Civil Litigation
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Overturned dismissal for delay a warning shot to lawyers

A recent decision involving a case that was dismissed for delay should serve as a reminder to lawyers to impose a robust “tickler system” at their firm, says Brampton ... Read more

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Bar set high for awarding costs against counsel

Seeking costs directly from opposing counsel is an uphill battle, says Toronto civil litigator  Sarah O’Connor . O’Connor, principal of  ... Read more

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In a partnership, you must take risk to reap reward: Virc

A recent Ontario Court of Appeal judgment is an instructive tutorial on the difference between limited and general partnerships, says Toronto civil litigator Patricia ... Read more

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Benign housekeeping or self-protection? wonders Moreau

While the government says it’s just trying to improve the legal process for those who have a beef with the Crown, proposed legislative changes may actually deny justice ... Read more

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Vulnerable will suffer most from CICB's demise

The provincial government’s move to scrap the Criminal Injuries Compensation Board (CICB) will hit some of society’s most vulnerable crime victims, Toronto civil ... Read more

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Trends in civil sexual abuse awards: part 2

In the second instalment of a miniseries on advancing damages in sexual assault cases, Toronto civil sexual abuse lawyer  Elizabeth Grace discusses ... Read more

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Double-ended real estate deals come with risks: Haté

It’s essential to ensure that the person representing you in a home purchase has your “best interest at heart,” says Toronto civil litigator  Rohan ... Read more

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Settlements and releases 101

Parties who take their eye off the ball after agreeing to settle often risk another wave of expensive litigation, Toronto senior litigation lawyer  Jeffrey Silver ... Read more

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Homebuilders should publish sales contracts: Virc

Requiring homebuilders to publish their purchase agreement contracts “in some public way” could level the playing field for consumers, Toronto civil ... Read more

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React carefully if child accused of wrongdoing at school

If your child is accused of wrongdoing at school and facing an investigation that could result in suspension or expulsion, it’s important to react quickly but carefully, ... Read more

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Loose group lottery play leads to lawsuits

Players may find themselves in court fighting over winnings if they fail to follow suggested guidelines for groups purchasing lottery tickets, Toronto civil ... Read more

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Current legal practices, procedures must be streamlined: Lesage

It is time to acknowledge that many current legal practices and procedures are out of line with the value of the interests at stake and the profession must take steps to ... Read more

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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 ... Read more

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Everyone loses in cautionary New Brunswick defamation case

A recent New Brunswick decision is a cautionary tale for all involved in defamation claims, Toronto lawyer and mediator  Howard Winkler  tells  ... Read more

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Bring on the legal robots: Miller

Having a robot successfully mediate a fee dispute is a great first step in showing how artificial intelligence (AI) can be used in our legal system, says Toronto civil and ... Read more

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How to collect on a small claims court judgment

In this final instalment of a three-part series on how to navigate small claims court, Toronto litigator Stefan Rosenbaum explains how to collect on a judgment. Winning ... Read more

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Sweeping 'gag orders' rarely appropriate in sex abuse cases: Grace

While there can be some benefits to non-disclosure agreements (NDAs) in sexual abuse cases, they can also be “troubling and problematic,” Toronto civil sexual ... Read more

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Young lawyers must learn to manage client expectations: Miller

Counsel must develop strong communication skills if they hope to keep client expectations in check when it comes to a potential settlement, Toronto civil and commercial ... Read more

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Six tips for avoiding legal fee assessments

Prevention is the best way for lawyers to avoid legal fee disputes, Brampton civil litigator Edwin Upenieks tells AdvocateDaily.com . “Be careful who you ... Read more

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Inaction could cost school boards in bullying cases

School boards that fail to act on warning signs could find themselves liable for bullying and hazing incidents on site, Toronto civil and commercial litigator  Darryl Singer ... Read more

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