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February 26, 2015

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...

February 25, 2015

A Pointless Appeal

On February 18, 2015, the Appeal Division of the Law Society Tribunal dismissed the Law Society’s appeal of a Hearing Panel decision dismissing charges of conflict of interest brought against Torys LLP lawyers Elizabeth DeMerchant and Darren Sukonick. The allegations concerned the lawyers work in representing Hollinger Inc. and Hollinger International Inc. in the sale...

November 12, 2014

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...

November 7, 2014

Jan Wong and The Globe and Mail

In a decision released November 3, 2014, the Divisional Court dismissed a proposed application for judicial review brought by journalist Jan Wong in a case against The Globe and Mail. The case highlights several important aspects of our legal system that are worth commenting on. First, the context. Ms. Wong had been a reporter at...

November 4, 2014

Determining Credibility in Cases of Sexual Assault

The events of the past week involving Jian Ghomeshi have highlighted the difficult issue of sexual assault. These cases often turn on credibility, and this is especially the case where there is no corroborating evidence. With the large number of cases that come before the courts, general principles have been formulated that are designed to...