Canada has one of the world’s greatest justice systems. 2020 saw my involvement in a number of business and real estate trials, including a shareholder arbitration about a commercial property, a private mortgage contract trial and a real estate joint venture trial. Although Jury trials ground to a halt, I continue to be consulted on […]
Author: Trial Lawyer Blog
This article discussed provincial limitation periods in Ontario (not federal limitation periods) and how many limitation periods were paused due to the covid-19 pandemic. It is generally good practice to move forwards on the basis that limitation periods did not pause, taking any necessary steps on the assumption that limitation periods did not pause. But […]
This article is an abbreviated version of a chapter in Civil Litigation D.I.Y., a litigation book on how to value, assemble and settle lawsuits. The book does a deep dive into how to draft a reply. The book and this article are legal information, not legal advice. A reply is not a mandatory pleading. All […]
This article is an abbreviated version of a chapter in Civil Litigation D.I.Y., a litigation book on how to value, assemble and settle lawsuits. The book does a deep dive into the 6 steps outlined below, discussing each of the steps in some detail. The book and this article are legal information, not legal advice. […]
This list is based on our firm’s extensive pre-trial conference experience both conducting and consulting on pre-trial conferences. For more information on pre-trial conferences, please take a look at How to Conduct a Pre-Trial Conference and our Pre-Trial Conference Checklist. Trial Resources Resources by a trial lawyer, available online: Trial Services If you would like […]
On January 1, 2020, the maximum claim for simplified procedure actions (lawsuits) was increased from $100,000 to $200,000. At the same time, the use of Juries in simplified procedure was abolished, with the exception of defamation (libel and slander), malicious arrest, malicious prosecution and false imprisonment cases. Covid-19 has presented massive challenges to Jury trials […]
Mick Hassell was recently quoted in a Canadian Bar Association article talking about law firms outsourcing, including outsourcing trial work. Mick is quoted as saying: Most law firms retain me for trials because they could use someone with more trial experience and/or they are too busy litigating other files. Click here for the full article. […]
This article is an abbreviated version of a chapter in Civil Litigation D.I.Y., a litigation book on how to value, assemble and settle lawsuits. The book does a deep dive into the 6 steps outlined below, discussing each of the steps in some detail. The book and this article are legal information, not legal advice. […]
Lawyer-client retainer agreements are contracts and there are duties beyond the contract imposed upon the lawyer. Most legal fee disagreements can be avoided or resolved through good communication. This article touches upon four options to sort out legal fee disagreements that cannot be resolved. 1. Negotiation & Mediation First, there is negotiation and mediation. This […]
Rule 15.04 of the Rules of Civil Procedure sets out the rules on motions for removal from the record in Ontario. The rule was updated January 1, 2019. This blog post will look at removing a lawyer of record from both the lawyer and client perspectives. Note the distinction between a client who is an […]
Rule 15.01(2) of the Rules of Civil Procedure states: A party to a proceeding that is a corporation shall be represented by a lawyer, except with leave of the Court. This means that for a company to to be represented by an owner, director or officer in Superior Court (claims over $35,000 as of January […]
Starting January 2020, the simplified procedure increases to $200,000, Juries are removed for most cases and trials are restricted to 5 days. To actually get trials completed in 5 days, parties must agree on a Trial Management Plan (Rule 76.10(2)) 30 days before the pre-trial conference, have it approved at the pre-trial conference and incorporate […]
On January 1, 2020, the simplified procedure limit increases to $200,000. There are a number of changes that go with the increase. Claims Started after January 1, 2020 There are two important changes for claims started on or after January 1, 2020. First, the right to a trial by Jury is eliminated for many types […]
Before you settle a case, you might want to take a look at our litigation book called Civil Litigation D.I.Y. which discusses how to value, assemble and settle lawsuits. Dismissal A common term of settlement is that the case will be dismissed on consent and without costs. This is a formality to close off the […]
Plaintiff personal injury lawyers have typically developed excellent systems for gathering and managing documents. Sometimes witnesses are an afterthought and the first time a list of witnesses is created is at a pre-trial conference. It is good practice to build and maintain a list of witness during the course of an action, but where a list […]
The 3 goals of class proceedings aka class actions are understood to be: It is not uncommon for a class action to be based out of a single province or apply across Canada. Quebec, Ontario and B.C. have the most class action cases. In Ontario, class actions are governed by the Class Proceedings Act, 1992 […]
This article gives an overview of the the Rules of Civil procedure that govern class proceedings aka class actions. It is important to read the rules with the Class Proceedings Act, 1992 (the “Act”) in mind. Rule 12 of the Rules of Civil Procedure Rule 12 deals with class proceedings. Pursuant to rule 12.02, the title […]
The Class Proceedings Act, 1992 (the “Act”) sets out Ontario’s class action regime. Class actions may be started by a plaintiff or by a defendant on a motion to a Judge for certification (section 2). Plaintiffs must do so within 90 days of the last defence or time for last defence. Defendants may do so […]
Despite a massive caseload, the Toronto Region of the Superior Court ran a hugely successful trial sittings this fall for personal injury trials. Historically, personal injury start dates were scattered throughout the fall and spring months, with jury panels being rounded up multiple times throughout those months. For fall 2017, Toronto scheduled roughly 150 personal […]
Fall civil trial sittings are about to get underway in several jurisdictions across Ontario. This is a time of year when the Juries Act, R.S.O. 1990, c. J.3 comes into play. The key section of interest to lawyers is section 20, which says that a lawyer can get a copy of the jury panel list 10 […]
Who the witnesses will be is surprisingly one of the most often overlooked issues until late in the course of litigation, usually when a pre-trial conference memorandum requires a list of witnesses. Lawyers should start working on their list of witnesses the day they open the file, just as an affidavit of documents is contemplated […]
While Hassell Trial Counsel’s focus is on Superior Court civil trials, we get questions about Small Claims Court trials. Here’s an overview of the Small Claims Court process and some useful links. Small Claims Court has jurisdiction to award a maximum of $35,000.00 (as of January 1, 2020). Below is a brief outline of the […]
What are the purposes of trial scheduling Court and what does counsel need to do to prepare for trial scheduling Court? Purpose of Trial Scheduling Court The main purposes of trial scheduling Court are twofold. First, there is a gatekeeping function by the Courts to ensure only those cases that are truly ready for trial […]
If you conduct personal injury trials in Toronto and surrounding communities, the Toronto Sittings Project is of great interest. Announced May 15, 2017, Toronto is experimenting with personal injury trial sittings for the fall 2017 and spring 2018. All 2-3 week personal injury trials are being reshuffled to 4 week long trial sittings starting November 27, 2017 and […]
Civil Practice Court was introduced to replace Motions Scheduling Court in Toronto. It’s main function is to institute a gatekeeping Judge for long and/or complex motions and applications before a Judge, such as motions for summary judgment. Simple motions up to 2 hours long can be scheduled by email. Longer and more complex motions before […]