Civil Litigation

Case shows courthouse doors closed to majority of Ontarians

Despite concerns from the Supreme Court of Canada that justice is increasingly available only to the rich, a recent decision illustrates that this message hasn’t gotten through to the lower courts, Toronto litigator Michael Lesage tells The Lawyer’s Daily. Read more

Silver’s case shows witness arrogance can backfire

A dispute over life insurance on a mortgage shows how arrogance on the witness stand can backfire against parties in court, says Toronto senior litigation lawyer Jeffrey Silver. Read more

Lawsuit seeks justice for residential day school victims

A class action could bring some measure of justice to victims of a residential day school, says Alberta Indigenous rights litigator Leighton Grey. Read more

Is it worth hiring a lawyer to help with a small claims matter?

By Michael Lesage Frequently, I am contacted by potential clients who are seeking to hire me to represent them in small claims matters. While I am of course happy to represent them throughout, in most cases, I tell them it makes financial sense to consult with me for only a few hours, and to handle most of the claim themselves. Read more

New calls must continue to welcome change in profession

The legal profession has changed considerably in the last six decades — and lawyers called to the bar in 2019 have the duty to continue embracing change in order to maintain Canadian values and the rule of law, Toronto lawyer and arbitrator Earl Cherniak said as he received an honorary Doctor of Laws (LLD) degree from the Law Society of Ontario. Read more

Get contract revisions in writing to save on litigation costs

A simple email or text message could net huge savings for companies or individuals following revisions to construction contracts, says Toronto senior litigation lawyer Jeffrey C. Silver. Read more

Hire a lawyer when facing a LSO investigation: Singer

Even the best litigators need someone to advocate for them at Law Society of Ontario (LSO) disciplinary hearings, says Toronto civil litigator Darryl Singer. Read more

Legal legend Campion has done it all during five decades in law

Toronto civil litigator John Campion calls himself the Forrest Gump of 1968. Read more

Beer Store faces tough task to win damages from province

The Beer Store faces an uphill battle to win damages from the province following the cancellation of its beer distribution contract, says Toronto civil litigator Sarah O’Connor. 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

‘Another step:’ Federal Court judge releases ruling in Cree and Dene

EDMONTON — The Federal Court of Canada says it has issued a ruling in Cree and Dene — the first time it’s done so in an Indigenous language. Read more

Get a lawyer involved early when buying a home: Lesage

A couple who discovered the deal to buy their dream house was cancelled because they failed to sign a contract amendment is a lesson to get a lawyer involved early in the transaction, says Toronto litigator Michael Lesage. Read more

Beneficiary designations key when taking out life insurance

Lawyers and their clients must learn to distinguish between revocable and irrevocable beneficiaries of life insurance policies following a recent judgment by the Supreme Court of Canada, says Brampton civil litigator Edwin Upenieks. 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

Online will service useful in simple scenarios: Miller

A new online service should appeal to people who want simple wills at a low cost, but there is still a potential for misuse, says Toronto civil litigator Jonathan Miller. Read more