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Archive for 2015

What are people going to trial for in Ontario?

Canada is a litigious country, 1 out of every 100 Canadians starts a civil legal proceeding each year (excluding family law).  3.6 out of every 10,000 Canadians will have a […]

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Trial Occurs in 9.7% of Small Claims Court Cases

Here are some interesting Small Claims Court statistics from the Ministry of the Attorney General over the past 5 years: 66,000 claims are started each year in Small Claims Court […]

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How to Prepare a Witness to Testify

How to Prepare a Witness to Testify

Lawyers are often too busy getting themselves ready for trials and hearings to spend an adequate amount of time preparing their witnesses.  While not ideal, this is understandable given the […]

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53% of Civil Litigation Cases Settle around the Pre-Trial Conference

The odds of your next pre-trial conference settling the case is roughly a coin toss. This is according to statistics from the Ministry of the Attorney General over the past 5 years. 53% […]

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Employment Law Trials

Just over 5% of employment law cases get to trial (click here for some stats). But if you’re heading into an employment law pre-trial conference, the odds of you getting […]

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Big Wave of Trials Could Swamp Ontario’s Civil Trial Courts

Big Wave of Trials Could Swamp Ontario’s Civil Trial Courts

A big wave of civil trials has begun rolling into Ontario, propelled by changes to the rules concerning dismissal for delay.  We’re positioning our surfboard at the moment and we’ll be […]

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Personal Injury Trials in Ontario

Over the past 5 years, 59.26% or roughly 60% of all trials before the Ontario Superior Court of Justice civil trials have been personal injury-related. 45% of all civil trials […]

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Top 10 Business Disputes Going to Trial in Ontario

These numbers will be of interest to commercial litigators in Ontario and across Canada. What are the top 10 areas for business disputes?  Which business disputes go to trial? In 2014, 66,783 […]

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Motor Vehicle Accident Trials Commonplace in Ontario

Motor vehicle accident claims account for roughly 30% of all claims issued in Ontario.  Not surprisingly, a majority of claims issued fall into the ordinary procedure: claims over $100,000.  In […]

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Employment Law Trials On The Rise – Over 5% Go To Trial

Just over 5% of all employment cases started before the Ontario Superior Court end up at trial. And the number of employment law trials has grown in recent years.  According to the Ministry […]

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What are people suing about in Ontario and Canada?

Canada is a litigious country.  1 out of every 100 Canadians starts a legal proceeding each year. Click on the link at the bottom of this post to see what […]

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Cross-Examination CPD for law firms

Hassell Trial Counsel is delighted to offer cross-examination CPD seminars to law firms. Join trial lawyer Mick Hassell for an interactive seminar on how to take a systematic approach to rigorously prepare […]

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The Power of Trial Judges

The Supreme Court of Canada is giving more and more deference to Trial Judges and the result is that Trial Judges have enhanced power not only within the legal system […]

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Trial Lawyer Podcast: Opening Statements with Jim Hassell

On the Record, Episode 4 is our first interview and we kick the interviews off talking about opening statements. Michael Hassell has the honour of interviewing his father Jim Hassell. […]

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Fundamentals of Direct Examination

While cross-examination may be more exciting, direct examination is still very important. A good direct examiner remains quietly in the backdrop, helping the witness tell the story.  Witness preparation for […]

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Small Claims Court Trials

Some key considerations in preparing for and conducting trials in Small Claims Court, from the perspective of a trial lawyer: Settlement Conference Rule 13.05 presents a lot of opportunity to seek […]

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Fundamentals of Cross-Examination

Cross-examination is the most important thing a trial lawyer does. Judges and Juries love cross-examination, it is where things get interesting. Cross-examination gives the trial lawyer the opportunity to advance their […]

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Common Objections

How objectionable should you be at trial? As in life, as unobjectionable as possible.  Yet there are times when lines are being crossed, certain evidence needs to be excluded and the record […]

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Law of Evidence Fundamentals

If you’re going to trial, beyond knowing your case, Courtroom procedure and the law that applies to your case, you need to know the law of evidence in order to make […]

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Ontario Evidence Act Notices

If you’re going to trial in Ontario, you need to be aware of the need for and how to complete Evidence Act notices. For information on Evidence Act notices for business […]

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Getting your Witnesses to Trial: Summons or Subpoena, Attendance Money, Logistics

Sometimes you need to track down your eyewitnesses.  The good samaritan leaves a business card or cell number, but many disappear.  Get on top of this fast. Even if you […]

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Exhibit Lists

As your trial or hearing progresses, what info should you track as exhibits are entered? The exhibit number/letter, date if it’s a document (or note it is undated), description of […]

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Speeding Ticket Trials

If you’re a lawyer, you’ve probably had family and friends tell you they’ve got a speeding ticket and what should they do. If you’re a family member or friend of […]

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Crime, Sin and Damn Good Fun

Crime, Sin and Damn Good Fun

“Journal of a Country Lawyer: Crime, Sin and Damn Good Fun” by E.C. (Ted) Burton. What a great title for a law book. And on the cover is Ted driving […]

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The Best Text on Cross-Examination

I’ve been recommending this book to a number of lawyers lately. By far, the best text on cross-examination is: Cross-Examination: Science and Techniques By Larry Pozner and Roger Dodd The […]

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