There has been so much of value written on the subject of oral advocacy that it would be impossible to review these efforts in a short paper. For the purpose of discussing oral advocacy in motions court, there are several approaches that warrant emphasis: (1) put yourself in the position of the audience; (2) the
The decision of the Court of Appeal for Ontario in Zacharias v. Zurich Insurance Company, 2013 ONCA 482, is of interest in a number of respects. From the perspective of appellate practice, the case is noteworthy in that the grounds for the Court’s decision were based on an argument that had not been made before
The subject of access to justice has been receiving much attention of late. It was top of mind at the annual conference of the Canadian Bar Association. Consultation reports on the topic are forthcoming. I would like to focus, however, on a subject that has more practical implications for civil cases currently in our Court
When asked to comment on the top ten cases from the Court of Appeal on liability, damages and jury issues, there was no specific time frame within which the cases had to have been decided. In order to keep the topic manageable, I have tried to remain current with decisions in the last few years.
Overview Much of value has been written on the subject of appellate advocacy. From our Court of Appeal, Justice Laskin has written three outstanding papers which, although not directly related to oral advocacy, have been of great benefit to practitioners: John I. Laskin “A View from the Other Side: what I would have done differently