Acting for an appellant can feel like climbing Mount Everest. Leading judgments from the Supreme Court of Canada make overturning a trial judgment seem insurmountable. InHousen v. Nikolaisen, [2002] 2 S.C.R. 235 (S.C.C.) the Court held that a trial judge’s findings of fact cannot be overturned in the absence of a palpable and overriding error....

The practice of labour law is highly specialized. Practitioners in the field act for either unions or management and never the twain shall meet. It is not uncommon however for union members to complain about the conduct of their union. Obtaining representation in these circumstances can be difficult. Union lawyers will not act on the...

Overview In its groundbreaking decision in Morguard Investments Ltd. v. De Savoye, [1990] 3 S.C.R. 1077 on the enforcement of interprovincial judgments, the Supreme Court of Canada emphasized the need for “order and fairness” in the assumption of jurisdiction over a defendant resident outside the jurisdiction. The court held that there must be a “real and...

Overview The Courts of Justice Act, section 108(2)10 provides that “The issues of fact and the assessment of damages in an action shall be tried without a jury in respect of a claim for any of the following kinds of relief: 10 declaratory relief.” Typically, in actions for payment of long-term disability benefits, a claim...

Overview The Simplified Procedure provided for in Rule 76 of the Rules of Civil Procedure was introduced into our litigation system in 1996 and expanded in 2002 to encompass claims for up to $50,000.00. The purpose of the Simplified Rules is to reduce the procedure and attendant cost associated with such claims and thereby promote...