Litigation is a formal process to resolve civil disputes between two parties. Adversarial in nature, litigation begins when two people or organizations disagree on a legal issue. The party who initiates the process is the plaintiff, while the person on the receiving end of the lawsuit is the defendant. Each party will provide the court […]
Factors That Cause a Case to Go to Litigation Read More »
A family court order in Ontario is a legal decision made by a judge about family matters, including divorce, child custody, and support issues. These orders can significantly influence your life and your family’s. If you feel that your family court order was made in error, understanding the appeal process is vital. This post provides
How do I appeal a family court order in Ontario? Read More »
There are several stages of litigation that parties must go through in order to resolve their dispute. This post breaks down these stages so you can get a better understanding before proceeding with a civil case. What is litigation? Litigation simply refers to the process of resolving legal disputes through the court system. It is
The Stages of Litigation Read More »
If you’ve recently received a court decision and feel an error was made, you might have grounds for appeal in Ontario. This guide will help you understand the process behind filing an appeal in Ontario. What Is An Appeal? An appeal occurs when you request a higher court to review the original decision in a
Your Guide To Filing An Appeal In Ontario Read More »
If you’re considering filing for an appeal, you may be wondering why you should hire an appellate lawyer. While you can certainly maintain your current lawyer, there are many reasons why you should look to acquire the services of a highly skilled appellate lawyer. The Specialized Nature of Appellate Practice Appellate practice is highly specialized
Why Hire An Appellate Lawyer? Read More »
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
Litigation Privilege and Justice Robert Sharpe Read More »
The most recent edition of the Criminal Lawyers Association Newsletter, For The Defence, is devoted to the subject of advocacy. In an introductory note, editor Breese Davies laments the absence of direct feedback from judges on how an advocate might have better performed in an individual case. What could they have done differently? How could
Advocacy Tips from Criminal Court Judges Read More »
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
Damages and Wrongful Convictions Read More »
There has been so much of value written on the subject of oral advocacy that it would be impossible to review these efforts in a short paper. For the purpose of discussing oral advocacy in motions court, there are several approaches that warrant emphasis: (1) put yourself in the position of the audience; (2) the
Oral Argument in Motions Court Read More »
Background: A complicated action was proceeding in Ottawa before Justice Denis Power and a jury. The plaintiff’s injuries, arising out of a car accident, raised difficult issues of causation and required that complex medical evidence be heard. The plaintiff’s lawyers considered the medical issues were too complex for the jury and brought a motion to
