Appellate

Similar fact evidence, experts key in Law Society Tribunal appeal

Toronto appellate counsel Brian Radnoff tells Law Times that a recent Law Society Tribunal decision illustrates the importance of expert witnesses and the problem of using similar fact evidence. Read more

Cost to be paid for courtroom antics: Cormier

If a court case is unnecessarily extended due to the behaviour of one party, that side could very well end up paying a disproportionate share of the costs after the verdict is rendered, says Toronto trial and appellate lawyer Joel Cormier . Read more

The cost of incivility in litigation: Cormier

Incivility during litigation can needlessly delay proceedings and result in significant cost increases for everyone involved, says Toronto trial and appellate lawyer Joel Cormier. Read more

Principle of good faith key in commercial contracts: Cormier

Companies that make an honest effort to fulfil the terms of a contract cannot be held liable if outside factors prevent the work from being done, Toronto trial and appellate lawyer Joel Cormier tells AdvocateDaily.com . Read more

OCA decision shows continuing problems with anti-SLAPP law

Courts are still dealing with the fallout from the overbreadth of Ontario’s controversial legislation aimed at combating the apparent problem of “Strategic Lawsuits Against Public Participation” (SLAPP), Toronto defamation and appellate counsel Brian Radnoff tells AdvocateDaily.com . Read more

OCA decision finds judge altered class-settlement provision

An Ontario Court of Appeal decision that found a motion judge erred by ordering plaintiffs’ counsel to donate $1.5 million of their fees to charity highlights the perils of being a plaintiff-side class-action lawyer, Toronto commercial litigator and appellate counsel Brian Radnoff tells AdvocateDaily.com. Read more

Suing municipalities – exceptions to the 10-day notice period

People who suffer injuries on municipal property in Ontario have only 10 days to file a claim, but it’s important to know there are exceptions to that rule, Toronto trial and appellate lawyer Joel Cormier tells AdvocateDaily.com. Read more

Divisional Court confirms common estate planning tool: Radnoff

A recent Ontario Divisional Court ruling on multiple wills is “significant” because it validates a standard estate planning procedure, Toronto commercial litigator and appellate counsel Brian Radnoff tells AdvocateDaily.com. Read more

Decision offers guidance on arbitration clause enforceability

A recent Court of Appeal decision provides valuable guidance on when arbitration clauses will be enforced, Toronto commercial litigator and appellate counsel Brian Radnoff tells AdvocateDaily.com. Read more

Ruling finds by-laws relating to golf course ultra vires, vague

A recent Ontario Superior Court ruling has found that five by-laws and a town council resolution approving a Cultural Heritage Landscape (CHL) Conservation Plan for a renowned Oakville golf course will not be allowed to stand, says Toronto lawyer and arbitrator Earl Cherniak. Read more

Radnoff: SCC decision not 'all doom and gloom' for journalists

Media outlets should be pleased in principle with a Supreme Court of Canada decision even though it forced the journalist at the centre of the case to hand over his materials to police, Toronto commercial litigator and appellate counsel Brian Radnoff tells AdvocateDaily.com. Read more

Difficult for lawyers to come back from criminal convictions

A disbarred British Columbia lawyer who was denied a licence to practise in Ontario faced an uphill battle due to the close connection between his criminal convictions and his work as a lawyer, Toronto commercial litigator and appellate counsel Brian Radnoff tells Law Times . Read more

Golf course ruling highlights Heritage Act protections for owners

A recent ruling that will allow the owner of a renowned Oakville golf course to move forward with an application to redevelop the site confirms that the Ontario Heritage Act (OCA) has built-in protections for property owners that must be respected, Toronto lawyer and arbitrator Earl Cherniak tells AdvocateDaily.com. Read more

Cherniak to share insights on Groia case at Lerners CPD seminar

Toronto lawyer and arbitrator Earl Cherniak will discuss key points and lessons from the landmark case Groia v. Law Society of Upper Canada as part of an upcoming Continuing Professional Development seminar, presented by Lerners LLP. Read more

Requiring firm to run golf course 'worse than an expropriation'

Denying property rights to the owner of a renowned Oakville golf course would be “worse than an expropriation," as forcing it to maintain the site as-is would cost the company millions of dollars per year, Toronto lawyer and arbitrator Earl Cherniak recently told an Ontario Superior Court of Justice hearing, reports the Oakville Beaver . Read more