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 […]

Overview In its groundbreaking decision in Morguard Investments Ltd. v. De Savoye, [1990] 3 S.C.R. 1077 on the enforcement of interprovincial judgments, the Supreme Court of Canada emphasized the need for “order and fairness” in the assumption of jurisdiction over a defendant resident outside the jurisdiction. The court held that there must be a “real and

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

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 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

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

For as long as anyone can remember, judges have had a discretion to strike out a jury where the complexities of the case warrant it, the rationale being that judges are better able by training and experience to understand and process difficult issues. The Administration of Justice Act, 1877, section 255, provided that: “Notwithstanding anything in

Background: Heather suffered serious medical problems from mould and other toxins present in Government owned housing in which she resided in the 1980’s. She hired a law firm to represent her in the proceeding. Unfortunately, they failed to take action within the limitation period for doing so, with the result that Heather had to seek