2022
APRIL 05
(Somewhat) Gone, But Not Forgotten: Incoming Changes to Courtroom and Attendance Protocols in Civil Litigation
On April 19, 2022, the Ontario Superior Court of Justice will be implementing three new sets of civil litigation guidelines. These guidelines focus on the presumptive mode of attendance for Superior Court proceedings, the presumptive mode of attendance for Small Claims Court proceedings and etiquette for those proceedings moving forward.
Two important highlights stand out in these guidelines: the Court will now be directing that some civil litigation events proceed in person (rather than virtually) and will now be requiring counsel to once again gown for certain attendances.
The attached article is a breakdown of the protocols that counsel will need to abide by starting April 19, 2022.
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APRIL 04
Conflicts of Interest in Joint Retainers
Joint retainers must be started and ended with caution and conducted with due regard for all of the clients that a lawyer jointly serves.
Recent news reports from the Rogers family litigation provide an example of the risks of conflicts of interest in joint retainers.
Not all situations will be as headline-grabbing as the Ontario Superior Court Application by three Rogers family members seeking to prevent a Bay Street law firm from acting, but the story serves as a good reminder of the procedures in creating and carrying out the joint retainer.
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2021
DECEMBER 01
Part Two: Litigating Like it’s 2021: Courts Get Into Swing of Virtual Proceedings
As we discussed in the first article of this two-part series, courts have increasingly emphasized how they will expect litigants and their counsel to adapt to virtual proceedings in order to safely move matters forward.
To read the full article published by The Lawyer's Daily click here.
This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc.
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NOVEMBER 30
Part One: Litigating Like it’s 2021: Courts Get Into Swing of Virtual Proceedings
With the COVID-19 pandemic ongoing and with no clear end in sight, Ontario courts are continuing to provide guidance on their expectations around litigating virtually. Specifically, since the pandemic began, courts have increasingly emphasized how they will expect litigants and their counsel to adapt to virtual proceedings in order to safely move matters forward. By extension, they are less sympathetic to parties who insist on proceeding in person.
To read the full article published by The Lawyer's Daily click here.
This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc.
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NOVEMBER 22
Today I'm Going to Litigate Like it's 2021: The Courts' Expectations on Virtual Litigation
Over a year and a half into the COVID-19 pandemic, Ontario Courts are continuing to comment on their expectations around litigating virtually. Specifically, since the pandemic began, Courts have increasingly emphasized how they will expect litigants and their counsel to adapt to virtual proceedings. In contrast, they are less sympathetic to parties who insist on proceeding in-person. Here are some recent highlights on this topic.
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NOVEMBER 18
Does the Duty of Good Faith Create an Obligation to Agree to Extensions of a Closing Date?
Since 2014, the Supreme Court has released a trilogy of cases finding and expanding on the duty of good faith in contractual performance. Parties to an agreement of purchase and sale are under a duty to act in good faith and have an obligation to take all reasonable steps to complete the contract. The majority of real estate contracts have clauses providing that time is of the essence. This article considers whether the duty of good faith changes parties' obligations on closing of a real estate transaction. When faced with a request to extend the closing date, is the counterparty obliged by the duty of good faith to agree? Is time still of the essence?
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OCTOBER 14
Collision Course? Limitation Periods, the Supreme Court of Canada, and the Court of Appeal for Ontario
What happens when an irresistible force meets an immovable object? That question comes to mind in reading two recent high-level decisions on limitation periods. Certainty that the Court of Appeal for Ontario may have created in its January 2021 decision of Kaynes v. BP p.l.c., may now be clouded by the Supreme Court of Canada's July 2021 decision in Grant Thornton LLP v. New Brunswick.
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MAY 27
Virtual Hearings Best Practices
Wondering what should happen in civil litigation when the "new normal" arrives? Samantha Green interviews Anne Posno, David Steinber and Nadia Campion on virtual hearings best practices. To read their perspective visit the OBA article link here: https://www.oba.org/Sections/Civil-Litigation/Articles/Articles-2021/May-2021/Interview-with-Anne-Posno-David-Steinberg-and-Nad
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MAY 19
To Whom It May Concern: Reminder on the Importance of Retainer Letters
On April 7, 2021, in Goldentuler v. Simmons Dasilva LLP, 2021 ONCA 219 (CanLII) the Court of Appeal dismissed the Plaintiff lawyer’s claim for negligence against the Defendant lawyers on the basis that the Defendants had not been retained by the Plaintiff, and therefore the Plaintiff had no legal capacity to sue the Defendant lawyers.
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MAY 05
Asking a lawyer to give an opinion on their own negligence? When Discovery goes too far.
In Marshall v. Jackson, 2021 ONSC 2361 (CanLII), released April 1, 2021, Justice Morgan overturned, in part, a Master’s decision to require a lawyer sued for negligence to answer two questions refused on discovery.
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2020
DECEMBER 08
New Year, New Normal: Extensive Amendments to the Rules of Civil Procedure
On November 30, 2020, a new regulation to amend the Ontario Rules of Civil Procedure — O. Reg. 689/20 — was filed. It will come into effect on January 1, 2021.
The regulation introduces various amendments to the Rules which take into consideration our increasingly virtual litigation practices. These amendments will include new rules around virtual hearings, electronic signatures, commissioning, preparing documents and electronically exchanging documents.
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NOVEMBER 13
Shining a Light on Privacy: Untangling the Web of Canadian Privacy Laws
Bonnie Fish and Alexander Evangelista co-authored "Shining a Light on Privacy: Untangling the Web of Canadian Privacy Laws" published in Thomson Reuters' Annual Review of Civil Litigation 2020. This paper is intended to offer guidance in navigating the expanding landscape of Canadian privacy laws.
Regularly cited by appellate courts across Canada, including the Supreme Court of Canada, the Annual Review of Civil Litigation has been providing leading-edge coverage of the civil litigation issues of the day.
Each article in this edition is designed to help you understand how new developments in Canadian law will affect your practice.
Reproduced by permission of Thomson Reuters Canada Limited from Annual Review of Civil Litigation 2020, ed. The Honourable Mr. Justice Todd L. Archibald.
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NOVEMBER 06
Evidentiary Issues on Motions and Applications: Overcoming Problems and Presenting Properly
This Paper was presented at the The Civil Litigator’s Survival Guide to Evidence conference organized by Osgoode Professional Development.
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MAY 01
Top Takeaways in Commercial Litigation, 2019
Takeaways from The Advocates' Society annual Top Cases in Commercial Litigation program. Republished with permission from The Advocates' Society.
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APRIL 23
Can Insurers Deny Coverage For Loss of Business Income or Business Interruption Arising From The COVID-19 Pandemic?
Implications of the Decision in MDS Inc. v. Factory Mutual Insurance Company (FM Global), 2020 ONSC 1924 on Business Interruption Claims Arising from the COVID-19 Pandemic
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MARCH 30
The Court of Appeal for Ontario Sets The Record Straight Concerning The Applicability of The Tarion Addendum in Residential Agreements of Purchase and Sale
In its release of the highly-anticipated decision in Ingarra v. 301099 Ontario Limited (Previn Court Homes), 2020 ONCA 103 on February 11, 2020, the Ontario Court of Appeal addressed the issue of whether an agreement between lawyers (made orally and through the exchange of faxes and emails) to extend the agreed upon "Firm Closing Date" to the "Interim Closing Dates" (with adjustments remaining as at January 11, 2018) superseded the operation and effect of the provisions of the Tarion Addendum.
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MARCH 25
Litigation During the COVID-19 Pandemic: Is Your Matter Urgent?
On March 17, 2020, the Ontario Superior Court began restricting the matters that would be heard amidst COVID-19 concerns. For civil and commercial matters in Toronto, the Court will only be hearing matters related to outstanding warrants or urgent and time sensitive motions that pose a risk of immediate and significant financial repercussions if they are not dealt with. This leaves an important question unanswered: what is considered urgent?
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MARCH 20
COVID-19: Is Your Agreement of Purchase and Sale Enforceable?
In this new and sudden reality, some people are facing this significant question: do agreements of purchase and sale signed before the outbreak remain enforceable?
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2019
NOVEMBER 26
Avoiding the Garden Path of Mathematics with the Barometer of Fairness: An Analysis of Discount Rates in Canadian Case Law, and Lessons for Business Valuator Experts
Authored by Milton Davis, Ronald Davis and Elizabeth Armstrong and published in the 2019 Journal of Business Valuation.
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2018
NOVEMBER 01
Where There's Smoke There's Fire? Using the Investigation Power Under Corporate Statutes to Combat Corporate Fraud, published in the Annual Review of Civil Litigation
Where There's Smoke There's Fire? Using the Investigation Power Under Corporate Statutes to Combat Corporate Fraud, authored by Bonnie Fish and published in the 2018 edition of the Annual Review of Civil Litigation. Regularly cited by appellate courts across Canada, including the Supreme Court of Canada, the Annual Review of Civil Litigation has been providing leading-edge coverage of the issues that matter to you.
Each article in the 2018 edition is designed to help you understand how new developments in Canadian law will affect your practice. Topics were carefully chosen and written by authors from across Canada. The Annual Review of Civil Litigation 2018 has a truly national flavour, relevant and appealing to litigators in every province and territory.
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MAY 25
Limitations Update: Court of Appeal for Ontario Confirms that Discoverability Principles Apply to Claims for Contribution and Indemnity
On May 7, 2018, the Court of Appeal for Ontario released its decision in Mega International Commercial Bank (Canada) v. Yung...
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MARCH 01
Living In Splendid Isolation: Ten Lessons Learned Enforcing An Ontario Judgment In Mexico
This article presents a cautionary tale for any person who wishes to take legal proceedings against an individual or company resident in Mexico...
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JANUARY 23
Deloitte v. Livent: The Scope Of Auditor Negligence
In Deloitte & Touche v Livent Inc. (Receiver of) 2017 SCC 63 the Supreme Court of Canada revisited the scope of auditor liability for negligence...
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2017
DECEMBER 08
What a Family Lawyer Must Know About PIPEDA
Paper presented by Milton Davis and Kyle Kuepfer, at the LSUC Six Minute Family Law Lawyer.
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OCTOBER 03
Medical Device Manufacturer's Duty To Warn
APRIL 24
Privacy And Property: The Supreme Court Clarifies The Limits Of PIPEDA
The Supreme Court of Canada has recently released a decision that will help clarify the relationship between legitimate business concerns and the privacy interests of individuals. In Royal Bank of Canada v Trang1("Trang"), the Supreme Court removed a number of hurdles that judgment creditors often face when attempting to execute against a judgment debtor's real property. To read the full article, Click Here.
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MARCH 08
Court of Appeal for Ontario Clarifies the Authority to Order Non-Party Costs
On March 3, 2017, the Court of Appeal for Ontario released its decision in 1318847 Ontario Limited v. Laval Tools & Mould Ltd., 2017 ONCA 184.
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JANUARY 11
All in the Family - Using the Oppression Remedy to Resolve Family Business Disputes published in the Annual Review of Civil Litigation 2016
Nina Perfetto and Bonnie Fish co-authored "All in the Family - Using the Oppression Remedy to Resolve Family Business Disputes" published in the Annual Review of Civil Litigation 2016.
Regularly cited by appellate courts across Canada including the Supreme Court of Canada, the Annual Review of Civil Litigation has been providing leading edge coverage of the issues that matter to you for more than 10 years.
Each article in the 2016 Edition is designed to help you understand how new developments in Canadian law will affect your practice. Topics were carefully chosen and written by authors from across Canada. The Annual Review of Civil Litigation 2016 has a truly national flavour, relevant and appealing to litigators in every province and territory.
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2016
NOVEMBER 10
Trial or Summary Judgment
Ronald Davis, Milton Davis and Johanne Pilon have co-authored “Trial or Summary Judgment” for the OBA program The Nuts and Bolts of the Summary Judgment Motion.
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AUGUST 17
The New Frontier: Commercial Third-Party Litigation Funding
Investment in litigation by third parties was a taboo subject in Ontario, until relatively recently. Commercial third-party litigation funding is on the cusp of taking hold in Ontario, as it has in the United States, Australia and the UK. In this article, we will briefly examine the growth of this new solution to the funding dilemma surrounding large lawsuits in Ontario. Article Link: The New Frontier: Commercial Third-Party Litigation Funding
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FEBRUARY 09
A Win for Landlords at the Court of Appeal: Mapleview - Veterans Drive Investments Inc. v. Papa Kerollus VI Inc. et al.
2015
DECEMBER 09
Bhasin v. Hrynew and the Duty of Good Faith
Lawyers:
Areas & Expertise:
- Litigation and Dispute Resolution
- Real Estate Litigation
- Administrative and Regulatory
- Arbitration and Alternative Dispute Resolution (ADR)
- Bankruptcy Litigation
- Broker/Dealer Litigation
- Commercial Litigation
- Employment Litigation
- Environmental Litigation
- Estate Litigation
- Insurance Litigation
- Intellectual Property Litigation and Dispute Resolution
- Judicial Review and Appeals
- Landlord and Tenant Matters
- Pensions and Benefits Litigation
- Professional Regulation and Discipline
- Securities Litigation
- Tax Dispute Resolution
DECEMBER 09
DEALING WITH DIFFICULT SENIOR COUNSEL
2014
OCTOBER 16
Best Procedures for Borrowers Objecting to Mortgage Amounts
Practice Gems: Mortgage Enforcement Essentials: Best Procedures for Borrowers Objecting to Mortgage Amounts
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2009
NOVEMBER 18
What's So Good About Good Faith?
Safe Guarding Real Estate Transactions - Protecting Your Clients from the Dangers of LItigation
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SEPTEMBER 16
Practice Gems: Best Practices for Tendering in Real Estate Transactions
Protecting Your Client When the Other Side Refuses to Close.
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2007
NOVEMBER 14
Preparing for Tender
Safeguarding Real Estate Transactions - Mitigating the Risk of Litigation
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2006
FEBRUARY 16
Arbitration of Commercial Leasing Disputes
2005
NOVEMBER 16
Arbitrations in Ontario - A Primer
1998
JANUARY 01
Suing and Defending Professionals
Law Society of Upper Canada, Continuing Legal Education Program
