, a refusals motion, which provides a good analysis of when correspondence or evidence from a lawyer can waive privilege. ... [read more]

Tuesday, October 06, 2020 @ 12:21 PM

Techniques for making video trials fair videotrial1.jpg

As we enter the second wave in Ontario it is clear that COVID-19 has completely disrupted the way we administer criminal justice. The courts have been forced to embrace video technologies that have, quite embarrassingly, been used in other professions for decades. ... [read more]

Tuesday, October 06, 2020 @ 9:20 AM

Summary judgment post COVID-19: Movement toward increased access to justice? Courthouse

COVID-19 is changing the world as we know it, particularly when it comes to the administration of justice. The courts have recognized both the need to bring the Ontario judiciary into the virtual world and the benefits that could be derived from same (which are already evident), including more timely and cost effective access to justice. ... [read more]

Tuesday, October 06, 2020 @ 9:16 AM

Former summer student joins Polley Faith as associate

Polley Faith announced that Emily Young has joined the firm as an associate. ... [read more]

Tuesday, October 06, 2020 @ 9:11 AM

Quebec Court of Appeal ruling clarifies licensing rules under Copyright Act: IP experts François Larose

A Montreal software company that was ordered to pay $125,000 in damages to a Quebec publisher for illicit and intentional copyright violations won a legal battle after the Quebec Court of Appeal overturned the lower court decision. ... [read more]

Monday, October 05, 2020 @ 3:22 PM

‘What do you mean I can’t get transcripts?’ cassette

Imagine you have just completed a 14-day trial by Zoom on behalf of your client. You did a bang-up job of presenting your case and an even better job of exposing the flaws in opposing counsel’s evidence. Nonetheless, the judge ruled against you. Never mind, that’s what appeals are for. Right? ... [read more]

Monday, October 05, 2020 @ 2:50 PM

Unbundled legal services for family cases in Ontario 2 people meeting

There is growing concern about the increase in self-representation in family proceedings and the resulting challenges faced by courts and litigants. One response is to facilitate use by self-represented litigants of unbundled legal services, so they can purchase a limited amount of advice, or focused representation, at a much lower cost than full representation. ... [read more]

Monday, October 05, 2020 @ 2:22 PM

COVID-19 and its effects on jurisdictional authorities online_health_sm

To say that this global pandemic has changed things just might be the understatement of the year. From decimating industries to complicating others and creating brand new opportunities, it is clear that the present context has changed the outlook of business for years to come — be it for better or worse. ... [read more]

Monday, October 05, 2020 @ 1:32 PM

Serving up notice: Reasonable notice periods during COVID-19 Businessman

Masks, sanitizer, distancing, bubbles, Zoom, working from home: COVID-19 has fundamentally altered workplaces across the country, as well as the security of the jobs that fill those workplaces. ... [read more]

Monday, October 05, 2020 @ 11:25 AM

Feds announce two appointments to Ontario Superior Court of Justice

The federal Department of Justice (DOJ) on Oct. 5 announced two judicial appointments for the province of Ontario.  ... [read more]