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Ontario Superior Court of Justice Trials

On the Record with Michael Giordano: Trial Preparation

On the Record, Episode 18 is about trial preparation and attention to detail. Mick Hassell interviews Michael Giordano, a personal injury lawyer at Avanessy Giordano LLP. Michael shares a couple of stories from a 3 week personal injury Jury trial where attention to detail was crucial. By knowing the ins and outs of the file, including the accident benefits forms and property damage […]

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Ontario Superior Court of Justice Trials

How to Select a Civil Jury

Through the Ontario Civil Trial Manual, we’ve released some practical recommendations on how to select a civil Jury, such as how to obtain the list of potential Jurors and how to reorganize the list of potential Jurors for efficient Juror selection. Click here for full details on how to select a civil jury Hassell Trial Counsel is trial counsel for […]

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Ontario Superior Court of Justice Trials

Commercial Arbitration: On the Record with Alex Turner

On the Record, Episode 17 is about commercial arbitration. Mick Hassell interviews Alex Turner, a litigation lawyer at Bales Beall LLP, whose practice focuses on estate litigation, civil litigation and employment law. Alex’s interview is the first time Mick has interviewed an adversary – Alex and Mick battled in a commercial arbitration that went through a full hearing to an […]

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Ontario Superior Court of Justice Trials

Evidence Act and 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.  These are not standard forms under the Rules of Civil Procedure or the Evidence Act. Through the Ontario Civil Trial Manual, we’ve released commentary and precedence notices: For information on Evidence Act notices […]

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Ontario Superior Court of Justice Trials

Interprovincial Summonses Act and Moving Witnesses Between Provinces

Through the Ontario Civil Trial Manual, we’ve released a detailed explanation of how to summons not only witnesses within Ontario but also witnesses across provincial boundaries using Ontario’s Interprovincial Summonses Act and corresponding legislation in other Provinces and Territories. Click here for full details on how to summons witnesses Hassell Trial Counsel is trial counsel for law firms […]

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Ontario Superior Court of Justice Trials

Precedent Questions for Medical Experts to Address Threshold – Part 3 of 3

This is part 3 of a 3 part series on medical evidence to address threshold. Click here for part 1: Questions for Medical Experts to Meet the Threshold Click here for part 2: Ensuring Expert Medical Reports Address Threshold Click here for part 3: Precedent Questions for Medical Experts to Address Threshold Below is a […]

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Ontario Superior Court of Justice Trials

Ensuring Expert Medical Reports Address Threshold Issues – Part 2 of 3

This is part 2 of a 3 part series on medical evidence to address threshold. Click here for part 1: Questions for Medical Experts to Meet the Threshold Click here for part 2: Ensuring Expert Medical Reports Address Threshold Click here for part 3: Precedent Questions for Medical Experts to Address Threshold Part 1 addresses questions […]

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Ontario Superior Court of Justice Trials

Questions for Medical Experts to Meet the Threshold – Part 1 of 3

This is part 1 of a 3 part series on medical evidence to address threshold. Click here for part 1: Questions for Medical Experts to Meet the Threshold Click here for part 2: Ensuring Expert Medical Reports Address Threshold Click here for part 3: Precedent Questions for Medical Experts to Address Threshold Personal injury lawyers […]

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Ontario Superior Court of Justice Trials

Wrongful Dismissal Overview

Below is an overview of some basic and key issues in employment law and wrongful dismissals. Union vs. Non-Union Union employee rights depend on the collective agreement. Union employees are obliged to deal with their union when terminated and will likely need to file a grievance within a short timeframe. Non-union employees can resort to private legal […]

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Ontario Superior Court of Justice Trials

Ryerson LPP Trial Advocacy Workshops

Ryerson’s LPP teaches trial advocacy at a very high level. Recently, I was fortunate to participate as an advisor, assisting LPP candidates with cross-examination skills.  The cross-examination workshop was led by Sheila Block and Jim Seckinger, who literally have decades of teaching trial advocacy internationally.  Sitting in on the cross-examination demonstrations left several experienced trial lawyers wondering whether […]

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Ontario Superior Court of Justice Trials

Lions of the Trial Bar

Lions of the Trial Bar is several years old, but remains an entertaining read for trial war stories and attitudes towards trial practice.  The article looks at a number of famous American trial attorneys.  Some fun quotes follow the photograph below.   “Any lawyer who tells you he’s never lost a case hasn’t really tried that […]

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Ontario Superior Court of Justice Trials

On the Record with Justin Anisman

On the Record, Episode 16 is about the expert witnesses and leveraging the Evidence Act. Mick Hassell interviews Justin Anisman, a lawyer at Mason Caplan Dizgun Roti LLP, where his practice focuses on complex litigation files. Justin recently enjoyed success advancing a case at trial where he was successful in knocking out the defendant’s expert.  Justin’s expert had a hurdle to overcome because his expert was […]

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Ontario Superior Court of Justice Trials

How To Amend a Pleading in Superior Court

If you are involved in civil litigation before the Superior Court, you may want to check out Civil Litigation D.I.Y. – a litigation book on how to value, assemble and settle lawsuits. While it is possible to amend a pleading at trial, the earlier you amend your pleading, the better. This article touches upon how […]

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Ontario Superior Court of Justice Trials

On the Record with Geraldine Castel-Trudel

On the Record, Episode 15 is about the differences in Ontario Courts comparing smaller jurisdictions to larger ones. Mick Hassell interviews Geraldine Castle-Trudel, a criminal defence lawyer who defends cases across Ontario, in Quebec and Alberta. Gerry has defended cases at a significant number of Ontario’s Courts and shares insight on the differences in Courts across the province. Beyond differences […]

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Ontario Superior Court of Justice Trials

On the Record with Mitchell Rose, Settlement Counsel

On the Record, Episode 14 is about the role of settlement counsel in litigation. Mick Hassell interviews Mitchell Rose, a mediator, lawyer and settlement counsel.  The interview was conceived as a podcast battle of trial counsel vs. settlement counsel. Mitch has great insight on the role of settlement counsel and has plans to launch a podcast of his own […]

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Ontario Superior Court of Justice Trials

Kris Bonn on the record discussing costs awards in civil jury trials

On the Record, Episode 13 is about costs awards in civil jury trials and the challenges created by the Solicitors Act in pursuing costs. Mick Hassell interviews Kris Bonn a personal injury, insurance disputes and criminal defence lawyer at Bonn Law. Kris explains how the Solicitors Act, which permits contingency fees, actually creates a hurdle in taking modest cases to trial. A 2-4 […]

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Ontario Superior Court of Justice Trials

On the Record with Scott Pearl and the Charter right to silence

On the Record, Episode 12 is about the right to silence, statements by the accused and voir dires. Mick Hassell interviews Scott Pearl a criminal defence lawyer at Edward H. Royle & Associates. Scott discusses statements by an accused to the Police and how such statements can be used at trial.  One’s natural impulse, despite a Charter right to silence, is […]

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Ontario Superior Court of Justice Trials

Cross-Examining Police Officers: Interview with Calvin Barry

On the Record, Episode 11 is about cross-examining Police Officers. Mick Hassell interviews Calvin Barry, an experienced criminal defence lawyer who has conducted over 60 jury trials. Calvin has a wealth of knowledge when it comes to cross-examination.  He is a former Crown Attorney which gives him added insight on how Police Officers prepare to testify in direct […]

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Ontario Superior Court of Justice Trials

On the Record with Chris Bentley

On the Record, Episode 10 is about one of Ontario’s most sophisticated trial advocacy programs. Mick Hassell interviews Chris Bentley who is the Executive Director of Ryerson’s Law Practice Program (LPP). Ryerson’s LPP put on a 3 day intensive trial advocacy program featureing Sheila Block of Torys LLP and James Seckinger, Professor at the University of Notre Dame. The calibre […]

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Ontario Superior Court of Justice Trials

Adam Wagman Interview on Trial Teamwork

On the Record, Episode 9 is about the trial teamwork required for major personal injury trials. Mick Hassell interviews Adam Wagman who is a Senior Partner at Howie Sacks & Henry LLP, one of Canada’s foremost personal injury law firms. Adam Wagman and Brad Moscato and the team at HSH recently won a near $3 million jury award in a lengthy brain injury trial for their client […]

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Ontario Superior Court of Justice Trials

On the Record with Gary Farb: Litigation & Taking Fruit from a Tree

On the Record, Episode 8 is about a litigation metaphor: taking fruit from a tree. Mick Hassell interviews Gary Farb of Clark Farb Fiksel LLP.  Gary is a commercial litigator and a mediator with decades of experience. Gary shares his analogy of litigation as taking fruit from a tree, all the way from a demand letter (shaking the tree) to […]

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Ontario Superior Court of Justice Trials

On the Record with Trial Lawyer Jack Fireman

On the Record, Episode 7 is an interview about the strategy of trial, in particular the strategy of questions asked and the choreography of the Courtroom. Mick Hassell interviews Jack Fireman who has 50 years of experience in personal injury with extensive experience on the defence side and as of recording was working on the plaintiff side. Mr. Fireman suggests […]

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Ontario Superior Court of Justice Trials

Read the Judgment: Interview with Barrister Darryl Singer

On the Record, Episode 6 is an interview about the the justice system and the importance of reading the Court’s decision in order to be able to make informed commentary about the outcome.  This is all in the context of the high profile Jian Ghomeshi judgment. Mick Hassell interviews Darryl Singer of Singer Barristers. Many people are commenting on the […]

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Ontario Superior Court of Justice Trials

Steps in a Superior Court Lawsuit in Ontario

The technical term for a lawsuit in Ontario is a “civil action”. It’s where someone is suing someone else, usually for money or property. The steps in a lawsuit are discussed below, with links to resources on each step. Before you begin, you might want to take a look at our litigation book called Civil […]

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Ontario Superior Court of Justice Trials

Interview with Trial Lawyer Karen McArthur

On the Record, Episode 5 is an interview about the intangible skills necessary for success at trial and beyond: creativity, confidence and courageousness. Mick Hassell has the honour of interviewing legendary Criminal Barrister Karen McArthur. Karen McArthur is a connector, lawyer, speaker and author.  She has acted as defence counsel in some of the most high profile […]