Skip to content

Costs in Estate Litigation Matters

Justice David Brown of the Ontario Superior Court of Justice is a careful and thoughtful jurist. Since his appointment as Administrative Judge in charge of the Toronto Estates List, he has been confronted with a number of contentious and difficult cases in this highly charged area of civil litigation. With this background, a postscript Justice

Videotaping Defence Medical Examinations

In cases involving personal injuries in Ontario, defendants are given a virtually automatic right to have the plaintiff examined by a health practitioner. Section 105(2) of the Courts of Justice Act provides that “Where the physical or mental condition of a party to a proceeding is in question, the court, on motion, may order the

Stay of Proceedings

“Innocent until proven guilty” is a golden thread running through our criminal justice system. The detention of an accused person before trial runs counter to this principle but can be justified for serious offences where the defendant presents a danger to the public or where there is a real risk that the accused may not

Wilful Blindness

Liability for criminal conduct requires an intent to cause harm. An important question in criminal law is the degree to which lesser states than actual knowledge can form the basis for a criminal conviction. In the decision of the Supreme Court of Canada in R. v. Briscoe, 2010 SCC 13 released today, the Court makes

The Jordan Manners Trial

On March 26, 2010, the jury in the Jordan Manners murder trial announced that they were unable to reach a verdict, prompting Justice Ian Nordheimer to declare a mistrial. The two accused will now have to be retried. Manners’ shocking murder at his Toronto high school caused great consternation and an official review of high