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Hryniak v. Mauldin: An Update on Culture Shift

In its important decision in Hryniak v. Mauldin, 2014 SCC 7, the Supreme Court of Canada signalled the need for lawyers and judges to re-think their approach to the civil justice system in order to provide timely and affordable access to the courts. This “culture shift” entailed simplifying pre-trial procedures and “moving the emphasis away

Legal Implications of the U.N. Commission of Inquiry on North Korea

In March 2013, the United Nations established a Commission of Inquiry to examine the human rights situation in the Democratic People’s Republic of Korea, commonly known as North Korea. The outstanding Australian High Court judge Michael Kirby was appointed Chairman of the Commission. The Commission released its measured but harrowing report on February 17, 2014.

Moral Character

Over a two year period in the late 1990’s, journalist Stephen Glass fabricated some forty articles in prestigious publications, including The New Republic and Harpers. His fraud is considered among the worst in the annals of journalism. At the time they were committed, Glass was also a part-time law student. Following his graduation, he applied

Summary Judgment and the Civil Justice System in Canada

The decision of the Supreme Court of Canada in Hryniak v. Mauldin, 2014 SCC 7, is an important one for civil litigators throughout the country. The case was about changes to the Ontario Rules of Civil Procedure on the use of summary judgment, however, the Court took the opportunity to discuss the values that underlie

Differing Opinions On Whether Oral Argument Matters

Last week, I posted an extract from an interview with Chief Justice John Roberts on preparation for oral argument found in the 2010 edition of the Scribes Journal of Legal Writing. The volume contains wide ranging interviews conducted by Bryan Garner with all nine members of the U.S. Supreme Court. In her excellent book, “The