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June 3, 2015

Thoughts on Advocacy from Stephen Goudge

In the Summer 2015 edition of the Advocates’ Journal, editor Stephen Grant interviewed former Court of Appeal Justice Stephen Goudge. Justice Goudge had been a leading counsel working with the legendary Ian Scott before his appointment to the Court of Appeal for Ontario in 1996. During the interview, Justice Goudge offered helpful thoughts and insights...

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,...

February 26, 2015

Litigation Privilege and Justice Robert Sharpe

The litigation Bar in Ontario received a major shock when Justice Janet Wilson decided, in the January 2014 trial judgment in Moore v. Getahun, that communications between counsel and expert witnesses engaged in the preparation of an expert report ought not to occur. The prevailing understanding had been that communication with an expert witness was...

February 25, 2015

A Pointless Appeal

On February 18, 2015, the Appeal Division of the Law Society Tribunal dismissed the Law Society’s appeal of a Hearing Panel decision dismissing charges of conflict of interest brought against Torys LLP lawyers Elizabeth DeMerchant and Darren Sukonick. The allegations concerned the lawyers work in representing Hollinger Inc. and Hollinger International Inc. in the sale...