Appellate

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

Counsel to seek SCC appeal in case of discriminatory will

A woman who was omitted from her father’s will for alleged racist reasons will seek leave to appeal her case to the Supreme Court of Canada, after the Court of Appeal declined to uphold an earlier ruling to invalidate the will, Toronto lawyer and arbitrator Earl Cherniak tells AdvocateDaily.com. Read more

Nature of transaction may be viewed differently by court, lawyers

A recent appeal court decision that found a lawyer liable for negligence and breach of fiduciary duty after he represented both parties in a family share purchase transaction shows that lawyers should be cautious about acting for multiple family members in closely held business transactions, Toronto commercial litigator and appellate counsel Brian Radnoff tells Lawyers Weekly . Read more

MPs should exercise caution with sentencing reference letters

Members of Parliament should be cautious in offering a letter of reference in an ongoing legal matter, as their actions may be viewed as influencing court proceedings, Toronto commercial litigator and appellate counsel Brian Radnoff , tells Canadian Lawyer . Read more

Rare for appeal court to take different view of agreement

In ordering a lawyer to pay damages for a breach of fiduciary duty, the Ontario Court of Appeal recently did something it is often hesitant to do — draw different factual conclusions from evidence than the trial judge, Toronto commercial litigator and appellate counsel Brian Radnoff , tells Legal Feeds . Read more

Appeal of Mareva injunctions can be uphill battle

As courts approve Mareva injunctions infrequently, appeals of these tools can be a difficult task, Toronto commercial litigator and appellate counsel Brian Radnoff , tells Law Times . Read more

More flexibility needed to avoid drawn-out discipline matters

Facing a lengthy Law Society of Upper Canada (LSUC) investigation can not only be emotionally draining and stressful on a lawyer, but they are also restricted from conducting certain roles, such as being an articling principal, Toronto commercial litigator and appellate counsel Brian Radnoff , tells Law Times . Read more

Cherniak taking Groia matter to appeal court

Lawyer Joe Groia is taking his case to the Ontario Court of Appeal next week, as he and his counsel, Toronto lawyer and arbitrator Earl Cherniak , seek to have a finding of professional misconduct against Groia overturned during a three-day hearing, starting Dec.14. Read more

Lawyer's battle to continue after LSUC tribunal disclosure issues

Although the Law Society of Upper Canada (LSUC) disciplinary appeal panel’s move to allow an Ottawa-based real estate lawyer's appeal is a victory, he has been battling the allegations for years and will have to go through the process again, his lawyer, Toronto commercial litigator and appellate counsel Brian Radnoff , tells Legal Feeds . Read more

NB Court of Appeal voids $250K gift to Neo-Nazi group

Toronto-area estates litigator Charles Ticker says a recent Court of Appeal decision is indicative of a growing trend where courts are willing to become more interventionist in estate matters, particularly those that run contrary to public policy. Read more

SCC’s ruling in White rounds out expert-evidence trilogy

Toronto commercial litigation lawyer William Pepall says the Supreme Court of Canada’s recent ruling regarding the independence and impartiality of expert witnesses is the latest in a trilogy of important appellate cases dealing with the subject of expert evidence. Read more

Firm's gender parity result of hiring best people

While it is one of the first law firms in Canada to achieve gender parity, Lerners LLP didn’t set out to do so, but rather to hire the best people it could find, Toronto lawyer and arbitrator Earl Cherniak tells the National Post . Read more

Appeal decision in 'house-husband' case significant for dependant spouses

The Divisional Court's recent decision to uphold a significant award to a “house-husband” who was left out of his common-law wife’s will has implications for any spouse who is considered a dependant, says Toronto lawyer and arbitrator Earl Cherniak. Read more

"Unusual" costs ruling raises access to justice issues, says Earl Cherniak

A Divisional Court ruling that delayed the costs award in an appeal until the outcome of a class action certification mo... Read more

Absolute privilege is not absolute

Although a recent Ontario Court of Appeal decision reaffirms the existence of absolute privilege, it also holds that the privilege does not necessarily prevent an aggrieved party from suing their lawyer for conduct while representing another client, says Toronto litigator Brian Radnoff. Read more