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5 Jul

Claim for online research costs rejected in Ontario commercial proceeding

Monday, July 5, 2021Stephen A. ThieleLitigationLegal Research, Costs

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As we have previously written, many courts are extremely reluctant to grant a winning party recovery for online legal research disbursements when making a costs award. A party who seeks the... 

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24 Jun

Tribunal’s independent legal research not procedurally unfair

Thursday, June 24, 2021Stephen A. ThieleLitigationLegal Research, Orders and Judgments, Procedural Fairness

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When a judge or an adjudicator renders a decision that is not anchored in the pleadings, evidence, positions or submissions of the parties, appellate courts have overturned the...

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7 Jun

A Judge’s Duty is to Judge

Monday, June 7, 2021Stephen A. ThieleLitigationLegal Research, Rules of Civil Procedure

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A judge plays many roles, but one of the most important is to render a decision between conflicting parties. In rendering a decision, a judge must...

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21 Apr

Recovering Online Legal Research Disbursements

Wednesday, April 21, 2021Stephen A. ThieleLitigationLegal Research, Disbursements

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In previous blogs, I have written about the careful scrutiny given by courts to claims for costs for online legal research incurred during a proceeding. In most instances, the claims have either been disallowed or...

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8 Mar

Correcting some misconceptions about online legal research costs

Monday, March 8, 2021Stephen A. ThieleLitigationLegal Research, Costs, Online Searches

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The greatest revolution in law over the last 30 years has been the ability to access case law and secondary sources online. When I started law school at... 

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27 Feb

The judicial rant heard around the legal profession: a legal research lesson

Saturday, February 27, 2021Stephen A. ThieleLitigationCivil Procedure, Legal Research, Transfer Motion, Rules of Civil Procedure

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As we approach the one year anniversary of Ontario’s declaration of a state of emergency because of Covid-19 pandemic, the stresses and strains caused by the lockdown can be seen and...

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16 Feb

Legal research in costs awards

Tuesday, February 16, 2021Stephen A. ThieleLitigationCivil Litigation, Legal Research, Costs

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Despite its importance, legal research is often a line item that comes under close scrutiny when a court awards costs to a...

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21 Dec

Legal research and the duty to disclose relevant law

Monday, December 21, 2020Stephen A. ThieleLitigationRules of Professional Conduct, Research, Disciplinary Hearing, Ethics, Legal Research, Law Society of Ontario

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Legal research is important. In general, every legal issue requires some form of legal research because each legal issue is informed either by...

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