Skip to content
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...

August 26, 2014

David Boies and the Art of Cross-Examination

David Boies is a legendary litigator, having been involved in many of the leading civil cases in the United States. Early in his career, he defended IBM against anti-trust charges and CBS in a hard fought libel case brought by William Westmoreland. When the U.S. government launched a legal case against Microsoft, it turned to...

August 25, 2014

Culture Shift in Action

The Supreme Court of Canada decision in Hryniak v. Mauldin, 2014 SCC 7, was nominally about the appropriate use of the summary judgment procedure in Ontario. In fact, the decision ventured more widely into whether the civil justice system could deliver timely and affordable adjudication for ordinary litigants. The system, the Court said, has become...

July 31, 2014

The Tension at the Heart of the Civil Justice System

There is a tension at the heart of the civil justice system. On the one hand, the system exists to resolve disputes on their merits. On the other hand, time limits imposed by the Rules of Civil Procedure or court orders must be respected, otherwise they will cease to have any meaning. Judges are faced...

June 24, 2014

A Commentary on Hryniak v. Mauldin

The latest issue of The Advocates’ Journal has a commentary on the Supreme Court of Canada decision in Hryniak v. Mauldin by Jonathan Lisus. Mr. Lisus asks: “How will litigation history judge the decision – as a requiem for the vanishing trial or as a catalyst for modern trial procedure?” It’s fair to say that...