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May 11, 2009

Ineffective Assistance of Counsel

It is not uncommon for an accused person convicted of a criminal offence to blame their lawyer for the outcome. While courts look upon such complaints with scepticism, the reality is that mistakes can happen and inadequate representation can cause a miscarriage of justice. The Court of Appeal for Ontario has recognized the importance of...

May 7, 2009

Beware of Facebook

It is a fundamental aspect of our civil justice system that parties to a lawsuit are required to make available to their opponent any relevant document relating to the matters in issue in the action. It does not matter if the document helps or hurts the cause, it must be produced. Lawyers, and particularly insurance...

April 30, 2009

A Glimmer of Hope for Employees

On June 27, 2008, the Supreme Court of Canada released its long awaited decision in Keays v. Honda Canada Inc. Mr. Keays had been a long-term employee at Honda who was off sick as a result of chronic fatigue syndrome. Honda was not satisfied with the quality of his doctor’s notes and requested that Mr....