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, […]
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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. Under Ontario’s Limitations Act, 2002, many […]
Continue reading →This article on how to draft a reply contains some tips on when a reply is needed and what to include. The article is geared towards Superior Court (many, but […]
Continue reading →This article on how to draft a statement of defence covers 6 steps to help with your drafting. The article is geared towards Superior Court (many, but not all concepts […]
Continue reading →This list is based on our firm’s extensive pre-trial conference experience both conducting and consulting on pre-trial conferences. Persuasion. The goal of the pre-trial conference is to persuade the Judge […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →This article on how to draft a statement of claim covers 6 steps to help with your drafting. The article is geared towards Superior Court (many, but not all concepts […]
Continue reading →The outbreak of covid-19 across the world has shut down the Courts. Two obvious points during these challenging times: There are many things in life far more important than litigation. […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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, […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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, […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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. […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →Mediation is mandatory for Toronto actions. Of course, “mandatory mediation” is an oxymoron because mediation is supposed to be a voluntary process. Prior to May 1, 2017, a party could […]
Continue reading →On the Record, Episode 19 is about Juries. Mick Hassell interviews Brian Cameron, a personal injury lawyer at Oatley Vigmond. Over half of Superior Court trials are Jury trials and MVAs make up a large […]
Continue reading →Bankruptcy ends more litigation and trials than it creates. In fact, bankruptcy should be considered as a possible defence in every case. Here are some Ontario Superior Court of Justice […]
Continue reading →The concept of litigation portfolio management involves a lawyer or law firm viewing a group of litigation cases as a whole as opposed to considering cases one by one. Doing so means the lawyer […]
Continue reading →Are you thinking about sending an MVA case to trial? Make sure you’ve considered the following: Client Likeability Credibility Risk tolerance and costs insurance Opposition Insurance company Law firm Lawyer Liability […]
Continue reading →Jury trials and MVA trials are on the rise across Ontario. Here are some highlights: Increase in trials overall Last year, there were 2,740 trials in Superior Court 5 years […]
Continue reading →We read a lot about trials over here and recently stumbled upon a goldmine of advocacy and trial resources, including in podcast format. John Hollander runs The Advocacy Club based […]
Continue reading →Mick Hassell to Present at the Ontario Paralegal Association on Trial Advocacy and Cross-Examination
Mick looks forward to presenting to the Ontario Paralegal Association (OPA) at their first memberships meeting of 2017 on January 28, 2017. He will touch on two of his favourite […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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, […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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. […]
Continue reading →While it is possible to amend a pleading at trial, the earlier you amend your pleading, the better. It is best to amend asap for 3 reasons: costs, credibility and limitation periods. […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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. […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →Litigation is a war of information. I don’t intend to over-simplify, but there are 3 steps in every case and trial: Gather information Process information Present information The gathering of information […]
Continue reading →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 […]
Continue reading →This article is brought to you by the Ontario Civil Trial Manual and outlines what you need to know about To Be Spoken To (TBST) Court in Toronto for civil […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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% […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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. […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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 […]
Continue reading →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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