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Monday, April 20, 2020 @ 2:22 PM

Advice on winning first virtual appeal: Exceptional electronic documents BWvideoconference

Hand-in-hand with the significance of writing persuasive facta, preparing and filing exceptional electronic documents is key to effective e-hearing advocacy. As many among us, both bench and bar, work through the transition to a more virtual delivery of justice there will no doubt be learning curves on all sides. ... [read more]

Monday, April 20, 2020 @ 9:01 AM

Technology and the courts: Now or never | Neil Wilson

The COVID-19 pandemic has ground justice to a halt together with the rest of society. The only way to keep going will be to finally embrace what the justice system has resisted for so long: the use of technology. As the saying goes “necessity is the mother of invention” — or, in our case, necessity may be the mother of finally applying long-available inventions to the trade of lawyering. ... [read more]

Friday, April 17, 2020 @ 1:50 PM

Welcoming e-advocacy: Advice on winning your first virtual appeal V&Wvideoconference

The world of advocacy is changing. With the advent of social distancing how we deliver legal services, and especially how we assist clients navigating the justice system in our courts, has changed abruptly and significantly. ... [read more]

Friday, April 17, 2020 @ 11:02 AM

Problem with Ontario courts: A report from the trenches manwithpilepapers

Ontario’s court system is a behemoth of bureaucracy. When functioning properly, bureaucracy can be beneficial. The criminal justice system requires meticulous record-keeping to operate. Procedures act as safety valves to protect the public. Even sceptics of deterrence’s effectiveness accept that the overall system deters crime. Being dragged into the system provides a deterring effect in the same way that one wants to avoid a vehicle collision to avoid insurance paperwork. ... [read more]

Thursday, April 16, 2020 @ 8:50 AM

Hydroxychloroquine and the Hippocratic oath hcqs_capsule_sm

The quote is so popular that most people have heard it: primium non nocere, or “first, do no harm.” This abstentionist principle, more often referred to as the Hippocratic Oath, has almost entirely encapsulated the essence of medical ethics since its first formulation in 410 BC. Today, its wisdom resonates as much in medical research ethics committees as in Quebec’s Code of Ethics of Physicians, where ss. 47 and 48 directly draw this age-old principle into substantive law: ... [read more]

Thursday, April 16, 2020 @ 8:36 AM

PRACTICE AND PROCEDURE - Charge to jury - Jury's answers - Negativing forms of negligence

Appeal by the plaintiff from the trial judge’s dismissal of motions to strike the jury and to declare a mistrial in the plaintiff’s personal injury action. ... [read more]

Wednesday, April 08, 2020 @ 2:20 PM

Ontario Court of Appeal rules multiple insurers must pay to defend in case of hockey fan’s injury David_Boghosian

Ontario’s highest court has ruled both the insurer for the City of Markham and the insurer for Hockey Canada are responsible to pay legal costs for defending the city in a case arising from an injury at a Markham Waxers hockey game in 2015. ... [read more]

Wednesday, April 08, 2020 @ 12:40 PM

B.C. civil resolution tribunal extends deadlines, waives fees during pandemic

The British Columbia Civil Resolution Tribunal (CRT) is extending statutory deadlines and waiving fees for those struggling financially during the COVID-19 pandemic. ... [read more]

Wednesday, April 08, 2020 @ 11:39 AM

Lawyers must remain essential service as long as reasonably possible | Arthur Zeilikman

It would be a serious undertaking to tally all of the clichés and negative stereotypes that exist about lawyers and their seeming dispensability within society. Shakespeare’s oft-quoted line from Henry VI — "The first thing we do, let’s kill all the lawyers” — usually comes to mind as the most infamous and callous of such satirical jabs. Whatever the true intent behind the incitement, one thing is clear: the question of a lawyer’s utility always makes for a lively conversation.     ... [read more]

Tuesday, April 07, 2020 @ 1:12 PM

Exposed: What COVID-19 has taught us | Gary Joseph

The COVID-19 virus is a risk to all but specifically it targets and exposes the elderly and those with compromised immune systems. In the same way the pandemic has exposed our court system for what it is, an “elderly” system developed to service a 1970s population drowning in a media/web savvy 21st century. Our judicial and court leaders are struggling to make it work in an environment where failure is inevitable. The structure of our courts and the supports built around it are paper intensive and people intensive. They cannot adept quickly to the fast-changing environment. This is not a criticism of our judicial leaders but a sad refrain for those who long ignored the need to upgrade technology and facilities. ... [read more]