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 […]
The Simplified Procedure In Long-Term Disability Claims Read More »
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
The Use Of Rule 31.06(2) In Medical Malpractice Cases 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
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
Speaking Notes – Oral Arguments in the Supreme Court of Canada Read More »
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
The Use Of Summary Judgment in Long-Term Disability Claims Read More »
Canadians are justifiably proud of the integrity of their judicial officers. The removal of a Federally appointed Superior Court judge for misconduct is exceedingly rare. There has been only one such instance in Canadian history, dating back to 1967. On December 3, 2008, the Canadian Judicial Council, by a vote of 17-4, decided not to
The Quality of Mercy and the Case of Justice Ted Matlow Read More »
The purpose of an award of damages in a wrongful dismissal action is to compensate the employee for breach of the implied term of the employment contract to provide reasonable notice of termination. In the seminal case of Bardal v. Globe & Mail Ltd. (1960), 24 D.L.R. (2d) 140 (Ont. H.C.J.) McRuer, C.J.H.C. set out a list
Damages for Mental Distress in Employment Law Cases after Keays v. Honda Canada Inc. Read More »
Background: Clare had been working for General Motors for 23 years before his termination. The company claimed that he had threated a supervisor after being told that a urine sample he had given was diluted. Clare denied the allegation and asked the Union, Canadian Auto Workers Local 222, to grieve the termination. He communicated frequently
Clare’s Case: Labour Law, Duty of Fair Representation and Ontario Labour Relations Board Read More »
Background: Lucia resides in Ontario with her family, and was involved in a car accident in Michigan. She brought suit in the Ontario Superior Court of Justice against the driver and owner of the vehicle, as well as her own insurer given that the Michigan defendants claimed the accident was caused by an unknown vehicle.
Lucia’s Case: Appeal, Civil Litigation, Jurisdiction and Forum non Conveniens Read More »
Background Omer had been working for Air Canada for ten years, doing a job he loved as an airline mechanic, when the company claimed he had abandoned the job. Following an altercation with a co-worker, Omer was off work suffering from depression. Both he and the co-worker had been suspended, but Omer considered this was
Omer’s Case: Labour Law, Wrongful Dismissal and Duty to Accommodate Read More »
