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Wednesday, August 12, 2020 @ 8:27 AM

Navigating the modern courtroom: Embracing the change | Karen Heath

The incessant tap-tapping of an enthusiastic typist is part of the steady thrum of courtroom din that you become accustomed to during a lengthy matter. The feverish note taking of a second chair grasping on to each uttered word from the witness is often punctuated by the distinctive tap of the enter key. A new line, a break in thought, nary a breath taken by the witness; and the melody resumes. For opposing counsel (and maybe even co-counsel) it is likely a nuisance. Depending on the real estate of the courtroom, it may border on intrusive. ... [read more]

Tuesday, August 11, 2020 @ 9:35 AM

Fifty shades of compliance: Automating privacy impact assessments automated_privacy_assessment_sm

What we consider to be private is subjective and contextual. Our views on privacy vary depending on the nuances of the culture, values and technology our personal data is handled within. This is why privacy does not always fit within the black and white letter of the law. Rather, privacy is a myriad of shades of grey. What further adds to the complexity of privacy is our fluctuating level of trust with companies that collect, use and disclose our personal information. ... [read more]

Monday, August 10, 2020 @ 9:35 AM

Church’s vicarious liability in Mount Cashel abuse scandal transcends religion, says lawyer Eugene_Meehan_sm

A Newfoundland court’s finding that the Archdiocese of St. John’s is vicariously liable for historical sexual abuse at the former Mount Cashel orphanage should be a warning to entities controlling lower institutions that there is a “continuing legal responsibility” to protect others, says a lawyer involved. ... [read more]

Monday, August 10, 2020 @ 8:18 AM

Opening statement at a mediation: An overview opening_statement_sm

A mediation brings collaboration to the adversarial process by shifting the focus away from an impending courtroom battle to the parties’ interests. Whether mandatory or voluntary, it is an opportunity to resolve a dispute without the high costs and delays associated with a trial. It is a rare moment when the parties have complete control over the timing and outcome of a claim. ... [read more]

Friday, August 07, 2020 @ 8:31 AM

Why does Ontario continue its suspension of limitation periods? | Tom Macmillan

In part one, I asked: why we are delaying the running of limitations periods for countless actions in Ontario? Two thoughts come to mind, but neither seems to adequately answer the question. ... [read more]

Wednesday, August 05, 2020 @ 2:03 PM

Being rude in court: Disciplinary sanctions screaming_mouth_sm

In part one of this series we summarized the scope of that rather elusive line as to when a lawyer would cross into uncivil communications with opposing counsel and reviewed a governing Code of Conduct and The Advocates’ Society’s principles regarding civility in support of our conclusions. In this part we will take a look at case studies in order to illuminate just what the boundaries of civil communications between counsel may be. ... [read more]

Wednesday, August 05, 2020 @ 11:35 AM

Bogoroch & Associates adds two lawyers

Bogoroch & Associates LLP announced that Kristina Maitland and Shanil Patel have joined the Toronto personal injury firm as associates. ... [read more]

Friday, July 31, 2020 @ 11:35 AM - Last Updated: Wednesday, August 12, 2020 @ 10:03 AM

Time stands still: Ontario continues suspension of limitation periods | Tom Macmillan

Lawyers and litigants in Ontario looking for a return to normal practice in civil matters will have to wait a bit longer. The province of Ontario announced last month that emergency orders under s. 7.0.2(4) of the Emergency Management and Civil Protection Act are further extended to Sept. 1. ... [read more]

Thursday, July 30, 2020 @ 1:38 PM - Last Updated: Friday, July 31, 2020 @ 11:22 AM

Ontario launches commission to investigate long-term care COVID-19 deaths

The Ontario government is launching a three-person commission to investigate the hundreds of COVID-19 deaths in the province’s long-term care homes, but critics say the move falls far short of a full public inquiry. ... [read more]

Thursday, July 30, 2020 @ 9:16 AM

Justice and the pandemic: What has to change Canada_COVID_sm

This article is the last of a five-part series examining our courts’ response to the pandemic and what it means for the future of the civil justice system. ... [read more]