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Speaking Notes – Oral Arguments in the Supreme Court of Canada

There have been so many useful papers written on appellate advocacy that it’s a little daunting to say anything fresh. While I can’t offer any blindingly new insights, I would like to focus on a few aspects of advocacy that I think merit attention: the importance of context; getting straight to the point; and making...

The Use Of Summary Judgment in Long-Term Disability Claims

When the Rules of Civil Procedure came into effect in 1985, they heralded a new approach to the use of summary judgment. A procedure that had previously been available only to Plaintiffs and only in claims that were specially endorsed was now, under Rule 20, available to either party and the responding party was warned...

Club Resorts Ltd. v. Van Breda: Where Are We Now

On March 21, 2011, the Supreme Court of Canada heard oral argument in the matters ofClub Resorts Ltd. v. Van Breda and Club Resorts Ltd. v. Charron. The following day, the Court heard oral argument in Breeden v. Black, and on March 25 in Editions Ecosociete Inc. v. Banro Corp., both involving libel actions. The Court released its decisions...

OTLA Interventions: Anatomy of an Appeal

Since its founding in 1991, OTLA has vigorously pursued its mission “to fearlessly champion through the pursuit of the highest standards of advocacy the cause of those who have suffered injury or injustice.” Whether it be through law reform efforts, continuing education programs, roundtables, the OTLA Update and Litigator magazines or an active list serve, the goal throughout has...

The Jurisdiction of Ontario Courts: Anatomy of an Appeal

In 2002, the Court of Appeal for Ontario took the unusual step of consolidating five appeals each of which shared a common feature: an Ontario resident is injured in an accident outside the province and suffers damage and a loss of income upon their return. The cases involved varied circumstances: a car accident in Alberta,...

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