Trials

As discussed in our recent Walker Law blog post, initiating costly litigation based on meritless claims can attract significant cost consequences. In general, in the Superior Court, the losing side is usually ordered to pay approximately 60-80% of the legal fees or “costs” of the winning side. In addition to the compensatory nature of cost...Read More

A recent civil litigation case[1] out of the Superior Court of Ontario has provided a salient example of the type of conduct that warrants dismissal for cause. It also provides insight into the steps the prudent employer must take to justify, in employment litigation, its decision to dismiss an employee for cause. Background The plaintiff...Read More

As discussed in our recent Walker Law Blog post and by Tanya on CBC Television, conducting thorough research about those you intend to sue is a critical part of the litigation process in order to protect your interests and minimize potential losses. It is imperative that one understands the prospect of ultimately collecting funds and...Read More

At the core of the rights protected under the Canadian Charter of Rights and Freedoms are the basic human rights to life, liberty and security of the person (physical and psychological safety). In Canada, no individual can be deprived of these rights except through fair and just legal procedures in accordance with the principles of...Read More

What is discovery? After a civil lawsuit has begun, both parties will begin compiling all documents that are relevant to the litigation. Sharing these documents with the other side is first step in discovery, known as the exchange of affidavit of documents. The second step is what civil litigation lawyers call “examinations for discovery”. At...Read More

In a United States courtroom in California, prosecutors read out loud the private text messages of former Theranos CEO, Elizabeth Holmes (“Holmes”). Later those messages made headlines around the world and people globally read intimate messages that includes “missing you in every breath and in every cell”. The Holmes trial is a perfect example of...Read More

Since the COVID-19 pandemic began, the economy has been struggling to maintain the balance between the continued delivery of essential services and the need to promote physical distancing. Ontario’s court system has been trying to balance public health concerns with the need to continue promoting access to justice. In mid-March, 2020, with very few exceptions,...Read More

On October 23, 2019, the Ontario government confirmed that we would be seeing major changes to the Court rules coming this January 2020.Read More

When many people start a lawsuit, the end goal is getting to trial and obtaining a judgment against the other party. However, what many litigants do not consider is that a judgment is only a piece of paper.Read More

In the past year, we have attended many settlement meetings, mediations (settlement meeting with a third neutral person) and pre-trials (settlement meeting with a judge). In each case, we spent a considerable amount of time with our client beforehand preparing a draft settlement agreement. In 97% of our matters, we have found that attending any...Read More

PROVING YOUR CASE AT TRIALRead More

So far in this series of articles we’ve discussed a variety of the steps in the litigation process including the preparation of the Statement of Claim and the Statement of Defence, discoveries, and mediation.Read More

If you have watched courtroom drama on television you have likely seen portrayals of lawyers asking questions to the opposite site, which is videotaped.Read More

In our court system today, the reality is that very few lawsuits actually proceed all the way to trial. Instead, most cases settle at some earlier point in the process.Read More

In our last article we discussed administrative tribunals and the division of responsibilities between tribunals and courts.Read More

Suppose you’ve sued someone, you’ve won the trial and the judge has ordered the person you sued, now called the judgment debtor, to pay damages to you. What happens next? How do you get the money you are owed?Read More

You’re involved in a lawsuit, you want your day in court, but you also want to resolve the dispute quickly and you’re concerned about legal bills.Read More

Jurisdiction…you’ve probably heard the term, but what does it mean, how is it determined and how can it impact on the outcome of your case?Read More

You’ve become involved in a legal dispute. You’ve hired a lawyer to represent you. What exactly can you expect from your lawyer? Can a lawyer be helpful to you even if a formal lawsuit hasn’t started yet?Read More

Has someone committed a wrong against you? Are you thinking of suing? Here are some issues you should first consider.Read More

You may have had a dispute with someone that you have not been able to resolve. Next thing you know, there is a lawsuit handed to you by a mysterious person who says, “you’ve been served”.Read More