Appellate

Rosen: SCC affirms counsel's right to 'fearless advocacy' in Groia case

The Supreme Court of Canada (SCC) has reaffirmed the right of counsel to engage in fearless advocacy by quashing a finding of professional misconduct against a lawyer, Toronto criminal lawyer John Rosen tells AdvocateDaily.com . Read more

‘Playing fast and loose’ with evidence rules a recipe for trouble

A key takeaway from the dispute between a former war correspondent and one of Canada’s biggest media companies is when parties in an action are required to produce documents, they should produce them, Toronto defamation lawyer and appellate counsel Brian Radnoff tells The Lawyer’s Daily . Read more

Cherniak: Groia case 'among most rewarding' of career

A nine-year legal battle that concluded with the Supreme Court of Canada (SCC) overturning a finding of professional misconduct against Ontario lawyer Joe Groia is not just a significant victory for advocates and the public alike, but according to his counsel, Earl Cherniak , the case ranks among the most memorable and worthwhile of his career. Read more

Interlocutory suspensions require law society disclosure

Without confirmation from an appellate court, it remains to be seen whether the Law Society of Ontario (LSO) will follow a recent hearing panel decision that would require it to provide additional disclosure to lawyers facing interlocutory suspension motions, Toronto commercial litigator and appellate counsel Brian Radnoff tells AdvocateDaily.com. Read more

FCA reaffirms importance of common interest privilege

A recent Federal Court of Appeal decision that recognizes the doctrine of common interest privilege in the context of a commercial transaction is consistent with existing jurisprudence, Toronto commercial litigator and appellate counsel Brian Radnoff tells AdvocateDaily.com. Read more

Cherniak taking Groia case to SCC Nov. 6

The Supreme Court of Canada (SCC) will consider the issue of who should regulate the conduct of lawyers defending their clients' rights in court when it hears the case of Ontario lawyer Joe Groia on Nov. 6, with his counsel, Earl Cherniak of Lerners LLP , arguing the appeal. Read The Lawyer's Daily Read more

Radnoff to discuss key considerations of settlement at LSUC program

Toronto commercial litigator and appellate counsel Brian Radnoff will share his insights on settlement agreements at the upcoming “A litigator's guide to enduring terms of settlement and releases,” program, presented by the Law Society of Upper Canada (LSUC). Read more

Appeal panel costs award against law society 'an outlier'

While a recent Law Society of Upper Canada appeal panel decision that awarded costs to two lawyers after an 11-year battle with the regulator is encouraging, it will not likely make it easier for other parties to recover costs from the law society, Toronto commercial litigator and appellate counsel Brian Radnoff , tells Law Times . Read more

Supreme Court to hear appeal in Groia case

The Supreme Court of Canada (SCC) has agreed to hear an appeal from lawyer Joe Groia, who will ask the top court to explore the issue of who should regulate the conduct of lawyers defending their clients' rights in court, his counsel, Toronto lawyer and arbitrator Earl Cherniak , tells AdvocateDaily.com. Read more

Trudeau nominates N.L. judge Malcolm Rowe to Supreme Court of Canada

OTTAWA – Prime Minister Justin Trudeau has nominated Justice Malcolm Rowe for the Supreme Court of Canada, the first Newfoundlander in the court's history. Read more

Non-political SCC appointment process a welcome improvement

The government’s new non-partisan process for appointing justices to the Supreme Court of Canada (SCC) is a positive change, but recommendations should remain confidential and the final word should always belong to the prime minister, Toronto lawyer and arbitrator Earl Cherniak tells AdvocateDaily. com . Read more

LSUC does not get to decide what is relevant: disclosure ruling

A recent Divisional Court decision confirms that the Law Society of Upper Canada (LSUC) cannot determine what information to disclose during disciplinary proceedings based solely on what it considers relevant, Toronto commercial litigator and appellate counsel Brian Radnoff tells Law Times . Read more

'Irreconcilable' issues remain unclear after Spence leave decision

The Supreme Court of Canada’s recent decision not to grant leave to appeal in the case of a woman left out of her father’s will for alleged racist reasons has resulted in a number of unanswered questions around the issue of how public policy and evidence affect testamentary dispositions, Toronto lawyer and arbitrator Earl Cherniak tells AdvocateDaily.com. Read more

Groia will seek leave to appeal: Cherniak

Lawyer Joe Groia will be asking the Supreme Court of Canada to explore the issue of who should regulate the conduct of lawyers defending their clients' rights in court, after Ontario's top court dismissed the litigator's bid to overturn a finding of professional misconduct against him, his counsel, Toronto lawyer and arbitrator Earl Cherniak tells AdvocateDaily.com. Read more

Parties hope SCC takes on issue of public policy in wills

As the Supreme Court of Canada has not weighed in on public policy concerns in testamentary dispositions for some time, a client seeking to challenge the decision to reinstate her father’s alleged discriminatory will hopes the top court will hear her case alongside another matter and explore these issues, Toronto lawyer and arbitrator Earl Cherniak tells Lawyers Weekly . Read more