Duty of Fair Representation Complaints Before the Ontario Labour Relations Board

The practice of labour law is highly specialized. Practitioners in the field act for either unions or management and never the twain shall meet. It is not uncommon however for union members to complain about the conduct of their union. Obtaining representation in these circumstances can be difficult. Union lawyers will not act on the

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Controlling Your Witness And Getting Admissions On Examination For Discovery

Allan Rouben

The purposes of an examination for discovery have been well described by Mr. Justice Trainor in Ontario Bean Producers Marketing Board v. W.G. Thompson & Sons (1981), 32 O.R. (2d) 69 (H.C.J.) as: (1) to enable the examining party to know the opponent’s case; (2) to obtain admissions in order to dispense with formal proof or destroy

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The Use Of Rule 31.06(2) In Medical Malpractice Cases

Allan Rouben

It has been said many times that the introduction of the Rules of Civil Procedure in January 1985 was designed to broaden the scope of documentary and oral discovery. An important, and perhaps overlooked, facet of the Rules is the right to obtain the identity of persons who might have knowledge of the matters in issue. Rule

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Oral Argument Before the Supreme Court of Canada

Allan Rouben

Overview Much of value has been written on the subject of appellate advocacy. From our Court of Appeal, Justice Laskin has written three outstanding papers which, although not directly related to oral advocacy, have been of great benefit to practitioners: John I. Laskin “A View from the Other Side: what I would have done differently

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Legroulx v. Pitre: Striking Jury Notice, Charter of Rights and Freedoms and Rules of Civil Procedure

Allan Rouben

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

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The Use Of Summary Judgment in Long-Term Disability Claims

Allan Rouben

When the Rules of Civil Procedure came into effect in 1985, they heralded a new approach to the use of summary judgment. A procedure that had previously been available only to Plaintiffs and only in claims that were specially endorsed was now, under Rule 20, available to either party and the responding party was warned

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Processing Errors as a Ground Of Appeal in Medical Malpractice Cases

Allan Rouben

Acting for an appellant can feel like climbing Mount Everest. Leading judgments from the Supreme Court of Canada make overturning a trial judgment seem insurmountable. InHousen v. Nikolaisen, [2002] 2 S.C.R. 235 (S.C.C.) the Court held that a trial judge’s findings of fact cannot be overturned in the absence of a palpable and overriding error.

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Speaking Notes – Oral Arguments in the Supreme Court of Canada

Allan Rouben

There have been so many useful papers written on appellate advocacy that it’s a little daunting to say anything fresh. While I can’t offer any blindingly new insights, I would like to focus on a few aspects of advocacy that I think merit attention: the importance of context; getting straight to the point; and making

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The Simplified Procedure In Long-Term Disability Claims

Allan Rouben

Overview The Simplified Procedure provided for in Rule 76 of the Rules of Civil Procedure was introduced into our litigation system in 1996 and expanded in 2002 to encompass claims for up to $50,000.00. The purpose of the Simplified Rules is to reduce the procedure and attendant cost associated with such claims and thereby promote

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Patrizia’s Case: Appeals, Civil Litigation, Negligence and Minimum Maintenance Standards

Allan Rouben

Background: Patrizia was driving to work early on a snowy morning in April. The roads in Milton were snow covered and slippery. Weather forecasts from the day before predicted an 80% chance of snow, yet the Town of Milton had not scheduled an evening patrol to monitor the roads and clear the snow. Tragically, as

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