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Minimalism: An Approach To Advocacy For Our Times

Capable advocates understand the importance of focus and minimalism. The ability to hone in on the essential matters in dispute is a key to effective advocacy. Through the use of strict time limits, appellate courts impose this discipline on counsel. The misuse of time, for example with lengthy introduction to the issues or regurgitation of

Hryniak v. Mauldin: Where Are We Now

As of this writing, the Supreme Court of Canada decision in Hryniak v. Mauldin, 2014 SCC 7, has been referred to in 21 matters at the Court of Appeal for Ontario. Most of those are brief endorsements that do not warrant review. The significant references are set out below: King Lofts Toronto Inc. v. Emmons,

Costly Errors

Following release of the October 17, 2013 Hearing Panel decision in the prosecution of Torys LLP lawyers Elizabeth DeMerchant and Darren Sukonick, I raised the question here of why the Law Society continued with the prosecution for as long as it did. Those views were based on information contained in the reasons of the Hearing

A Prosecutor’s Continuing Duty to Evaluate Evidence

I preface this comment by saying that I know nothing about the evidence in the Law Society of Upper Canada’s prosecution of Torys LLP lawyers Darren Sukonick and Elizabeth DeMerchant, other than what is disclosed in the reasons for judgment of the Hearing Panel dated October 17, 2013. I have not seen the documents relied

Let the Sun Shine Into the Jury Room

Section 649 of the Criminal Code makes it an offence for a juror to disclose “any information relating to the proceedings of the jury when it was absent from the courtroom that was not subsequently disclosed in open court.” This sweeping prohibition has prevented the public from knowing about the reasons for, and the process