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A Prosecutor’s Continuing Duty to Evaluate Evidence

I preface this comment by saying that I know nothing about the evidence in the Law Society of Upper Canada’s prosecution of Torys LLP lawyers Darren Sukonick and Elizabeth DeMerchant, other than what is disclosed in the reasons for judgment of the Hearing Panel dated October 17, 2013. I have not seen the documents relied...

October 28, 2013

Humour at the Dubin Lecture on Advocacy

The Dubin Lecture on Advocacy, named in honour of former Chief Justice of Ontario and legendary litigator Charles Dubin, is a series on advocacy started in 1998. Lectures are delivered every two years and have included luminaries of the legal profession from across the globe. Some of them have been very funny. The first speaker,...

Let the Sun Shine Into the Jury Room

Section 649 of the Criminal Code makes it an offence for a juror to disclose “any information relating to the proceedings of the jury when it was absent from the courtroom that was not subsequently disclosed in open court.” This sweeping prohibition has prevented the public from knowing about the reasons for, and the process...

October 7, 2013

Does Oral Argument Matter

A perennial question asked by appellate advocates is whether oral argument matters. Do their arguments have an impact on the decision-making process, and can they affect the outcome of a proceeding? At the Supreme Court level, Justice Ian Binnie and Chief Justice John Roberts both say that oral argument does matter, and they give the...

Case Comment: Zacharias v. Zurich Insurance Company

The decision of the Court of Appeal for Ontario in Zacharias v. Zurich Insurance Company, 2013 ONCA 482, is of interest in a number of respects. From the perspective of appellate practice, the case is noteworthy in that the grounds for the Court’s decision were based on an argument that had not been made before...

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