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January 21, 2014

Differing Opinions On Whether Oral Argument Matters

Last week, I posted an extract from an interview with Chief Justice John Roberts on preparation for oral argument found in the 2010 edition of the Scribes Journal of Legal Writing. The volume contains wide ranging interviews conducted by Bryan Garner with all nine members of the U.S. Supreme Court. In her excellent book, “The...

January 13, 2014

Preparation for Oral Argument in an Appellate Court

Appellate advocates know that careful preparation is the key to a successful oral argument. What happens in the courtroom represents only the tip of the proverbial iceberg of what counsel has done in advance of an appeal. With time limits for oral argument and hot benches, it’s a given that  questions from the Court will...

January 9, 2014

Law Society of Upper Canada v. DeMerchant, Sukonick: An Update

Following six years of litigation, 130 days of hearing, the reasons of a Hearing Panel dismissing all claims and a request for costs of over $3,000,000, the Law Society has made the astonishing decision to appeal the ruling in its failed prosecution of Torys LLP lawyers Elizabeth DeMerchant and Darren Sukonick. In two previous articles...

December 12, 2013

The Michael Rafferty Appeal and State Funded Counsel

A grainy video showing eight year old Tori Stafford being led away by one of her killers served as a tragic image in the trial of Tracy-Lynne McClintic and Michael Rafferty. McClintic pled guilty to first degree murder. Rafferty went to trial before a jury and was convicted of first degree murder. The high profile...

November 1, 2013

A Physician’s Duty at the End of Life

Coming on the heels of the Supreme Court of Canada decision in Cuthbertson v. Rasouli, 2013 SCC 53, the October 30, 2013 decision of the U.K. Supreme Court in Aintree University Hospital NHS Foundation Trust v. James, [2013] UKSC 67, offers helpful guidance on the role of a physician dealing with end of life care....