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 »
There have been an outpouring of tributes to Edward Greenspan since his passing on December 24, 2014. There is not much that can be added, so it is Mr. Greenspan’s own inimitable voice that seems most worth recalling. What follows are extracts from an interview with Mr. Greenspan in the Spring 2009 edition of The
Eddie Greenspan In His Own Words 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 »
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
David Boies and the Art of Cross-Examination Read More »
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
The Michael Rafferty Appeal and State Funded Counsel Read More »
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,
Humour at the Dubin Lecture on Advocacy 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 »
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
Case Comment: Zacharias v. Zurich Insurance Company Read More »
The subject of access to justice has been receiving much attention of late. It was top of mind at the annual conference of the Canadian Bar Association. Consultation reports on the topic are forthcoming. I would like to focus, however, on a subject that has more practical implications for civil cases currently in our Court
Delays in Obtaining Civil Trial Dates: An Issue of Concern 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
