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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

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

Eddie Greenspan In His Own Words

There have been an outpouring of tributes to Edward Greenspan since his passing on December 24, 2014. There is not much that can be added, so it is Mr. Greenspan’s own inimitable voice that seems most worth recalling. What follows are extracts from an interview with Mr. Greenspan in the Spring 2009 edition of The

Advocacy Tips from Criminal Court Judges

The most recent edition of the Criminal Lawyers Association Newsletter, For The Defence, is devoted to the subject of advocacy. In an introductory note, editor Breese Davies laments the absence of direct feedback from judges on how an advocate might have better performed in an individual case. What could they have done differently? How could

Damages and Wrongful Convictions

Tomorrow, the Supreme Court of Canada will hear oral arguments in a case that has the potential to make new law in the way that courts review the conduct of Crown Attorneys, and in the way that courts deal with claims for damages for wrongful convictions. The case involves Ivan Henry, convicted of sexual assaults