10 Ways To Save Waste Money On Your Lawsuit
October 3, 2024 By Brian Babcock Don’t tell your lawyer the truth. Don’t tell your lawyer the whole story up front. Don’t organize your documents before you bring them to your lawyer. Don’t bring all of the documents at one time. Don’t pay attention to the broad definition of documents on production- leave out electronic […]
The Best Defence…
October 1, 2024 By Jonathon Clark The best defence may not always be a good offence, but it should tell a good story. So far our posts about story telling have focused on the Plaintiff side and the Statement of Claim. Now, we look at the Statement of Defence. It is much harder to tell […]
10 Things To Know About Injunctions
September 26, 2024 By Brian Babcock Did you listen to or read the news about encampments and injunctions and wonder what they were talking about? Here are 10 things you need to know about injunctions, except maybe in Quebec: Courts may order an injunction where it is “just and convenient” to do so. Injunctions are […]
Who Gets The Dog Part 2
September 24, 2024 By Brian Babcock We posted an article recently highlighting the issue of the risk of battles over dog ownership, focused on the case of Carvalho v. Verma, a particularly hard-fought battle. How hard fought? The court has now considered the costs of this application. Noteworthy is the fact that the two sides […]
Eight More Things To Know About Solicitor-Client Privilege
September 19, 2024 By Jonathon Clark Solicitor-client privilege is of profound importance in our system of justice. Yet the rules of evidence governing privilege are complex. That makes the Superior Court decision in Quadrangle v. AG Canada, instructive. It makes several important points: Solicitor-client privilege applies to communications between a solicitor and client directly leading […]
Expert Evidence In Applications
September 17, 2024 By Brian Babcock Applications are an alternative form of proceeding. An application may be commenced rather than an action where there are unlikely to be factual disputes. Evidence in applications usually takes the form of affidavits. But what about expert evidence? The Ontario Court of Appeal, in 1000029174 Ontario Inc. v. Miculinic […]
Put Your Best Foot Forward
September 12, 2024 By Jonathon Clark If confronted by a motion for summary judgment, you must “put your best foot forward.” A motion for summary judgment is an alternative to having your lawsuit resolved through a trial. Prior to 2008, when the rule was amended, summary judgment was rarely available. Under the amendment to the […]
What Is Civil Litigation?
September 10, 2024 By Jonathon Clark Tell someone who asks, “what type of law do you practice?” that you practice civil litigation, and you expect a blank stare, or perhaps to be asked “what is that?” “Civil litigation” is lawyer speak, not common language that most of the public understands THE ELEVATOR PITCH VERSION? An […]
Arbitrations and Appeals of Preliminary Opinions
September 5, 2024 By Brian Babcock An arbitrator has jurisdiction under the Arbitrations Act, 1991 of Ontario to determine whether the arbitrator has jurisdiction as a preliminary matter. This principle is well established. Either party may apply to have the arbitrator’s decision reviewed by a Superior Court judge. The Act goes on to provide that […]
Pleadings Are Important Part Two: Fixing Pleadings
September 3, 2024 By Brian Babcock An earlier article explains why pleadings are important. What happens if you need to update or fix something in your pleading? In Ontario, the Rules of Civil Procedure provide rights to amend pleadings. The provision is very forgiving, stating that: On motion at any stage of an action the […]