The state of litigation privilege after BlankTen years ago, the Supreme Court of Canada rendered its decision in Blank v. Canada, thereby putting an end to considerable debate among Canadian jurists regarding the scope of the litigation privilege. In that decision, the Court underlined the distinct nature of this common law privilege, which had often been wrongly confused with solicitor-client privilege.
Published in Issue Archive
How I learned to stop worrying and love my first client — pt. 2“The handshake

 Seals the contract

 From the contract

 There’s no turning back”
Published in Web exclusive content
Strong, confident, competitive - Part 2This article is a continuation of 'Strong, confident, competitive' from the May 2016 issue of Canadian Lawyer magazine.

Click here to read part 1.
Published in Boutique Firm Rankings
Monday, 11 January 2016 09:00

Bearing bad news

Bearing bad newsWe all lose sometimes. My first big loss was after a full trial where we had a very strong case, both on the facts and the law.
Published in Web exclusive content
Monday, 04 January 2016 09:00

Hryniak two years on

Illustration: Huan Tran
Illustration: Huan Tran
Since she began practising with Osler Hoskin & Harcourt LLP in Calgary a decade ago, Kelly Osaka has been a front-line witness to the access-to-justice crunch in Canada’s courts. As Alberta’s population exploded, so, too, did the demands on court time and judicial resources. Litigation files, meanwhile, became bigger than ever, fuelled by electronic document discovery and other practices that built delays into the system. Osaka’s commercial clients, who could presumably afford the cost of a lengthy trial, began balking at the prospect and asking for alternatives.
Published in Features
Tuesday, 29 December 2015 09:00

New grounds for litigating

New grounds for litigatingDefence lawyers are grappling with how to wrap their minds around the implications of a recent ruling that could mean costly and drawn-out litigation for companies faced with environmental damage lawsuits brought by aboriginal communities.
Published in Issue Archive
Is CHCH newsroom now operated by ‘related employer?’Newsroom staff suddenly let go from their jobs at a Hamilton, Ont., television station may still be able to get severance from their former employer even though it declared bankruptcy.
Published in Latest News
As defined-contribution and combination plans continue to make headway as the designs of choice for many employers in Canada and the United States, litigation risk for sponsors is on the rise.
Published in Latest News
Monday, 08 June 2015 08:00

A take on presumption of prejudice

A take on presumption of prejudiceAs a litigator, there are many things that wake me at 2 a.m. Sometimes, it’s my arguments for an upcoming motion where I know I will have an uphill battle. Other times, it’s a pending meeting with a difficult client who is not going to like what I have to say, though I am duty-bound to say it. (And let’s be honest — a lot of the time, it’s my kids.)
Published in Web exclusive content
Monday, 11 May 2015 08:00

Dealing with those nuisance claims

Dealing with those nuisance claimsWe’ve all had them. The claim that lands on your desk and, from the very first read through, promises to live up to its colloquial name: a nuisance.
Published in Web exclusive content
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