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15 Jun

Late document disclosure may cause trial delays, adjournments, and dismissals

Tuesday, June 15, 2021James R.G. CookLitigationRules of Civil Procedure, Ontario Evidence Act

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Parties involved in civil litigation are required to produce all relevant documents in their possession, control or power to the opposite side. The Court of Appeal for Ontario has stated that...

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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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28 May

Letters of Request enforced in connection with U.S commercial litigation

Friday, May 28, 2021James R.G. CookLitigationLetters of Request, Rules of Civil Procedure, Ontario Evidence Act

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Recent decisions involving the enforcement of letters of request issued by U.S. courts reflect the continued openness of Ontario courts to...

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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

Proposed Danforth Shooting class action against Smith & Wesson relating to authorized user technology allowed to proceed

Tuesday, February 16, 2021James R.G. CookLitigationRules of Civil Procedure, Class Proceedings Act, 1992, Handgun

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The Ontario Superior Court of Justice has dismissed a motion by Smith & Wesson Corp to throw out a potential class action for negligent manufacturing of the firearm used in a mass shooting in... 

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18 Jan

Notoriously Bad Movie leads to Unprecedented Order for Security for Costs of Trial Judgment

Monday, January 18, 2021James R.G. CookLitigationCopyright, Ontario Court of Appeal , Rules of Civil Procedure, Documentary Film-makers, Copyright Act

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For perhaps the first time, the Ontario Court of Appeal has ordered an unsuccessful litigant to post security for costs of a trial judgment before being allowed to proceed with...

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24 May

The Supreme Court of Canada Strengthens the Judgment Creditor Tool Box

Wednesday, May 24, 2017Scott GfellerLitigation, Privacy LawSupreme Court of Canada, Rules of Civil Procedure

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Collecting can be a pain. Getting a judgment is one thing but getting paid is a different ball game entirely, particularly when...

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9 May

Ineffective Assistance of Counsel in the Civil Context: The case of SMTCL Canada Inc. v. Master Tech Inc., 2017 ONCA 291

Tuesday, May 9, 2017Chris JuniorLitigation, Civil LawSummary Judgment, Rules of Civil Procedure

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Wajeb Assaf, former lawyer for the defendant, represented Master Tech in the unsuccessful defence of a summary judgement motion which...

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22 Feb

Summary judgment motion in actions for wrongful dismissal started under the Simplified Procedure rule: A new way forward

Wednesday, February 22, 2017Dara Hirbod, Kevin W. FisherLitigationSummary Judgment, Rules of Civil Procedure, Wrongful Dismissal

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Following a long line of cases, it has become standard practice in wrongful dismissal actions, even where the potential damages may exceed the prescribed monetary limit, to commence a claim under the...

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