Is there Doctor-Patient Privilege?
February 27, 2022 By Brian Babcock A court is will make an order for production for inspection of a document that is in the possession of a non-party and is not privileged, if a) the document is relevant to a material issue in the action; and b) it would be unfair to require the moving […]
Sanctions for Contempt of Court
February 13, 2022 By Brian Babcock Judgment is not a remedy directly available for contempt of court arising in a civil lawsuit in Ontario. In the process of confirming this principle, the Ontario Court of Appeal provides a clear and useful roadmap for parties, lawyers, and judges in determining the appropriate sanctions for contempt. In […]
Taking Case Conferences Seriously
February 7, 2022 By Mark Mikulasik Case conferences are available under the Rules of Civil Procedure to move cases forward more efficiently, more affordably, and more justly by allowing judges to make binding procedural decisions at the conference without formal motions. The use of case conferences on a formal basis in civil litigation is a […]
What’s in a Name? A Business Name that is…
January 24, 2022 By Mark Mikulasik In Ontario, any person or corporation carrying on business under any name other than their own name is required to resister that name under the Business Names Act. This makes sense. It should be easy to know who you are doing business with. In addition to registration, you are […]
Dealing With Default
January 24, 2022 By Jonathon Clark Ontario’s legal system strongly favours having disputes resolved on their merits, not as a result of technical rules. For that reason, our courts are given wide powers to excuse non-compliance with the rules. This includes the power to set aside a default judgment and allowing the defendant to file […]
Protecting Your Settlement Privilege
January 23, 2022 By Brian Babcock “Privilege” is a word that the law uses differently than ordinary English, but to a lawyer, it is one of the most important ways that you can protect your privacy and confidentiality. “Solicitor-client privilege” protects communications with your lawyer. Although not absolute, it is highly protected by the courts, […]
Yet Another Reason Not to Sit on Your Rights
January 23, 2022 By Brian Babcock We have written before, more than once, about why waiting until the last moment to start your lawsuit is a bad idea. And yet, there are still new examples of how the time limit may be missed. These cases do not necessarily just involve small losses, or unsophisticated clients. […]
Is that Order Final or Interlocutory?
January 15, 2022 By Brian Babcock You might look at this title and start by wondering “what does ‘interlocutory’ mean?” Good question, one that a lot of lawyers and judges still struggle with. Also an important question if you want to appeal a Superior Court order or judgment. Because the correct appeal route – that […]
Should You Represent Yourself in Small Claims Court?
December 29, 2021 By Brian Babcock Small Claims Court is intended to be a simple source of access to justice. For decades, that has meant that many, if not most, parties (other than debt collectors) represented themselves. But this idea started when Small Claims were truly small. For much of the province, that meant $400.00. […]
Another Reason Not to Sit on Your Rights
December 12, 2021 By Brian Babcock For some reason, a lot of lawyers, and a lot of clients, seem to think that waiting until the last possible moment to start a law suit is a good idea. We have written before about some reasons why this is a bad idea. No one needs an argument […]