17 Things You Need to Know About Solicitor-Client Privilege
September 14, 2022 By Jonathon Clark No, this is not a Buzzfeed listicle. Less fun, more important. We have written before about solicitor-client privilege being central to our system of justice. There is more to write, because beyond the basics it gets technical and even though the basic importance may be obvious, the devil is […]
When is it Cost-Effective to Bring a Motion?
September 1, 2022 By Brian Babcock Not all possible steps in your lawsuit are worth the cost. Often, motions are brought for tactical reasons that turn out to be a bad investment. Motions to strike pleadings are a classic example. Poor drafting can be expensive to fix, so is something you want to avoid. But […]
Taking Case Management Seriously
September 1, 2022 By Brian Babcock Case management has been around for a long time in Ontario, but it has recently gained increased prominence. The Rules of Civil Procedure have even been amended to include a rule which governs case management in Toronto, Ottawa, and Essex County. Although the rule is not technically in force […]
Judicial Review? Action? Appeal?
August 24, 2022 By Brian Babcock In our article What is judicial review? we explained the difference between judicial review and an appeal. A judicial review is also not an action for damages. THE ISSUE Choosing the correct procedural path can avoid getting stuck in thorny issues of civil procedure and administrative law. THE CASE […]
Do you need a digital forensic specialist?
August 18, 2022 By Brian Babcock The increasing prevalence of electronic communications brings with it a renewed focus on electronic discovery. Most parties and lawyers lack the expertise necessary to be confident that they will retrieve electronic documents completely in a form in which they are both unchanged and searchable. Even where the party may […]
Sometimes You Need a Full Factual Record
August 5, 2022 By Brian Babcock Everybody involved in a lawsuit should want to resolve it as quickly and simply and cheaply as possible. In the area of wrongful dismissal litigation, there has been a strong movement in that direction, using summary judgment motions under Rule 20 of the Rules of Civil Procedure to resolve […]
Is That a Fact or a Prediction?
August 1, 2022 By Brian Babcock A common way to recover damages for economic loss in the absence of a contract or physical damage to property is to make a claim for negligent misrepresentation. The test for negligent misrepresentation was conveniently recently repeated in a 2019 Superior Court decision called Doumouras v. Chander: there must […]
Taking Prompt Payment Seriously
July 15, 2022 By Jonathon Clark The introduction of prompt payment requirements was one of the most important changes in the move from the Construction Lien Act to the Construction Act. WHAT IS NEW ABOUT THIS LAW The whole point of these provisions is to require prompt payment to avoid disruptions to construction projects when […]
What is a “Bare Trustee”?
July 10, 2022 By Brian Babcock A bare trustee is not a legal representative given property for the benefit of Yogi or even Boo Boo. A bare trustee is an important but often overlooked role in trusts law. THE TERM DEFINED A “bare trust” is described in the leading Ontario Court of Appeal case, Trident […]
What is Vicarious Liability?
June 27, 2022 By Jonathon Clark “Vicarious liability” is a form of liability which arises from responsibility for the acts of others. The most common form of vicarious liability is the liability of an employer for the acts of their employees. Other common examples include liability of a principal for the action of their agents, […]