Are lawsuits bad for business?
Litigating commercial disputes is generally considered a necessary evil by some and a waste of time and money, by others. I have never heard anyone except trial lawyers say that they are truly happy...
View ArticlePreparing for Mediation: Where the Real Advocacy Begins
The importance of mediations as an effective tool in reaching a settlement cannot be stressed enough. A mediation provides counsel with a very unique opportunity. It is often the one time in the entire...
View ArticleEffective Use of Experts
The importance of expert opinion evidence in medical negligence litigation is well recognized. In Bafaro v. Dowd , Carpenter-Gunn J. states: Due to the specialized knowledge of the medical profession,...
View ArticleSCC Clarifies Pierringer Agreements
Pierringer Agreements have been around in Canada for some time now. They were originally developed in the United States to deal with some of the obstacles to settlement that were commonly seen in...
View ArticleSupreme Court of Canada Clarifies Pierringer Agreements
Pierringer Agreements have been around in Canada for some time now. They were originally developed in the United States to deal with some of the obstacles to settlement that were commonly seen in...
View ArticleTo Costs or Not To Costs – Is That the Question?
The Law Commission of Ontario has now released the scope of its review of Class Actions, and, as expected, this review will entail an examination of the costs regime in Ontario. Currently, costs in...
View ArticleAre You Awake?
A recent decision I came across reminded me that while sometimes the law is complex, sometimes it only sounds complex but is really just common sense. In Justice Gray’s decision in Bhuvanendra v....
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