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Monday, March 01, 2021 @ 1:20 PM

Black history month: Going beyond statements of support | Charlene Theodore

The Ontario Bar Association’s Black History Month campaign, #StandingOnTheShouldersOfGiants, celebrated the Black lawyers who paved pathways — those tireless champions who have for decades fought the never-ending and often lonely fight for equality and inclusion in the profession. It is on their shoulders I stand as the first Black president of the OBA. I thank them and I am proud to say that their legacy is reflected in the work and the diversity of our members.    ... [read more]

Monday, March 01, 2021 @ 9:43 AM

CIVIL PROCEDURE - Pleadings - Amendment of - Adding new defence

Appeal by the plaintiff from an order granting Economical Mutual leave to amend its statement of defence and allege that the acts of medical professionals and a hospital contributed to the appellant’s injuries. ... [read more]

Monday, March 01, 2021 @ 8:41 AM

The Coach: Succession planning for large firms, part one | Gary Mitchell

The past two months I have written about succession planning for smaller firms. This two-part series is about succession planning for larger firms. ... [read more]

Friday, February 26, 2021 @ 8:31 AM

Wellness: The good, the bad and the ugly of Zoom | Darryl Singer

I absolutely love our profession’s adaptation to Zoom in the last 10 months. While I remain, after all these years, passionate about being a litigator and enjoy nothing more than a day in court, discovery or mediation, the travel was really starting to get to me. I live in Thornhill, Ont., which for those outside of the Greater Toronto Area (GTA), is a suburb just north of Toronto proper, but about 30 kilometres from downtown, which in Toronto traffic is anywhere from one to two hours in rush hour. ... [read more]

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 @ 12:56 PM

Homegrown terrorism in Canadian courts | John L. Hill

Everyone is familiar with the mob attack on the U.S. Capitol on Jan. 6. A multitude of arrests ensued with American media speculating that insurrectionists could be facing penitentiary terms of up to 20 years. Yet in Canada, the frequency and magnitude of homegrown terrorism is thought of as a thing of the past — when the FLQ crisis in the early 1970s was a national concern. ... [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]