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June 8, 2009

Facebook and Legal Ethics

I recently filed a post about a request for production of the contents of a party’s Facebook page in the context of a personal injury claim. It was only a matter of time before someone came up with the idea of circumventing this procedure by obtaining the same information by other means. In an April...

May 20, 2009

Car Accidents in the United States and Legal Actions in Ontario

On May 14, 2009, the Court of Appeal for Ontario released a decision in a case that I was involved in on behalf of the plaintiffs. The decision, Silvestri v. Hardy, 2009 ONCA 400, concerned an action brought in Ontario as result of a car accident in Michigan. The plaintiff resides in Hamilton and has...

May 13, 2009

The Obligations of an Expert Witness

In an influential decision from 1993 known as the Ikarian Reefer, the English Queens Bench held that expert witnesses owe their primary duty to the Court instead of the party who may have retained their services. In the decision, the Court made the following important points: Expert evidence presented to the Court should be, and...