Trial Lawyer Blog

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 […]

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 […]

Rule 15.01(2) of the Rules of Civil Procedure states that: A party to a proceeding that is a corporation shall be represented by a lawyer, except with leave of the […]

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, […]

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 […]

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 case before the Courts. It’s […]

Effective January 1, 2020, there will be no more Juries for Rule 76 claims, which will be for claims between $35,001 and $200,000. The change is being made to section […]

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 […]

The 3 goals of class proceedings aka class actions are understood to be: Judicial economy – a single class action is more efficient than potentially hundreds or thousands of individual […]

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, […]

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 […]

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 […]

The number of civil trials is on the rise. However, the resistance to civil trials is stronger than ever.  Most cases settle.  The % of cases settling is anticipated to […]

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 […]

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 […]

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 […]

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 […]

Through the Ontario Civil Trial Manual, we’ve released an article on the LAT process underscoring the importance of having witnesses, documents and expert reports ready to go for the Case Conference or […]

Through the Ontario Civil Trial Manual, we’ve released an online checklist of key things that need to be done along the road to trial, including precedents for managing witnesses, joint document briefs, […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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. […]

At a recent trial, I brought a motion to amend the client’s pleading day 1 in the unique situation of needing to update a claim to strictly comply with an […]

On the Record, Episode 15 is about the differences in Ontario Courts comparing smaller jurisdictions to larger ones. Mick Hassell interviews Geraldine Castle-Trudel, an Ottawa criminal defence lawyer who defends cases across Ontario, in […]

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 at Stancer, Gossin, Rose LLP.  The interview was conceived […]

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 […]

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 […]

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 […]

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 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 […]

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 […]

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 of Fireman Steinmetz […]

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. […]

Civil litigation refers to legal disputes between private parties. In a civil action, the plaintiff claims a sum of money from the defendant. In a civil application, the applicant requests […]

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 […]

Over the past 5 years, an average of  77,537  Ontarians begin family law proceedings each year and since there is an applicant and respondent, that’s an average 155,074 people getting involved […]

Peter Carey of Loopstra Nixon LLP and Tanya Walker of Walker Law Professional Corporation are chairing the program on March 1, 2016 from 9 am – 11 am. Mick Hassell will join Charles […]

At trial, documents are generally considered to be accurate and reliable. Conversely, at trial, witnesses are generally considered to be subject to perception, memory and communication problems.  Oral testimony in the […]

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 […]

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% […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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. […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]