Coming on the heels of the Supreme Court of Canada decision in Cuthbertson v. Rasouli, 2013 SCC 53, the October 30, 2013 decision of the U.K. Supreme Court in Aintree University Hospital NHS Foundation Trust v. James,  UKSC 67, offers helpful guidance on the role of a physician dealing with end of life care.
The Dubin Lecture on Advocacy, named in honour of former Chief Justice of Ontario and legendary litigator Charles Dubin, is a series on advocacy started in 1998. Lectures are delivered every two years and have included luminaries of the legal profession from across the globe. Some of them have been very funny. The first speaker,
A perennial question asked by appellate advocates is whether oral argument matters. Do their arguments have an impact on the decision-making process, and can they affect the outcome of a proceeding? At the Supreme Court level, Justice Ian Binnie and Chief Justice John Roberts both say that oral argument does matter, and they give the
I recently had the opportunity to speak on the subject of “Oral Argument in the Supreme Court of Canada” at the Commons Institute Conference on Constitutional and Supreme Court Litigation. The Chair of the Conference, my friend and colleague Eugene Meehan, suggested I make my thoughts more widely available, so here goes. One of the
Establishing causation of an injury can be a difficult task. The courts traditionally apply what has come to be known as the “but for” test: causation is established if the injury would not have occurred but for the event in question. The problem can be especially difficult in cases of psychiatric injury, in sorting out