Skip to content
February 26, 2015

Litigation Privilege and Justice Robert Sharpe

The litigation Bar in Ontario received a major shock when Justice Janet Wilson decided, in the January 2014 trial judgment in Moore v. Getahun, that communications between counsel and expert witnesses engaged in the preparation of an expert report ought not to occur. The prevailing understanding had been that communication with an expert witness was...

June 10, 2014

The Court of Appeal Has Misgivings About Summary Judgment

In its landmark decision in Hryniak v. Mauldin, 2014 SCC 7, the Supreme Court of Canada held that summary judgment offered a viable process for adjudication in many civil claims. The Court overturned the decision of the Ontario Court of Appeal, saying the Court had “placed too high a premium” on the “full appreciation” of...

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...

September 9, 2009

The Scope of Expert Evidence

In an interesting decision, the Court of Appeal for Ontario took the unusual step of overturning an acquittal by a jury on a charge of first degree murder. The decision in R. v. Abbey, 2009 ONCA 624, is noteworthy for the extended analysis by Mr. Justice David Doherty on the scope of expert evidence, in...

July 17, 2009

Trial Within A Reasonable Time

Section 11(b) of the Charter of Rights and Freedoms guarantees to any person charged with an offence the right “to be tried within a reasonable time.” What is reasonable is left to the Courts to decide in the circumstances of individual cases. There are guidelines. The Supreme Court of Canada has said that, for less...