Civil Litigation

Parties usually consent to minor claim amendments: O'Connor

Parties in civil cases can usually amend statements of claim at any stage of litigation, says Toronto civil litigator Sarah O’Connor. Read more

Contractor gets undeserved second chance to prove damages

A commercial contractor will get a second kick at the can to prove his damages after a puzzling Ontario Court of Appeal (OCA) decision, says Toronto senior litigation lawyer Jeffrey Silver. Read more

Indigenous communities ill-served by ‘colonial policing’

It will take more than money to solve the problem of “colonial policing” in Indigenous communities, says Alberta Indigenous rights litigator Leighton Grey. Read more

Unpaid contractors should seek prompt legal advice

Contractors owed money for work or materials have two options — a lien or a lawsuit — and in either case, it is helpful to seek legal counsel as early as possible, says Barrie civil litigator Scott Hawryliw. Read more

Howard Winkler’s media roundup

Toronto lawyer and mediator Howard Winkler is frequently called upon by the media as a trusted source for their news stories, particularly for his focus on defamation and privacy issues. Read more

Resist temptation to use boilerplate contracts

Toronto commercial litigator Kevin Fisher says using boilerplate contracts or repurposing old ones for new projects can end up being a costly mistake. Read more

Self-represented parties should do their homework: Miller

People planning to represent themselves in court should take the time to learn about the process and their obligations — and opposing legal counsel should also assist as much as possible in those circumstances, says Toronto litigator Jonathan Miller. Read more

Options available if you discover Kitec plumbing: Cormier

If you have bright blue or orange lines running from your water heater or baseboards, there is a good chance your home’s plumbing needs to be replaced — and you will have to pick up at least some of the tab, says Toronto trial and appellate lawyer Joel Cormier. Read more

Winkler successful in accessing disciplinary hearing record

Decisions like a recent case that applied the open-court principle to a doctor’s disciplinary proceedings contribute to a better informed Canadian public, says Toronto lawyer and mediator Howard Winkler. Read more

Quality nursing home care a public policy concern, says Rashid

A recent decision awarding $640,000 in a nursing home death that included $25,000 in punitive damages, sends a message that the issue of care is a “public policy concern” that the “courts will not take lightly,” says Ottawa personal injury lawyer Najma Rashid. Read more

Weight given to criminal judgments during civil proceedings

While judgments from criminal cases can be considered in related civil matters, they cannot be relied on by themselves to reach a decision, as a full civil trial may be necessary to assess the evidence, says Toronto commercial litigator Christopher Gaytan. Read more

Detailed home reno contract ensures contractor’s cash flow

Since a contractor’s primary focus during any home renovation is to be paid for the work, it’s vital to have a clearly written contract precisely detailing what the project encompasses and the costs involved, says Barrie civil litigator Scott Hawryliw. Read more

Going to the dogs — a tricky workplace decision

Employers that allow dogs and other animals in the workplace are inviting problems, but they can cut the risk with careful planning and effective pet policies, says Toronto civil litigator Sarah O’Connor. Read more

Spell everything out when contracting a home reno project

All home renovation projects should start with a clearly written contract detailing exactly what the project encompasses and the costs involved, says Barrie civil litigator Scott Hawryliw. Read more

SCC convicts man despite errors in application of rape shield law

TORONTO — A man who argued misapplication of Canada's rape shield law had unfairly hamstrung his defence had his conviction restored last week even though the country's top court found errors in how judges had applied the provisions. Read more