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The Tension at the Heart of the Civil Justice System

There is a tension at the heart of the civil justice system. On the one hand, the system exists to resolve disputes on their merits. On the other hand, time limits imposed by the Rules of Civil Procedure or court orders must be respected, otherwise they will cease to have any meaning. Judges are faced

A Commentary on Hryniak v. Mauldin

The latest issue of The Advocates’ Journal has a commentary on the Supreme Court of Canada decision in Hryniak v. Mauldin by Jonathan Lisus. Mr. Lisus asks: “How will litigation history judge the decision – as a requiem for the vanishing trial or as a catalyst for modern trial procedure?” It’s fair to say that

The Court of Appeal Has Misgivings About Summary Judgment

In its landmark decision in Hryniak v. Mauldin, 2014 SCC 7, the Supreme Court of Canada held that summary judgment offered a viable process for adjudication in many civil claims. The Court overturned the decision of the Ontario Court of Appeal, saying the Court had “placed too high a premium” on the “full appreciation” of

Judicial Temperament

In a widely reported decision, Laver v. Swrjeski, 2014 ONCA 294, the Ontario Court of Appeal set aside a decision of Superior Court Judge John McMunagle for apprehension of bias. The case involved an application that money advanced by the applicant to her daughter and her daughter’s common law husband for the purchase of a

Discretion and the Quebec Election Campaign

Noted constitutional and human rights lawyer Julius Grey has been practicing at the Quebec bar for over 40 years. His latest project has landed him squarely in the middle of an important issue in the Quebec election campaign. On the one hand, officials of the Parti Quebecois have expressed concern that “outside forces” will commit