One step in the discovery process is preparing an affidavit of documents, which involves gathering, naming, organising and indexing all documents relevant to a case. The key steps in preparing an affidavit of documents is as follows: Each of these steps will now be discussed in turn. 1. Gather all Relevant Documents Depending on the […]
Author: Trial Lawyer Blog
Browne v. Dunn is an English decision from the House of Lords in 1893. It remains good law today and is important for cross-examination. It is sometimes (erroneously) referred to as the rule in Brown v. Dunn or even Brown v. Dunne. You are not alone if you have forgotten or misplaced the “e” in […]
The VAST Claims Methodology provides a framework for valuing, assembling, settling and trying civil actions. This article zeros in on the “V” in VAST – valuation – as applied to personal injury claims. How do lawyers value personal injury claims, such as motor vehicle accidents (MVA), slip and falls and medical malpractice claims? Liability Damages […]
In 2014, the Supreme Court of Canada recognised good faith as a general organising principle of the common law of contract and that there is a common law duty of honesty when it comes to carrying out contracts. In short, when it comes to contracts, all parties must act in good faith and honestly. One […]
There was an outburst of violence. Manning was severely injured. His hand was so damaged that it had to have nine stitches. And he lost the lobe of his right ear. The plaintiff [Rondel] admits that he did it, but he says that he was attacked by Manning. He was looking for prostitution and acted […]
“Claims: Adventures in the Gold Trade” is a wonderful book written by Ken Lefolii (1929-2022) in 1987 (while the trial was under appeal). The book does a deep dive into the pursuit of gold that turned into a Court case that found its way to the Supreme Court of Canada in 1989 in Lac Minerals […]
David Boies is a U.S. attorney that has been involved in high-profile litigation and trials. This article will briefly discuss some strategies he implements in litigation and cross-examination based on his memoir “Courting Justice” and biography “v. Goliath”. Both books contain a number of war stories involving cases such as the New York Yankies v. […]
This article discusses the right way to end a lawyer-client relationship and avoid harming a case in the process. Nothing in this article is intended to encourage disagreements between lawyers and clients. To the contrary, the article seeks to help with a smooth transition at the end of a lawyer-client relationship. The article serves as […]
Family law arbitration is governed not only by the Arbitration Act, 1991, which also governs domestic civil and commercial arbitration, but also by the only regulation under the Arbitration Act, 1991 as well as the Family Law Act, R.S.O. 1990, c. F.3. The rationale behind additional laws affecting family arbitration as opposed to civil and […]
This brief article outlines in point form the general steps applicable to any arbitration: More on Arbitration For more information on arbitration, please check out the following articles: Trial Resources Resources by a trial lawyer, available online: Trial Services If you would like legal advice from an experienced trial lawyer: Disclaimer This website and all […]
If you’re not familiar with the Arbitration Act, 1991 S.O. 1991, c. 17 (the “Act“) or haven’t read it in awhile and need a refresher, this article may be a helpful read. Section numbers in the article refer to Act and from there you can dive deeper into the language of the Act, which should […]
A Court case formally begins when the Court “issues” a statement of claim, notice of action or notice of application. When the Court issues a claim, the Court seals it, adds a Court file number and opens a file at the Court office. The initiating document is then personally served on the defendant(s) or respondent(s). […]
A corporation is a separate legal entity. In law, a corporation is considered to be a person. The corporation can sue and be sued. A question that commonly arises is: how do I represent my company in Court? This question implies that an owner intends to represent their company. For the purposes of this article, […]
The Partition Act, R.S.O. 1990, Chapter P.4 enables co-owners of land (and others) to go to Court and ask that the land be divided or sold. Pursuant to section 2 of the Act, joint owners and tenants in common can go to Court. If a joint owner dies, their ownership passes to the other joint […]
The Negligence Act, R.S.O. 1990, c. N.1 codifies the law as it relates to who is responsible in negligence cases. For example, in a case where the plaintiff sues 2 defendants, the Court in granting judgment could find that one of the defendants is 25% responsible and the other defendant is 75% responsible. Or as […]
The Crown Liability and Proceedings Act, 2019, S.O. 2019, C. 7 Sched. 17 (hereinafter the “Act“) discusses the liability of the Ontario Government, which is referred to as the “Crown” in the Act. It replaces the Proceedings Against the Crown Act, which was repealed July 1, 2019 (but applies to most older claims). There is […]
Before starting a lawsuit against the Crown (in the case of this article, the Ontario Government), it is necessary to provide 60 days notice. In other words, the plaintiff must provide a notice of claim for damages at least 60 days before starting an action for damages. NOTICE With respect to 60 days notice, section […]
A “civil application” is a process for some lawsuits in Ontario. A more common process is known as a “civil action” and is discussed at this link. This article will discuss “civil applications” and in brief the steps are as follows: It is possible for these steps to be incorporated into a Court order, for […]
In Canada, the term summons is commonly used for civil, family, tribunal and arbitration proceedings. The term subpoena is commonly used for criminal proceedings. To compel a witness to testify at a trial or hearing, a summons or subpoena is used. For the party calling the witness, it is necessary to: Civil Superior Court – […]
It is important for both plaintiffs and defendants to know about how to enforce a judgment. This article will detail some of the most common methods. The starting point for collection is to have the final order or judgment issued and entered by the Court, which enables it to be enforced. The Courts do not […]
This article addresses who can represent someone in Court or before a Tribunal in Ontario. The foundational law is Ontario’s Law Society Act which at sections 1(6), 1(7) and 1(8) defines what providing legal services are. The by-laws under the Law Society Act and in particular by-law 4 provides further information. You – any party […]
Trials can generally be adjourned on consent. Adjournment requests get more complicated where the other side does not agree. Adjournments on Consent For a variety of reasons, parties may agreed to adjourn a trial on consent. One side will usually request the other side’s consent by email or letter, setting out the reason for an […]
In this article we discuss how to prepare an affidavit of service and provide a link to purchase a user-friendly affidavit of service. The Rules of Civil Procedure call for documents to be “delivered” and the words “deliver” or “delivery” mean to serve and file with proof of service. Proof of service is demonstrated by […]
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 […]
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 […]