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The Rise of Case Conferences in Litigation
In Innocon Inc. v. Daro Flooring Constructions Inc., 2021 ONSC 7558, Justice F. L. Myers writes that “Parties should expect case conferences to be used to resolve summarily procedural issues with...
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Court’s Obligations to Self-Represented Litigants
In Grand River Conservation Authority v. Ramdas, 2021 ONCA 815, the Ontario Court of Appeal discusses the obligations that the court has to self-represented litigants. Below is an excerpt of some key...
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Helpful Tips for Motions
In Basaraba v Bridal Image Inc., 2021 ONSC 8038, the defendants brought a motion for summary judgment to have a “slip and fall” case dismissed. The defendants lost the motion. In writing his decision,...
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Judge Orders Trial to Proceed Virtually over Counsel’s Objections
In light of the Omicron variant, in-person civil jury trials have been suspended in Ontario. This has impacted many cases, which were slated for trial in January 2022. One of these cases was Fraser...
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Helpful Tips for Using CaseLines
CaseLines is being used in most court proceedings in Ontario. But it is a technology that many counsel struggle with using. In the decision Bowman v Uwaifo, 2022 ONSC 678, Justice Myers provides...
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New Tort of Family Violence
Photo by Ivan Bertolazzi on Pexels.com In Ahluwalia v. Ahluwalia, 2022 ONSC 1303, Justice Mandhane of the Ontario Superior Court of Justice writes about the tort of family violence. In this case, the...
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Improving Access to Justice: Trauma Informed
In the article, “Measuring Improvements in Access to Justice“, the authors Brea Lowenberger et al, expertly write about measuring the effectiveness of access to justice initiatives. A quick summary is...
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Factors to Consider When Bringing Your Next Civil Motion
“A lean compromise is better than a fat lawsuit”. – George Herbert In Dalquee v Gandhi, 2022 ONSC 3521, the defendant brought a motion to strike the claim of the plaintiffs, without leave to amend. The...
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Can Discovery Evidence be Used in a Criminal Trial – Guidance from the SCC...
Four years ago, I wrote about the use of discovery evidence in criminal matters (linked: here). Today (June 30, 2022), the Supreme Court of Canada has provided greater guidance on this question,...
View ArticleSocial Host Liability – Recent Case Law
Social host liability is an area of law that is still being established. So far the courts are reluctant to find a prima facie duty of care. Without establishing a duty of care, negligence cannot be...
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